Remuneration of Lawyers for Legal Services Rendered: Exploring Means Beyond the Traditional Mode

Legal practitioners or lawyers render legal services either pro bono or for a fee. The type of fees chargeable depends on the nature of work to be done. Fees are usually charged in monetary or numismatic terms even though the Nigerian legislation recognises money or money’s worth as a form of consideration. The first question this paper seeks to address is whether a lawyer in Nigeria can be remunerated in digital asset such as cryptocurrency? The second question is what criterion will be employed in calculating the lawyer’s legal fees or remuneration if the first question is in the affirmative? In addressing these questions, the paper considers the law and regulations guiding legal practice, and remuneration for legal services, particularly Legal Practitioners Remuneration (For Business, Legal Service and Representation) Order 2023. The doctrinal research methodology was used during this study, and it was discovered that remuneration in cryptocurrency may be deduced from the definition of ‘remuneration’ in the Order. It is suggested that there should be a law or regulation expressly providing for remuneration for legal service in cryptocurrency. Thus, it is recommended that the Legal Practitioners Remuneration (For Business, Legal Services and Representation) Order 2023 be amended. Alternatively, a supplementary Order may be made to address remuneration for legal service in cryptocurrency. The challenges associated with cryptocurrency such as money laundering may not pose risk since lawyers are required to comply with Chapter 2 of the extant Rules of Professional Conduct for Legal Practitioners.

Keywords: Remuneration, Legal services, Cryptocurrency, Legal fee, Reward, Retainer