COVID-19: Shall lawyers be essential in the times ahead?

By Bernard Oundo

While I applaud the High Court for its recent decision in Geoffrey Turyamusiima v. Attorney General, Miscellaneous Cause 77 of 2020 which affirmed that Uganda Law Society (ULS) members are essential service providers, I am deeply worried about the relevance and survival of the legal profession in the times ahead.

The Corona virus/COVID-19 pandemic is a vital issue that is not going away anytime soon.

We are all doing our best to stay home and look out for ourselves and our loved ones. But what about our business: will it survive the effects of the pandemic?

The truth is that no country, business, law firm or individual lawyer will be immune from COVID-19's impact. There will be no quick return to our previous lives.

The global, regional, and Ugandan economies have already contracted. Several businesses will have to restructure, jobs will be lost, and lawyers' earnings will not be spared.

Our response will determine whether we go under, survive, or thrive. How then should we respond at the personal, business, and ULS level? These are my suggestions.

At the personal level

We must individually reflect on how we can diversify our incomes, and keep costs at a bare minimum. Many lawyers may have to rethink their earnings strategy beyond salary and legal fees. Owners of successful practices may want to cut back on buying luxurious items such as a large house, a cool vehicle, etc.

If one has a piece of land that is idle, one may have to start growing one's food. Investing in a wellness program to boost one's mental and physical health is highly recommended.

This crisis calls for much deeper introspection than space here permits.

At the business level

We should re-assess our business models by restructuring to lower the cost of doing business and serve our clients more efficiently. Reducing office space, merging law firms, and implementing those shelved succession plans are some of the attractive propositions to think about right now.

With courts operating significantly below capacity, land registry closed, and URSB partially open, this is a wake-up call to re-skill ourselves as it is never too late. Adapting to new trends and technologies will enable us to notice and optimize new opportunities.

This time may be profitably be used to download the Zoom app, attend a webinar, and visit websites that offer free training materials in emerging practice areas such as Oil and Gas, Energy, Project Finance, etc.

At the ULS Level

First and foremost, ULS must come up with a COVID-19 budget that focuses on how best to utilise members' subscription for the benefit of the members.

As per 2018 audited financial statements, membership was 2,915, and subscription fees were UGX 1.5 billion, accounting for 24% of total revenue. Donors funded 76% of our budget.

But the continuity of donor funding will be uncertain. We must, therefore, cut back spending on non-essential items and find ways of achieving savings, especially as COVID-19 control rules will require ULS to hold fewer public gatherings. The era of refresher courses at expensive hotels has come to an end.

In 2018, our expenditure on the Annual General Meeting (AGM) was Shs 255 million. Maybe it is high time we considered holding a digital AGM at a much cheaper cost.

Secondly, capitalising our SACCO is no longer an option but a priority as it is now the declared policy of the Government to support private sector businesses through their SACCOs.

If each ULS member made a one-off contribution equivalent to 30% of subscription fees (Shs 150,000) willingly towards the SACCO, seed capital in the region of Shs 437 million would be instantly realised. This could be used to extend business recovery credit at affordable interest rates to some of our paid-up members who cannot access credit elsewhere.

Details on how the SACCO will operate can be worked out later through transparent consultations.

Thirdly, quack lawyers must be dealt with decisively and ULS must ensure that strategic functions and duties in legislation are reserved for advocates. For example, why are Labour Officers not required to be advocates? How did we get here? We need to actively review and monitor legislation to ensure that lawyers are not legislated out of their jobs.

Fourthly, ULS must become a hi-tech centre of excellence because technological disruptions are here to stay. The earlier we embrace them, the better. However, we must also jealously safeguard the finest traditions of our legal system.

We should closely work with the Judiciary and other Justice Law and Order Sector (JLOS) partners to resume court hearings and other core legal services as soon as possible.

Fifthly, emergency powers should not be invoked as an excuse to curtail the performance of the essential duties that lawyers owe the people of Uganda.

Whenever court matters are cause-listed or people's rights are violated during the pandemic, advocates should not have to first solicit and obtain a movement permit from the Resident District Commissioner before undertaking their instructions.

Finally, this is the time for advocates of all shades of opinion to unite for the greater good.

The writer is a candidate for ULS president