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Saturday
Friday
Dealing with an incompetent and unethical lawyer
It is frustrating when you are dissatisfied with your lawyer or her work -- especially if you don't know what to do about it. Here are some strategies for dealing with common problems that arise during legal representation.
For starters, the distressingly common problem of non-communication doesn't have an easy solution. A lawyer who doesn't return phone calls or communicate with you for an extended period of time may be guilty of abandoning you -- a violation of attorneys' ethical obligations. But that's for a bar association to determine (if you register a complaint), and it won't do you much good in the short term.
If your lawyer doesn't seem to be working on your case, sending a polite but firm letter laying out your concerns should get your lawyer's attention. Don't threaten to file a malpractice lawsuit or complain to the bar association; such threats will probably make your lawyer angry and defensive, not attentive.
If your lawyer does not respond, or subsequent meetings or conversations are not fruitful, consider suggesting mediation to work out your communication problems if you still want this lawyer to represent you. A bad deskside manner doesn't mean that the lawyer isn't an excellent lawyer, and it can be difficult to find a new one in the middle of a case.
If you conclude that you simply can't work with your lawyer anymore, fire your lawyer and find someone new. You may also want to have a second lawyer evaluate your first lawyer's actions and advise you about paying (or refusing to pay) any bill you receive, filing a complaint with your state lawyer discipline agency, or suing the lawyer for malpractice.
The Lawyer Is Dishonest or Totally Incompetent
If you conclude that you simply can't work with your lawyer anymore, fire your lawyer and find someone new. You may also want to have a second lawyer evaluate your first lawyer's actions and advise you about paying (or refusing to pay) any bill you receive, filing a complaint with your state lawyer discipline agency, or suing the lawyer for malpractice.
The Lawyer Is Dishonest or Totally Incompetent
If your lawyer has actually stolen from you or acted with gross incompetence, the authorities in charge of disciplining lawyers in your state should show some interest.
File a complaint with your state's lawyer discipline agency
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
Unfortunately, these state agencies are famous for moving at a slow pace, not pursuing complaints vigorously, and communicating poorly with people who file complaints. Still, it is important to report a legal skunk. Many agencies wait until they have several similar complaints about a particular attorney before taking action.
Getting compensated
State bar associations are primarily concerned with punishing lawyers (though rarely severely), not compensating clients. But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.
You're Concerned About the Lawyer's Work
It's often hard for a client to know whether or not a lawyer is doing a good job. But if you think your lawyer's ability leaves something to be desired, investigate -- before it's too late.
Communicate
If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns.
Get your file
If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.
If you've already ended your relationship with the lawyer, you need your file pronto to make sure all deadlines are met, mistakes are repaired, and the matter keeps moving. If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court.
If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance. If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.
Research
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
Get a second opinion
If you've got serious doubts about how your case is being handled, see a second attorney. Second opinions are relatively inexpensive -- an hour or two of a lawyer's time spent talking to you plus any time spent reviewing papers. And they are often very valuable in helping you decide whether to stay with your current lawyer or change to someone better suited to the task.
The more you can tell and show the second lawyer about your case, the better advice you will get about whether your case is being handled correctly and what might be done differently. Keep in mind, though, that no two lawyers handle a case in exactly the same way, and that a second opinion is usually a cursory review, not a comprehensive analysis.
Fire your lawyer
It's your absolute right to fire your lawyer at any time for any reason. Give it serious consideration if you're convinced the lawyer is doing a bad job or if your relationship with the lawyer has become intolerable.
But dumping a bad lawyer can be expensive. If you hire a new lawyer, you'll have to pay him or her to get up to speed on your case. If the first lawyer hasn't done much, this shouldn't cost a lot. But if you have a trial scheduled for three weeks from now, your new lawyer will have a monumental and time-consuming job.
