Nigerian Law Firms And Foreign Names: Matters Arising By Prof Mike Ozekhome SAN

Juliet, soliloquizing in one of the most romantic scenes (“The Balcony Scene”) in Shakespeare’s epic, “Romeo and Juliet” (Act 2 Scene 2), said, “What’s in a name? That which we call a rose by any other name would smell as sweet.”. Juliet was telling Romeo that a name is just a name; with no meaning behind it. What matters is what something is; not what it is called. To Juliet, Romeo would still remain the handsome young man, even if he had a different name.

Certain questions criss-cross my mind as I attempt to critically analyze the above quote in the light of some Nigerian law firms and legal practitioners adopting Western/foreign/white-sounding names in preference over their Nigerian names.

Why ‘Mungo Park & Clapperton’, instead of ‘Aluko & Oyebode’; ‘Banwo & Ighodalo’; or ‘Ozekhome & Femi?’ Why ‘McCullough & Clyde’; and not ‘Sobowale & Okonkwo’, when the firm is neither owned by, nor affiliated with the former? Why ‘Westborough Partners’; and not ‘Mustapha & Oche’, when none of the partners bear ‘Westborough’? Why ‘Greenfields, Everest & Associates’; ‘Westbrook, Blackberg & Co’; ‘Bracebridge Attorneys’; ‘Bladerstone & Cottingham’; ‘Stone & Cozens LLP’; ‘Woodpecker & Bird Solicitors’; when none of the partners bear such foreign names? Why not simply ‘The Prestige Chambers’; or ‘God is Marvellous LLP’? Why must it be names given to natural persons of Western origin, usually English?

The Oxford Dictionary defines a name as “a word or set of words by which a person or thing is known, addressed, or referred to”. Wikipedia defines a name as “a term used for identification by an external observer. They can identify a class or category of things, or a single thing, either uniquely, or within a given context. The entity identified by a name is called its referent. A personal name identifies, not necessarily uniquely, a specific individual human.”

Just google some names of Nigerian law firms bearing foreign names, and you will appreciate my great concerns. Does this mindset suggest a bias against Nigerian names? Cultural cringe? An internalized, but undisclosed inferiority complex, leading to the dismissal of one’s culture as inferior? Is it a belief that Western/foreign names are more polished and easily roll off the tongue? Is it an identity management/destigmatization strategy for foreign businesses with foreign content? Is it believed that the use of such names gives one a particular status? Or is it just a matter of fashion, vogue, fad, fancy, or trend? I do not know. Or, do you?

It is conceded – that name choice is purely within the discretion of founders/partners of a law firm and as permitted by Nigerian laws. But, should native identities, for the sake of profit or fashion, be lost to foreign influence? Names are markers of identity and denote one’s community membership. My concern arises from the fact that, rather than indigenous names, none of these adopted Western/foreign names is associated with the names of any persons within such firms.

I must not be misunderstood to argue that law firms in Nigeria cannot bear names that are by patent, invented; or abstract, or religious names. Nor do I mean that Nigerians who bear European/foreign names as their indigenous names cannot establish law firms using such foreign names. I also must not be understood to posit that a firm cannot coin a name from the names of its Head or Partners; e.g., MOC, coined from Mike Ozekhome’s Chambers. My concern rather, is when individuals who neither bear such names, nor are in partnership with foreign bearers of such names; nor affiliated to or constitute subsidiaries of the foreign law firms bearing such foreign names, decide, for whatever reason, to take on western or white-sounding names belonging to natural persons, in establishing their law firms.

The reason for these may oftentimes be attributed to fashionability; ease of recognition, spelling, and pronunciation; for international business transactions conducted by these law firms; and perhaps to emphasize the founder’s or partners’ foreign qualifications. I respectfully submit that it is most demeaning to elevate foreign names over native identities. It is equally insulting to posit that ‘Saoirse Whitsborough & Partners’, or ‘Livingstone & Churchill Solicitors’, are better easily pronounced than ‘Gani Fawehinmi’s Chambers’; or ‘Chief Rotimi Williams Chambers’; or Wole Olanipekun & Co; or Mike Ozekhome’s Chambers; or ‘Olisa Agbakoba LLP’; or ‘ Uzoamaka Okeke & Co’; or Aluko & Oyebode; or Udo Udoma & Bello Osagie; or Banwo & Ighodalo; or Olaniwu Ajayi LP. To me, it amounts to sheer cultural cringe to hold that Nigerian names are less fashionable than Western/foreign names.

Conversely, ‘Juggernaut Chambers’; ‘Divine Mercy Law Firm’; ‘Salam LLP’; and ‘Shalom Chambers’, are examples of appealing abstracts; coined or invented names; and religious names, couched in English and other foreign languages. Founders or partners may settle for such where they prefer not to use their indigenous given, middle, or surnames. Names such as ‘Rosenblerg LLP’, ‘Witheresburg & Co’, or ‘Bottomleg & Neck Partners’, have unfortunately become the vogue. I experienced this aberration firsthand.

A foreigner wanted to do business in Nigeria. I easily recommended a friend of mine who is an expert in that field of law where I am not. I told him so clearly. His google search revealed my friend’s name, quite alright, but not his law firm. He raised concerns, as he wanted to deal directly with a law firm and not an individual. It was then I got across to my Nigerian bosom friend, who disclosed to me, to my utter amazement, his law firm’s foreign name. I asked him why. He simply said, “oh boy, leave matter”. Really?

