If the law is against you,argue the facts.If facts are against you ,argue the law.If the facts and the law are against you,argue procedure.If procedure,law and facts are against you settle.If you can't settle,go to the kitchen because you are about to be cooked.
Thinking Beyond Precedent: A Message to Young Lawyers by Tunde Ahmed Adejumo.
One thing I often see young lawyers do, and something I really do not like is when they refuse to argue a point simply because they cannot find a decided case to support it.
I understand the fear and hesitation, because I was once like that. I remember in my early years of practice, if I did not see a case directly backing my position, I would abandon the argument. But I was fortunate to grow under some truly great seniors during my time at Afe Babalola & Co, especially my ogas, Mr. Kehinde Ogunwumiju S.A.N., OFR, Mr. Ademola Abimbola S.A.N and Dr. Bamikole Aduloju. By understudying them, watching how they reasoned, how they approached legal problems, and how they were never afraid to think beyond what was already decided, I quickly outgrew that habit.
The truth is simple: refusing to argue a point because there is no case law on the point does not only limit your growth as a lawyer, it also limits the growth of the law itself.
Every principle in our case law today started as someone's idea. Before it became a precedent, a Judge had to think about it for the first time. Before the Judge thought about it, a lawyer had to raise it for the first time. Other Judges then adopted the reasoning over time until it became a precedent which we all cite today. That is how legal principles are born.
If we only argue what has been decided before, the law will never grow. It will remain stuck, unable to address new problems or changing realities. The Courts depend on lawyers to show them new angles, fresh reasoning, and thoughtful questions.
Sometimes the argument you raise today becomes the authority someone else will rely on tomorrow. Sometimes the Court will resist your argument at first because it is new or unfamiliar. But by making that argument, you may have planted a seed in the mind of the Court, an idea that may grow over time. In a later case, the Court might shift closer to your position without even realising that it began with the point you once raised. And even if the Court does not accept your argument at all, that is perfectly fine. What matters is that the idea was put forward. Each new idea helps the law grow, and someone has to be bold enough to say it first.
Young lawyers must understand that the absence of a decided case does not make an argument weak. Judges respect clear, honest reasoning. They appreciate when a lawyer thinks deeply and presents a fresh idea.
Please note that this is not an excuse for careless arguments. It is a call for courage.
Research well, think for yourself, and do not be afraid to push the boundaries a little. The law will not grow if lawyers stay quiet. It grows when lawyers ask bold questions and offer new solutions.
I was lucky to learn this early because of the seniors I trained under. Their confidence, calm reasoning, and willingness to explore new legal ideas shaped me. I hope young lawyers will also allow themselves to grow, by thinking, arguing, and not being afraid to bring something new to the table.