Does the upstairs-downstairs dichotomy in Nigerian law firms hinder competitiveness? The operational structure within Nigerian law reflects a long-standing “upstairs-downstairs dichotomy” among lawyers and non-lawyers – a culture that promotes non-inclusion and hinders employee engagement.
Background
Traditionally, lawyers are seen as Masters or the professionals – main contributors – while non-lawyers, including administrative staff, paralegals, litigation managers, human resources managers, IT personnel, and others, are often put in supporting roles.
The upstairs-downstairs dichotomy is a global phenomenon with certain peculiarities among Nigerian law firms. From experience, law firm support staff are not considered colleagues to lawyers in the same firm.
The upstairs-downstairs dichotomy impacts law firm structure and culture in legal practice; it often creates a distinct divide in employees’ responsibilities, authority, and perceived value.
Are Non-Lawyers Mere Supporting Staff?
Non-lawyer – a term we consider demeaning – roles in law firm administration are generally underutilized and under-engaged in Nigerian law firms.
Of course, the law firm owners and managers’ concerns about the capabilities of the administrative staff are genuine. Legal practice cannot reasonably develop to global competitiveness without multi-disciplinary qualifications among law firm managers.
We agree with Humayun that law firm administrative staff are vital professionals who play crucial roles in the smooth running of the firm and are the backbone of the legal system.
Generally, the practice among Nigerian law firm owners and managers of not empowering administrative staff to readily fill practice management roles, human resources, talent engagement, operations, legal marketing, and law tech undermines global competitiveness.
Indeed, legal training does not encourage collaboration and partnership, which are twin factors to a mentality that legal expertize stunts lawyers’ growth.
Within the last decade, the transportation system in Nigeria has changed. Rail and waterways emerged with clear legal issues, but there are less than a handful of well-trained transportation lawyers in Nigeria.
As global legal practice evolves to incorporate non-lawyers in significant roles such as legal technology, compliance, human resources, client engagement, case management, documentation, and project management, law firm owners must consider how Nigerian firms could similarly benefit.
This shift is not just about efficiency but about leveraging diverse skills and perspectives to gain a competitive edge.
What is the Upstairs and Downstairs Dichotomy?
The “upstairs and downstairs” hierarchy has long structured legal practice in Nigeria. By design, this dichotomy delineates the work of licensed lawyers from that of non-lawyers to protect client confidentiality and uphold standards of professional ethics.
So, qualified lawyers sit at the top. They handle important legal work, whether transactional, regulatory and compliance, advisory, or court representations, including non-core legal roles such as human resources, operations, client engagement and onboarding, legal marketing, technology, and paralegal roles.
Non-lawyers, such as those in accounting, marketing, human resources, technology, and administration, provide supporting roles only.
Without well-trained law administrators, lawyers are trapped in the trenches of many direct client-facing roles such as document management, case filing, calendar management, client onboarding, and discoveries.
Admittedly, lawyers’ involvement in these roles provides short term benefits, however, it generally fails to solve problem which overlooks non-lawyers’ significant contributions to law firms’ success.
The limitation on non-lawyer contributions is not unique to Nigeria. In many jurisdictions, non-lawyers face constraints on the scope of their work within law firms.
Jurisdictions such as the United Kingdom and the United States have gradually adopted policies allowing for greater inclusion of non-lawyers in roles that do not directly involve legal advice or representation.
Beyond Traditional Support Roles
The legal services industry in Nigeria is becoming more complex due to globalization and technological advancements. This calls for a rethinking of roles within law firms.
Around the world, the legal industry has started to include non-lawyer professionals in roles that add value, especially in compliance, legal project management, and legal technology.
Well-trained staff of non-lawyers ensure a law firm’s competitiveness, locally and even globally. They are crucial in ensuring that law firms operate efficiently and competitively in a digital age and meet clients’ evolving needs, such as cost reduction, high-level service, and better communication methods.
According to Porobija, law firms are more unlikely to delegate executive functions to professionals from other vocations for competitive advantage.
However, a non-lawyer case manager can help enhance the swift flow of ongoing cases; a litigation assistant can assist with court process filings, dispatch, and the retrieval of documents, working hand-in-hand with independent court sheriffs.
IT experts manage secure data and automate workflows, making legal processes more efficient; HR professionals manage all employment relations, talent retention, and development, ensuring a motivated and efficient workforce.
Marketing administrators drive client acquisition and brand awareness, directly impacting the firm’s growth. Practice Managers play a key role in client relationship management by addressing client needs efficiently while maintaining strong client satisfaction.
Financial managers ensure effective billing, cash flow management, and profitability, all crucial for the firm’s stability.
This shift underscores the need for teamwork between lawyers and non-lawyers, improving problem-solving and service delivery.
Non-lawyers’ contributions become even more critical within such settings, as they bring diverse expertise that enhances the firm’s ability to meet clients’ varied needs.
Furthermore, non-lawyers often serve as the main point of contact for clients and stakeholders, making them central to managing client relationships. This positions non-lawyers as ‘frontline ambassadors’ for the firm’s values beyond routine tasks.
Viewing non-lawyers as secondary players in law firms is increasingly outdated, as they complement the lawyers and are vital for enhancing service delivery and overall firm performance.
Creating an Inclusive Workplace
To create a more inclusive work environment, Nigerian law firms should recognize the specialized roles of non-lawyers and their contributions.
One approach is to involve non-lawyers in strategic discussions, particularly in areas where they have expertise.
This inclusion could boost operational efficiency and innovation. Enhancing role integration and providing job training is another key strategy.
By expanding non-lawyer roles to include tasks like case management, compliance, and legal technology under proper supervision and developing specialized training programs, firms can enhance the skills of their non-lawyer staff.
Establishing clear career advancement pathways is also essential. Law firms should create development paths encouraging retention, motivation, and professional growth, recognizing non-lawyers’ potential to contribute meaningfully to legal service delivery.
Finally, as the legal services market becomes increasingly tech-driven, leveraging non-lawyers’ expertise in legal technology is crucial. Utilizing their knowledge for data management and case analytics tasks can greatly benefit the firm’s operations and service delivery.
These combined efforts can foster a more inclusive, efficient, and innovative work environment in Nigerian law firms.
Conclusion
The upstairs-downstairs dichotomy” among Nigerian law firms limits the contributions of skilled non-lawyers by categorizing them as merely supportive staff.
By rethinking this structure and recognizing non-lawyers as key contributors, law firms can boost operational efficiency, retain valuable staff, reduce lawyers’ administrative workload, and enable specialization and competence.
This can help law firms stay competitive in a rapidly evolving legal landscape. Embracing a model that integrates non-lawyers meaningfully into law practice will enhance service quality and redefine teamwork within legal practice, acknowledging the diverse expertize both lawyers and non-lawyers bring to the workplace.