Sue for malpractice
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
File a complaint with your state's lawyer discipline agency
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
Unfortunately, these state agencies are famous for moving at a slow pace, not pursuing complaints vigorously, and communicating poorly with people who file complaints. Still, it is important to report a legal skunk. Many agencies wait until they have several similar complaints about a particular attorney before taking action.
Getting compensated
State bar associations are primarily concerned with punishing lawyers (though rarely severely), not compensating clients. But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.
You're Concerned About the Lawyer's Work
It's often hard for a client to know whether or not a lawyer is doing a good job. But if you think your lawyer's ability leaves something to be desired, investigate -- before it's too late.
Communicate
If your lawyer doesn't seem to be working on your case, talk to your lawyer and explain your concerns.
Get your file
If you can't find out what has (and has not) been done, you need to get hold of your file. You can read it in your lawyer's office or ask your lawyer to send you copies of everything -- all correspondence and everything filed with the court or recorded with a government agency.
If you've already ended your relationship with the lawyer, you need your file pronto to make sure all deadlines are met, mistakes are repaired, and the matter keeps moving. If the lawyer is unresponsive and the matter involves a lawsuit, go to the courthouse and look at your case file, which contains all the papers that have actually been filed with the court.
If you've hired a new lawyer, ask her for help in getting your file. Also, ask your state bar association for assistance. If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.
Research
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
Get a second opinion
If you've got serious doubts about how your case is being handled, see a second attorney. Second opinions are relatively inexpensive -- an hour or two of a lawyer's time spent talking to you plus any time spent reviewing papers. And they are often very valuable in helping you decide whether to stay with your current lawyer or change to someone better suited to the task.
The more you can tell and show the second lawyer about your case, the better advice you will get about whether your case is being handled correctly and what might be done differently. Keep in mind, though, that no two lawyers handle a case in exactly the same way, and that a second opinion is usually a cursory review, not a comprehensive analysis.
Fire your lawyer
It's your absolute right to fire your lawyer at any time for any reason. Give it serious consideration if you're convinced the lawyer is doing a bad job or if your relationship with the lawyer has become intolerable.
But dumping a bad lawyer can be expensive. If you hire a new lawyer, you'll have to pay him or her to get up to speed on your case. If the first lawyer hasn't done much, this shouldn't cost a lot. But if you have a trial scheduled for three weeks from now, your new lawyer will have a monumental and time-consuming job.
Sue for malpractice
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
- your lawyer messed up and
- you would have won your case otherwise.It's not enough to show that your lawyer made a mistake -- you must show that the mistake caused you financial loss that you would not have suffered if your lawyer had handled your case properly in the first place.
If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.
Legal malpractice cases are expensive to pursue, so do some investigating before you dive in. There's no point in suing if the lawyer doesn't have either malpractice insurance or valuable assets from which to pay you if you win.
Source: NOLO
Legal malpractice cases are expensive to pursue, so do some investigating before you dive in. There's no point in suing if the lawyer doesn't have either malpractice insurance or valuable assets from which to pay you if you win.
Source: NOLO
Thursday
Nigeria’s Stone Age President to spend additional week in London at the behest of a European Dentist
By Seyi Ariwoola
President Muhammadu Buhari has added an additional week to his stay in London over an appointment with his dentist.Apparently, over the course of his rudderless 8 years in office, things have deteriorated so much that he can’t find a single dentist in Nigeria to care for his oral hygiene needs.
Buhari’s Special Adviser on Media and Publicity, Femi Adesina, announced this in a statement on Tuesday evening.
The president was supposed to return to the country this week after travelling to the United Kingdom last week to attend the coronation of King Charles III.
Giving an update on Buhari’s UK trip in a news release, Adesina said Buhari was currently undergoing dental care.
President Muhammadu Buhari will be in London, United Kingdom, for an additional week, at the behest of his Dentist, who has started attending to him,” he said.
“The specialist requires to see the President in another five days for a procedure already commenced.”