My concern is that this practice is not, by the same token, embraced by Western/foreign legal practitioners and law firms, whether practising law in Nigeria, or other African countries. Never has it been heard of that Western/foreign Legal practitioners or law firms, for example, ‘Rodriguez Salamasor’ and ‘John Hawthorne’, that for the purpose of doing business, ease of recognition and easier pronunciation of names, or for any other reason howsoever, established a law firm with a wholly indigenous Nigerian or African name, say, ‘Agbedor, Adekunle & Obiora LLP’; a law firm which neither has an affiliation with an Agbedor, Adekunle or an Obiora; nor has a partner with such names. They do not and will never ever adopt Nigerian or African names in establishing their law firms. Why then must we continue on this degrading path? I do not know. Or, do you?

I dare say that use of foreign names does not constitute any stronger factor in revenue generation than the solid reputation of the driving minds and brains behind such law firms. Many of the biggest law firms in Nigeria bear wholly indigenous names. Firms that earn the highest revenues and income across the world do not borrow African or Nigerian names; yet they thrive.

According to the ‘2021 Am Law 100 Report’, the largest law firms in the world are found in the US. They collectively earned $111 billion in total revenue in 2020. Also, in Wikipedia’s compilation of the world’s largest law firms by revenue, referencing ‘The American Lawyer’ in its article titled, “The 2020 Global 200: Ranked by Revenue”, the following US law firms were listed as top generators of annual revenue in the global legal market:

1. Kirkland & Ellis with $4,154,600,000 in revenue; 2,589 lawyers (at the exchange rate of N735 per dollar, that amounts to N3.053 billion Pa).
2. Latham & Watkins with $3,767,623,000 in revenue; 2,720 lawyers.
3. DLA Piper with $3,112,130,000 in revenue; 3,894 Lawyers.
4. Dentons with $2,920,000,000 in revenue; 10,977 Lawyers.
5. Baker McKenzie with $2,899,600,000 in revenue; 4,809 lawyers.
6. Skadden, Arps, Slate, Meagher & Flom with $2,632,615,000 in revenue; 1,694 lawyers.
7. Sidley Austin with $2,337,803,000 in revenue; 1,922 Lawyers.
8. Morgan, Lewis & Bockius with $2,265,000,000 in revenue; 2,063 lawyers.
9. Hogan Lovells with $2,246,050,000 in revenue; 2,642 lawyers.
10. White & Case with $2,184,850,000 in revenue; 2,200 lawyers.
11. Jones Day with $2,077,000,000 in revenue; 2,514 lawyers.
12. Norton Rose Fulbright with $1,904,019,000 in revenue; 3,266 lawyers.
13. Ropes & Gray with $1,903,616,000 in revenue; 1,247 lawyers.
14. Greenberg Traurig with $1,641,790,000 in revenue; 2,070 lawyers.
15. Simpson Thacher & Bartlett with $1,618,633,000 in revenue; 996 lawyers.

In the UK, some top law firms are:

1. Clifford Chance with $2,500,000,000 in revenue; 2,489 lawyers.
2. Allen & Overy with $2,160,729,000 in revenue; 2,447 lawyers.
3. Linklaters with $2,093,569,000 in revenue; 2,393 lawyers.
4. Freshfields Bruckhaus Deringer with $1,942,013,000 in revenue; 1,812 lawyers.

In Canada an article by Statista Research Department shows that the Canadian law firm of Toronto-based ‘Borden Ladner Gervais’, though not a global mammoth, is one of the top generators of revenue in the global legal market, competing with United States law firms. Not a single African or Nigerian name ever featuresin these. Indeed, no Nigerian law firm can boast of 250 lawyers, a minuscule for small-time law firms in the USA, UK, and other Western countries.

None of the above-listed law firms has taken on African or Nigerian names (whether for the ease of conducting foreign transactions; indicating a wide geographical spread of its offices; or for any of the reasons usually given by Nigerian Firms for the preference of western/foreign names). Yet they thrive. Do they not?

Although revenue, as shown earlier, is undoubtedly key to the sustainability and success of any business and constitutes an important tool for law firm owners/ partners to track growth and improve profitability, the name chosen by a law firm does not necessarily affect the ability of a law firm to generate income.

A person is his own name. I humbly submit that the choice of using Western/foreign names, or white/foreign-sounding names in setting up law firms, oftentimes indicates the pitiable perception of one’s name through the blurred lenses of prejudice, inferiority complex, cultural cringe, colonial and neo-colonial mentality.

It is said that “the worst form of colonialism is the colonialism of the mind”. This choice of foreign names is absolutely unnecessary. A colonialism of the mind reflects in another man’s name being preferred to one’s name. We should never again opt for western or foreign names of natural persons. We should instead, be proud of using the original names of partners. It could also be indigenous, abstract, invented, coined, or religious names; but certainly not foreign or English names.

What is in a name? “Though that which we call a rose by any other name would still smell as sweet”, I respectfully submit that naming one’s law firm by the given foreign name of a natural person of western/ foreign descent with whom one shares no tie or affinity whatsoever, would not smell any sweeter than one’s indigenous name; an abstract; or patented name. What is of utmost importance is the value brought to bear on one’s law practice. It is about the content and not the form; the substance and not the shadow.