Ambulance chasing: Exploring the concept of charge and bail in Nigeria

ADEOLA OJO in this piece explores a common issue in Nigerian legal system; the concept of charge and bail and why despite the fact that their line of operations is against the ethics of the legal profession, they play an important role in legal jurisprudence.

LEGAL service in Nigeria has diverse arms and in this diversity, few areas of practice are misunderstood. Indeed, some areas are stigmatised, though some have said this stigmatisation is unfair; one of such misunderstood areas is the area of charge and bail practice. Often associated with young lawyers around police stations or magistrate courts, the term “charge and bail lawyer” has become a kind of general name for a certain perception of desperation and informality in the practice of some legal practitioners

“Charge and bail” lawyers, particularly in the context of Nigeria, are lawyers who specialize in securing bail for individuals facing criminal charges, often in lower courts. They may or may not intend to fully represent the accused throughout the entire trial process. However, while the practice is viewed negatively even by the Nigeria Bar Association (NBA) and termed as “ambulance chasing,”

There have been arguments and counter arguments on the relevance of the practice to the legal profession; while some view it as a legitimate area of criminal law practice, others criticize it for being unethical and damaging to the legal profession’s image. The practice is sometimes criticized on the ground that lawyers in this practice are more interested in quick fees than long-term representation. It can also be a necessary service for individuals needing immediate legal assistance to secure their release from custody.

Some argue that it is a legitimate area of criminal law practice, requiring specific skills and knowledge.

According to a legal practitioner, Grace Egbebi, “people have a biased perception that charge and bail lawyers are those that trek to the court and do not dress well though I agree that they run after clients around magistrates court, what they do is important in legal practice because bail is part of lawyer’s assignment by law  but the way they solicit for work like regular court touts is wrong and against the ethics of the profession, that is why they are called ambulance chasers.

“By the rules of legal profession, they are not to do this because advertising is not allowed. So soliciting legal services is beneath the expectations for a noble profession like law.  But we should know that they are not fake lawyers; they are lawyers called to the bar but are working in a manner that is not dignifying to their profession,” she added.

In Nigeria, some perceive charge and bail practice as a negative practice due to concerns about the quality of representation and the potential for exploitation.

However, it is important to acknowledge that this practice can also provide a valuable service to individuals who need immediate legal assistance to secure their release from custody. They can provide timely legal assistance to individuals who might otherwise be detained for extended periods while awaiting trial.  And in some cases, they may handle cases that larger law firms or more established lawyers might avoid due to the nature of the charges or the client’s financial situation.

What they do

The basic assignment of charge and bail lawyers is to secure bail. Such lawyers focus on getting their clients released on bail, which is a temporary release from custody pending trial.

Charge and bail lawyers primarily focus on securing the release of clients on bail, often in lower courts where criminal cases are initially processed. They are often involved in cases at police stations and magistrate courts, where immediate legal representation is needed.

Mode of operation for charge and bail

They are a starting point in legal procedure. In some cases, charge and bail lawyers can be the first point of contact for individuals who then choose to engage a different lawyer for the full trial.

Also, they prevent unlawful detention because they offer legal advice during arrest or interrogation and help clients navigate the criminal justice system quickly and effectively as required by law.

They may also not handle the full trial. Indeed, they often just secure bail so the client can have freedom to get a lawyer of their taste. Some charge and bail lawyers may not intend to represent the accused throughout the entire trial process and may opt out after securing bail.

Arguments against

The major complaint and criticisms are that charge and bail lawyers engage in “Ambulance chasing” because such lawyers are more interested in quick fees than long-term representation.

They also state that the activities of such lawyers devalue the profession by focusing on quick fixes rather than thorough legal work. They specifically think running after clients within courts to solicit for quick jobs is similar to the activities of touts and against the expected code for legal practitioners.

Critics argue that “charge and bail” lawyers engage in unethical practices by actively soliciting clients at police stations or courts, sometimes leading to conflicts with other lawyers and are overly aggressive in representation: they often prioritize securing bail over thorough legal preparation, potentially harming the client’s long-term interests.

Sometimes, they disrupt court proceedings by fighting over clients in court and consequently undermine the dignity of the legal profession.

It is argued that many of these lawyers may exploit vulnerable individuals who are desperate for legal assistance.

Any advantage?

There have been identified benefits associated with the practice of charge and bail. One of such is accessibility to justice; charge and bail lawyers can make legal representation more accessible to those who need it immediately, particularly in lower courts.

They offer a specialized service focused on securing bail, which can be crucial for individuals facing lengthy pre-trial detention

Stereotypes vs. Reality

There’s a major stereotype that charge and bail lawyers hang around court gates or police stations looking for clients and offer legal services at very low fees while they are often lacking in professionalism or court experience.

While these images exist, they are far from the whole truth. Many charge and bail lawyers are qualified, diligent, and committed professionals who often act as the first line of defense for those whose rights are at risk.

Speaking on why there are so many young lawyers engaging in charge and bail, Barrister Foluso Olapo stated that many of them are forced into the kind of practice because like many professionals, charge and bail lawyers contend with challenges of poor remuneration and client undervaluation, stigma within the legal profession, exposure to ethical risks and unsafe working environments and lack of mentorship and formal recognition.

Role of professionalism

In the legal profession, like all specialised fields of practice, professionalism is non-negotiable. A good charge and bail lawyer is consequently expected to respect the legal process and client confidentiality, dress and conduct themselves appropriately in and out of court, refuse to compromise on ethics, seek mentorship and continuous legal education and treat every client with seriousness and compassion.

Rather than looking at the charge and bail lawyers through a dismissive lens, it is crucial to identify their essential role in ensuring access to justice for all. In many cases, they help individuals who cannot afford top-tier law firms or who require urgent legal intervention to avoid prolonged detention.

NBA’s concern

The Nigerian Bar Association (NBA) has, over time, condemned “charge and bail” practices as unethical and damaging to the profession, demanding lawyers to uphold professional conduct and report any breaches of the rules.

The body emphasized the importance of maintaining the dignity and integrity of the legal profession.  However, while “charge and bail” lawyers play a role in the legal system by providing bail services, their practices are often controversial and subject to criticism due to potential ethical violations and negative impacts on the legal profession’s image.

Some have however called on people to look beyond the stereotype and misconceptions about charge and bail lawyers. It is said that with proper regulation, support, and mentorship, the charge and bail practice can evolve into a respected niche within Nigeria’s legal system.

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