Adesina added: “President Buhari had joined other world leaders to attend the coronation of King Charles III on May 6, 2023.”
Wednesday
Femi Otedola dismisses friendship with billionaire, Tony Elumelu
By Chukwuani Victoria
Billionaire businessman, Femi Otedola has said that he offered to acquire Transcorp Plc for N250 billion and take the company’s market capitalization to N2 trillion but his bid was rejected.
Recently, Otedola acquired a 5.52 percent stake in Transcorp Plc to become the second largest shareholder of the company, but then sold out his entire holding to Tony Elumelu, the chairman of the group.
In a press statement he shared with The Cable on Tuesday morning, Otedola spoke for the first time on the events surrounding his bid to take over the company.
The statement read, “In 2005, while Tony was the Managing Director of Standard Trust Bank he approached me to get funds to acquire UBA. I enthusiastically gave him $20million, which was N2billion at that time to buy the necessary shares in UBA for the acquisition. After a short period of time, the share price moved up and I decided it is was a good moment to sell and get out of the bank. However, Tony appealed to me to hold on to the shares as he was convinced that there were future prospects – so I kept the shares.
“I became Chairman of Transcorp Hotel in 2007 with a shareholding of 5% and unknowingly Tony gradually started buying shares quietly.
“By the following year in 2008 I went bankrupt in Nigeria. Tony proceeded to take my shares in UBA to service the interest on my loans and he also took over my shares in Africa Finance Corporation, where I was the largest shareholder.
“Shortly after, Albert Okumagba informed me that an American firm wanted to acquire my shares in Transcorp, which I then agreed to sell. However, this supposed American firm turned out to be Tony Elumelu. The revelation of this prompted me to resign as Chairman of the hotel.
“Years later in 2012 Tony said he wanted to see me so we met in my office where I had previously had a meeting with foreign investors who had not yet departed the premises.
Curious to know, he asked what sort of meeting I had had and I disclosed that I wanted to go into the power business, specifically Ughelli Power Plant. Tony quietly went ahead to bid for Ughelli and he outbid me by offering to buy the plant for $300 million.
“And as a some would say: the rest is history.
“Fast forward to the present…
“I offered to buy Transcorp Plc for N250 billion, but unfortunately, my offer was rejected. My goal was to maximize the company’s potential as a Nigerian conglomerate with a market cap of at least N2 trillion instead of the current N40 billion, but it seems some shareholders have a different vision.
“As a businessman, I believe in healthy competition and market dynamics. Two captains cannot man a ship, and I respect the majority shareholder’s decision to buy me out. This is the nature of the game.
“But let me be clear: my offer was made with the best intentions for Transcorp Plc and its shareholders. I saw an opportunity to unlock the company’s full potential and create value for everyone involved.
“It’s important for investors to understand that free entry and free exit are crucial to healthy markets. The scramble for shares after my acquisition is a testament to the value that Transcorp Plc can offer, and I hope the company continues to thrive under new leadership.
“My message to Transcorp Plc and its shareholders is this: I remain committed to the growth and success of Nigerian businesses, and I will always be looking for ways to create value for all stakeholders.
Stakeholders are unfortunately always shortchanged by getting stipends while the owners and managers of the business live a jet set lifestyle, which is detrimental to the stakeholders. Thank you for the opportunity to engage in this exciting chapter of Transcorp’s history.”
Elumelu has yet to officially react to the allegations levelled against him.
VANGUARD
Saturday
Friday
Monday
Sowore 'disappointed' Tinubu did not participate in Abuja Marathon
The African Action Congress (AAC) Presidential Candidate, Omoyele Sowore has expressed his 'disappointment' that the President-elect, Bola Tinubu did not participate in the 2023 Abuja Marathon.
Sowore stated this while addressing journalists in Abuja on Saturday.
He also expressed disappointment over the absence of the Minister of Federal Capital Territory, FCT, Mohammed Bello, at the race.
