The legal profession is regarded as one of the noble profession, if not the noblest on earth. The legal profession from inception over a million years ago has had the mindset of sustaining Justice and equity under the law of the land. A society cannot exist without its laws or legal body to regulate the activities of the country in respect to law, justice and equity.

Having established the role of the legal profession in a country and its vitality for a nation to stand, we need to understand that from the evolution through centuries, media has been used to enhance the function and advancement or development of the legal body. These media include the social media, selective communication channels or personal interface amongst people in the legal profession or associated to it in one way or another. In line with the topic at hand, I will be considering various angles of the topic like the contribution of social media to the global lawyer, the status quo regarding advertising in the legal profession, effect of restrictions or limitations if any, benefits or consequences of these restriction being removed and the overall profit of social media in keeping the status quo. The first question becomes, what is the contribution of social media to the global lawyer? What are the overall profit, growth and outcome for embracing social media in the legal profession?

It is a globally accepted fact that over the years, there has been an evolution; say advancement in the technological aspect of the world especially the social media used for communication and information. The legal profession has not been an exception to the number of professions that have embraced the development, a typical example is the acceptance of electronic evidence in our law courts (sect 93 Evidence Act 2011) not to mention a lot of changes in the process of executing duties in the legal profession due to advancement in technology. In order to fully understand this, we need to understand the keywords: social media and Global lawyer.

The Advanced Learners Dictionary 9th Edition defines a Social Media to be websites and applications that enable users to create and share content or to participate in social networking. It is the collective of online communication channels dedicated to community-based input, interaction, content-sharing and collaboration. From this definitions, we understand that social media is basically social networking that involves communication and information. In the society today, the social media has been a root for established networking locally and globally which has resulted in the international community of foreign relations and local development.

A Global Lawyer is one who requires insight into their own impact as a lawyer and as a person. An emerging cultural context is the use and application of digital technologies, they demand their own competencies in facilitating communication, and in making choices about their use. A global lawyer is one who doesn’t just focus on local establishment but a transactional and international practice which involves being able to effectively use social media in communication. This assertion has simply affirmed that for a lawyer to succeed in his profession he needs the aid and manual which social media provides. A global lawyer is one who has to be good in profession as well as social relations locally and internationally. The social media has 2been an aid in establishing professional network between lawyers by enriching their social and personal lives for effective communication. Access to information and updates on websites, law report books, legal advice on social media such as Twitter, LinkedIn, Facebook, has in no doubt improved lawyers stand in the global market of lawyers. Having outlined that social media has helped in enriching social and personal lives of lawyers, helped in gathering of information, effective association and communication, access to insights and legal advice amongst so many other benefits; we need to examine the status quo on the use of these media as well as its restrictions if there exist any.

With respect to questions on whether the legal body can be regarded as a business or a marketing body, advertisement and commercialization happens to generate controversies in the legal field. A platform or an imaginary world which allows lawyers to use marketing techniques such as advertising in the legal profession existed before the restrictions and these restrictions were set due to the inconsistencies of the practice of marketing in the legal profession. Some have argued that a legal practitioner in Nigeria cannot advertise to certain extent due to the respect, ethics and regard for the noble profession, others argued that these restrictions are seen as an act of discrimination for the legal profession, where professions like engineering, architecture can advertise without limits and this act cannot undermine the nobility of the legal profession. A scenario where there are no restrictions or a limitation to the extent of commercial advertising in the legal profession, the legal profession becomes a legal market with a large scale competition where each lawyer scrambles to attract more customers for his benefit. MrAfamOsigwe in his work “The challenges of Managing a Law Office in Modern Day Nigeria,” which he presented at the law week of NBA Zaria Branch on the 29th day of November, 2017, “Law practice is a business but Legal

2 Oxford Advanced Learners Dictionary, 9th Edition.

2 Evidence act 2011 (section 93)

3The Challenges of Managing a Law Office in Modern Day Nigeria by MrAfamOsigwe 2017.

practitioners are not business.” The implication here is that although a legal practitioner works to give quality services to his client which is business, he must not go outside the Rules of the Legal profession to give such services.

Advertising is a marketing communication that employs an openly sponsored, non-personal message to promote or sell a product, service or event or idea. It is seen as a notice or announcement in a public medium promoting a product, service or event or idea. Commercial advertising is a medium that creates a demand for a product, service or idea. The importance of commercial advertising is to create name, recognition in an effort to impress consumers to use the product or service being offered (advertised).

