Merriam-Webster Dictionary defines professionalism to mean “the conduct, aims, or qualities that characterise or mark a profession or professional person”, Wikipedia defines profession to mean, “a vocation founded upon specialised educational training, the purpose of which is to supply objective counsel and service to others…”
For the purpose of our discussion, focus would be on professionalism in the legal profession i.e qualities that distinguish the legal profession in objective counsel and service to clients. The judiciary branch of government is in place to safeguard democracy by administering justice irrespective of status, the common person on the street looks up to the judiciary to protect his rights and this is made possible through the various courts of law in the land.
The courts perform this function effectively through support staff like registrars, clerks, stenographers, sheriffs, bailiffs et al provided to aid judges and magistrates in the dispensation of justice. This support staff play important role in the administration of justice; they contribute one way or the other to the time and manner justice is being served because they receive, examine and process legal documents for the smooth progress of court operations.
It follows therefrom that the hands and legs of the court must perform their functions with strict code of conduct encompassing rigorous ethical and moral obligation to instill public confidence in the judiciary; attitude to cases must portray understanding and appreciation to the workings of the law and the duty of a legal practitioner.
In order for the common man to access justice, he/she must approach the court to seek relief, remedy, or interpretation of contracts, statues and other relevant documents, due to the legal complexities involved in court proceedings unknown to the common man {laymen}, the services of legal practitioners are most times required.
Having said that, it is quite unfortunate that some support staff in some courts in certain jurisdictions do not live up to expectations; they somewhat undermine the duty of a legal practitioner, bearing in mind that any friction in the relationship between lawyers and court staff has an effect on the steady flow of attaining justice.
Take for instance, one rent tribunal clerk who went to levy execution based on his own understanding of a ruling delivered by the rent tribunal chairperson on an application for stay for execution; some also relate directly with clients on matters pending before the court knowing full well that they are represented by a legal practitioner. Imagine going to court unprepared for a suit slated for hearing because the other parties are not on notice, only to get to court and find out that the litigant went to court and personally made arrangement for service, this only helps in undermining the value of a legal practitioner.
Some who have spent a considerable number of years in the legal system feel they know the law more than lawyers, especially the young ones. These support staff tend to intimidate young wigs because they feel they know the law better or have been in the business longer. I don’t know where they get that feeling from because only a lawyer knows the law, and God forbid that a lawyer knows all the law talk more of a support staff whose only knowledge of the law is restricted to what goes on around the court.
Without closing eyes to support staff who perform their functions diligently with respect to boundaries, justice must not only been seen to be done inside the four walls of a courtroom but also outside the courtroom.
To ensure professionalism in the legal profession, the Judicial Service Commission and National Judicial Council responsible for the employment of these support staff should encourage further training and orientation on changing aspects of the law through seminars, workshops, colloquium et al, or send some to other jurisdictions to experience how things are done differently.
Because of the importance of these staff to the administration of justice, it is imperative that they conduct themselves with professionalism in dealing with legal practitioners and litigants alike.
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