The rights activist was one of the participants in the maiden edition of the Abuja International Marathon.
He said: “This is the first Abuja marathon, I participated and I ran longer than I expected. I expected that the Minister of FCT would be here.
“I was even expecting Tinubu to be here, but apparently, I am the only presidential candidate standing after the election.
“I ran with kids, great kids. I am of the opinion that we are wasting a lot of talent in this country.”
According to Sowore, sports was an important tool towards uniting Nigerians and generating employment for the youths.
Sunday
Saturday
Peter Obi reacts to Buhari’s postponement of National Population Census
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| Buhari betrayed Jonathan’s Legacy |
CC™ Global News
By Gboyega Sowemimo
Labour Party (LP) presidential candidate in the 2023 general election, Peter Gregory Obi, has reacted to President Muhammadu Buhari’s decision to postpone the 2023 Population and Housing Census, earlier scheduled for May 3-7 2023.
Buhari in a press statement signed by the Minister of Information and Culture, Lai Mohammed, on Saturday, officially approved the census postponement.
Mohammed revealed that Buhari gave the approval after meeting with some members of the Federal Executive Council and the Chairman of the National Population Commission, Nasir Isa-Kwarra, and his team at the Presidential Villa in Abuja on Friday.
According to the minister, President Buhari approved that a new date would be determined by the incoming administration.
Reacting via Twitter on Saturday, Peter Obi described Buhari’s decision as a welcome development, stressing that National Census is a critical development and nation-building tool.
Obi tweeted: “FGN’s decision to postpone the 2023 Population and Housing Census, scheduled for 3-7 May 2023, to a date to be determined by the incoming Administration is a propitious and welcome development. National Census is a critical development and nation-building tool”
It is imperative that the next National Population Census is done right, with a view to addressing past concerns of the exercise being manipulated to favor a certain region of the country.
Friday
Transgender female runner who beat 14,000 women at London Marathon offers to give medal back
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CC™ Global News
By Ryan Gaydos and Chantz Martin
Glenique Frank, a transgender woman who ran the London Marathon in the female category, offered to give her medal back after controversy stirred when she beat out about 14,000 women in the race.
Frank sparked criticism after she appeared in a BBC interview and gushed about becoming a grandmother. She told the New York Post that the London Marathon was the first race she was able to pick her own name and gender. Several other races she plans on running need her name and gender given on her passport, including New York City, Tokyo and Boston, among others.
Frank told the outlet she was only sorry for "upsetting" her critics.
"If they want me to give my medal back, I’ll say, ‘OK, fine. No problem,'" Frank told the New York Post. "If they really think I’ve stolen the place [of a female runner], I don’t mind giving the medal back, because I’ll run again next year for charity.
"They’re angry because they’re saying that one of 14,000 women behind me could have had my place. Really? I did [the race in] 4 hours 11 minutes. There’s lots of women that beat me."
Frank said she understood she does not have a "womb" but insisted she did not compete as an elite runner and "didn’t steal any money."
Frank’s foray into the London Marathon irked two-time Olympian Mara Yamauchi, who finished in sixth place in the marathon at the Beijing Olympics in 2008 while representing her home country of Great Britain.
Yamauchi did not mince words when she spoke on Frank's win at the marathon over the weekend.
"Males in the [female] category is UNFAIR for females," Yamauchi wrote in a tweet.
"Nearly 14,000 actual females suffered a worse finish position [because] of him," Yamauchi wrote on Twitter.
Frank said her attention was not to try to trick anyone.
"I’ve known since I was 5 that I was in the wrong body," Frank said.
Frank said she is still planning on running marathons and planned on entering the London race next year as "other" or "male" to "just keep everybody happy."
Frank previously ran at an event in New York City while wearing a bra and a wig.
Frank, who is a British citizen, identifies as a female. After running a 17th career marathon, she excitedly spoke about using "girl power" to help get through the race.
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