ADVANCED CORPORATE LEGAL SERVICES & LAW DEPARTMENT MANAGEMENT

TOPICS OUTLINE
I

NATURE & SCOPE OF GOVERNMENT LEGAL SERVICE

Basic Structure of the Ministry and Parastatal

Why the Government needs its own body of lawyers

Key Legal Services required by the Government, viz.: Prosecution,

Defending Governments Civil Suits, Institution of Action on behalf of
Government. International and Comparative Law Service, Research and
Planning, Solicitors Services, Drafting, Offering Legal Advice

Serving as In-house Legal Adviser to other Ministries and Parastatals.

Relationship with Home Ministry

Statutes affecting Law Officers

II

DUTIES AND RESPONSIBILITIES OF LAW OFFICERS AND HOW TO ACQUIRE THE

REQUISITE SKILLS

The Government as the Law Officers Client, basic client/attorneyrelationship

Peculiar needs of the Government as a client and the expected relationship

between Government and the Law Officer

Understanding the Governments jurisdiction/competence, the Constitution,

the Legislative lists

Skills needed to become a proficient Law Officer

How to acquire the skills

III

THE NATURE OF LEGAL WRITING IN GOVERNMENT SERVICE:

Letter Writing

IV

Aims of and Preparation for Letter Writing

Form, Style and Layout Conventions
Tone, Politeness and Respect in Letter Writing
Letters to Clients and Third Parties
Without Prejudice Letters
Letters Subject to Contract
Calderbank Letters
Minutes, Note Taking, Memoranda and Report Writing

Internal Notes

Internal Memoranda

External Memoranda (Brief Writing)

Reports

THE ART OF RENDERING LEGAL ADVICE AND OPINION WRITING

Understanding the instruction and what is required

Conducting Research for the Legal Opinion

Comparative Legal Analysis

Application of the Law

The Structure of the Legal Opinion

Offering Legal Advice

Making the Opinion fit existing Framework

Practical Exercises on Writing of Legal Opinion

ATTENDING MEETINGS AND NEGOTIATINGS FOR AND ON BEHALF OF

GOVERNMENT

Composition of Teams

Obtaining Governments Instruction and General Mandate

Preparation for Meetings and Negotiations

Concepts, Skills, Dynamics and Strategies of Negotiation

Drafting what was Agreed

VI

DRAFTING OF COMMERCIAL AGREEMENTS IN GOVERNMENT SERVICE

Types of Agreements Commonly Entered into by Governments

Form, Layout and General Contract Terms

Choice of Law, Venue and Jurisdiction

Contract Clauses with Financial Implications

Clauses Concerning Performance and Liability

Force Majeure and Hardship Clauses

Termination, Provisions for Termination and Re- negotiation

Arbitration and Settlement of Disputes

Checklist for Drafting Commercial Agreements

VII

CONTRACT VETTING IN GOVERNMENT SERVICE

Preparations and Necessary Skills for Effectiveness in Vetting Contracts on

behalf of Governments

Coping with Internal and External Pressures

The Importance of Heads of Terms/Agreed Terms

The Interrelationships between Negotiation and Vetting of Contracts

Principles of Vetting of Agreements Negotiated by Others

Checklist of Things to Look Out for When Vetting Agreements

VIII

THE CIVIL SERVICE STRUCTURE, AND THE LAW OFFICERS ROLE IN DECISION
MAKING PROCESS AND FORMULATION OF GOVERNMENT POLICY

Basic Features of the Civil Service as the Executive Arm of Government

Assignment of Ministerial Responsibilities

How Ministries initiate Proposals and how these later transform into
Government Policy

Preparing Federal Executive Council Memos, White papers, Sectoral Policies

The Law Officers role in the Formulation of Government Policy

How to Distil Relevant Laws and Policies and ensuring Legal and Structural
Co-ordination

IX

THE ROLE OF THE LAW OFFICER IN LAW-MAKING, APPLICATION OF LAW AND

LEGAL DRAFTING

Constitutional Allocation of Legislative Powers in a Federation

Basic Features of the Legislative Arm of Government

Understanding Legislative Jurisdiction

Initiating Proposals for Legislative amendments

Obtaining, Collating and Using Drafting Instructions from Other

Ministries/Parastatals etc.

Distilling Legislative Intention and Applying the Relevant Laws

Resolving Inter- ministerial Conflicts with Respect to Legislative &

Executive Responsibilities

Constitutional, Legal & Practical Considerations in the Drafting of Laws,

Regulations, Bye Laws, etc.
Legislative Drafting: Some Basic concepts & Procedures.

THE OFFICE AND FUNCTIONS OF THE ATTORNEY-GENERAL AS CHIEF LEGAL

ADVISER TO THE GOVERNMENT

The Origin of the Office of the Attorney General

The Attorney-General as Minister/Commissioner of Justice

Functions and Powers

Power to Initiate, Take-over or Discontinue Criminal Prosecutions

Institution & Defence of Actions for or Against the Government

Advising the Government and its Agencies

Co-ordinating Role in Relations with other Arms of Government i.e. the

Legislature and the Judiciary

Constitutional & other Statutory Responsibilities as Chief Law Officer

Relationship with the Bar, the Public

Balancing the Roles of the Office with the Politics of Government

Managing the Corporate Legal Department

Ethics & Professional Responsibilities of in-house Corporate Lawyer
Communication and Interpersonal Skills
Dispute Resolution and Litigation Management
Rendering Legal Advice and Opinion Writing