Advertising is provided for in Rule 39 of Rules of Professional Conduct (RPC) 2007. Before the 2007 Rules was Rule 33 of 1979 Rules which prohibited advertisement to a large extent with few exceptions similar to the current rules. These restrictions do not explicitly condemn lawyers from advertising or promoting in connection with his practice of the law but provides conditions for which this could be done. It is therefore a fallacy to say that advertisement is prohibited because the legal profession is a noble profession; this is because England where the noble profession was gotten from permits advertisement or legal marketing from 1986. See Bates vArizona State Bar 433 U.S 380(1977). Since it is established subject to section 39 of Rules ofProfessional Conduct (2007) that advertisement is permitted in the legal profession but with restriction, the question becomes what were the grounds for placing these restrictions on commercial advertising in Nigerian law profession? It is most likely to avoid lawyers scrambling for clients or touting which would bring disrepute to the legal profession which is built on serving justice and enforcing the rights of individuals in the society; to avoid a person’s advert to promote him and degrade another, to avoid making the legal profession look like a market full of traders competing for the attention of customers passing through. Having established the rationale behind these restrictions, one could picture a world without these restrictions. [2]

A lawyer or a firm could simply put up sign board with the caption: Vicky & Ella Legal

Practitioners, the best law firm in arbitration is offering 30% discount for all clients from June to August. The assertion above is degrading and a fallacy to assert that law firm to be the best in arbitration, this assertion makes the legal profession look like a market place for competition rather that upholding the laws and serving justices. A critical analysis of the rule says a lawyer in Nigeria can advertise in so far as the advertisement meets the provisions of the law. The advert must be fair and proper, it must be accurate and not misleading, it must not diminish public confidence in the legal profession, it must not diminish administration of justice, it must not bring the legal profession to disrepute, the advert must not make comparison with other lawyers, the advert must not criticize other lawyers and the advert must not criticize other profession. This proves that a lawyer could engage in legal marketing. Legal marketing is a broad term that refers to advertising and other practices, such as client relations, public relations, networking, and participation in professional organizations. These could be complimentary cards, directional sign boards and banners during conferences but not a broadcast that goes against the rules elaborated. See Legal Practitioners Disciplinary Committee v Fawehinmi (1985) 2 NSCC 998[3]. A case where the respondent was queried by the disciplinary body for advertising his book in a newspaper after editing. The advertisement stated thus:

“A New Book on Nigerian Constitution titled: Nigerian Constitutional Law Report 1981 Volume one, edited by Chief GaniFawehinmi, the famous, reputable and controversial Nigerian lawyer” Although the office of the Attorney General did not get through with the count charges filed against the accused to the end of the case because of an issue of the composition of the tribunal on a matter of fair hearing, it is clear that advertisement is one act or activity that the legal profession does not accept in so far as it proves to compare one practitioner to the other or one firm to another, and place on the advantage, one practitioner over the other. The rules are clear and not controversial that advertisement in the legal profession is accepted. Under Rule 39(1) ofRPC, a lawyer may engage in any advertising or promotion in connection with the practice of law so far as it is fair and proper in all circumstances; and complies with the rules.

In view with the trend of globalization, most jurisdictions have allowed a seeming form of advert on the internet. In the United Kingdom, law firms are allowed to advertise on the net to a certain degree. In view of this, it is expected that our rules of professional conduct be reviewed in line with the laudable trend in other jurisdiction with a limitation. Soliciting for instructions and employment is probably the most common and degrading example of unfair attraction of business. It lowers the prestige and reputation of the lawyer involved and the profession as a whole. It could be solicitation for employment in court premises, instigating litigation, ambulance chasing, under association which is a form of touting. From my stands, I believe the restrictions are good and the status quo be maintained as it is the only way to control the excesses of the legal profession which if not properly checked could make our profession a marketing environment. This alone defeats the aim for which this profession ahs grown to where it stands in the world today. It is worthy to note that it is permissible for a legal practitioner to meet with people in clubs, restaurants and other social gatherings, but not where the aim of such gathering is for a legal practitioner to associate unduly with other persons who are in a special position to assist him to obtain employment.

In conclusion, we need to understand the contribution of the social media to the legal profession and to the global lawyer in assisting him in commercial advertisement as well as keeping to the restrictions. The social media has been a stepping stool to socialization and establishment of international and local connections thereby creating a proper network of association of lawyers. The social media has aided the commercial advertising of firms through LinkedIn and has promoted the integrity and stands of the profession. The social media seen as a collectivity of social network base has served as grounds for the exchange of information and effective communication in the legal profession. Due to the social changes of man and his environment, the law has also had changes to fit into the social evolution of man and the social media and its advancements has been of great help in updates, reformation and embrace of change in the legal profession. In a world where we had no collective network of lawyers which the social media provides now, our law will be static, repulsive and repugnant to fairness, good conscience and equity. A world where a lawyer just has to sit in his office awaiting clients, consoled with a law library of outdated books and judgements, little or no knowledge on the global changes in the legal profession; then this world is one which paints the legal profession as a static body which is backdated and unable to compete globally.

In essence, the questions on if commercial advertising is allowed, yes it is. It comes with its restrictions and limitations on good ground and in consideration of how the social media has helped a lawyer become a global lawyer, it has done that in more ways than we can think and mention. In line with this article, it is therefore a fallacy to say that social media has no use to a global lawyer; it is also a fallacy to say the restrictions on commercial advertising is more harm than good for the legal profession.

[1] The Rule of Law, Committee Report on Rule of law pg. 93

[2] Rules of Professional conduct 2007

[3] Legal Practitioners Discipliary committee v Fawehinmi (1985) 2 NSCC 99