How to Appoint a Lawyer to Represent You from Abroad: A Practical Guide
Introduction
Appointing a Nigerian lawyer while you live in the UK, US, Canada, the EU, the Middle East, or elsewhere is not a favour—it is a governance decision. Get it right and your interests are defended with precision: documents are verified, payments are protected in escrow, filings move, and you receive a bank-grade completion pack. Get it wrong and you inherit the three classic diaspora problems—silence, surprises, and sunk costs.
This practical guide gives you a counsel-grade, step-by-step playbook to retain, instruct, and control a Nigerian lawyer from abroad—safely. You will learn how to vet counsel, structure an engagement letter, set SLAs for reporting, sign a Power of Attorney correctly (with consular/notary formalities), fund matters via compliant channels, and close your case with receipts, certified copies, and originals secure.
Doctrine: Don’t “appoint a lawyer.” Instruct a system—scope, authority, escrow, deadlines, and documentary proof.
Part 1 — Due Diligence: Choose the Right Counsel (Before Any Paperwork)
1.1 Minimum vetting checklist
Identity & Standing: Full name, call to bar number, firm name, physical office, website, and professional bios.
Regulatory posture: Confirm active bar membership and no current disciplinary sanctions (ask for a written representation).
Core competence: Recent matters similar to yours (property, consent, registration, litigation, corporate, immigration).
Capacity & team: Who will actually do the work? Meet the matter lead and the day-to-day associate.
References: Two client referees you can call (recent, not historic).
Insurance: Professional indemnity cover (ask for the schedule page).
1.2 Signals of a serious practice
Written matter plans, checklists, and templated deliverables.
Comfort with escrow, virtual commissioning, and secure data rooms.
Willingness to be measured by SLAs (response times, reporting cadence).
Part 2 — Define the Job: Scope, Outcomes, and Deliverables
2.1 Scope statement (write it down)
Objective: e.g., “Acquire Plot X in Lagos; perfect title to bank standard.”
Tasks: searches, OSG charting, contract drafting, escrow setup, stamp duties, Governor’s Consent, registration, delivery of CTCs and originals.
Exclusions: tax advice, construction approvals, litigation (unless added).
Timeline drivers: stamping window, consent cycles, registry queues, your own signature logistics.
2.2 Deliverables (make them auditable)
Receipts & endorsements (stamping, consent, registration).
Registration particulars (folio/e-folio), CTCs of root and chain.
Digital binder (PDFs, scans, emails) + Inventory of originals.
Part 3 — The Engagement Letter (Your Contract with Counsel)
3.1 What it must contain
Parties & capacity (individual or through your SPV).
Scope & milestones (see Part 2).
Fees (fixed, capped, phase-based, or blended hourly) and expense policy.
Trust/escrow arrangements for client funds and release triggers.
KYC/AML requirements (IDs, address, source-of-funds note where relevant).
Confidentiality & data protection (UK/EU/Nigerian standards; secure portals).
Communication SLAs (response within X business hours; weekly status email).
Authority matrix (what your lawyer may sign/approve; what needs your prior consent).
Conflict management (no acting against you; immediate disclosure duties).
Termination & file handover (how both parties disengage cleanly).
Governing law/venue (for the retainer itself) and dispute resolution path.
3.2 Sample SLA clause (lift & tailor)
“Counsel shall acknowledge client emails within one (1) business day and provide weekly written status reports every Friday 5pm WAT, including tasks completed, next steps, blockers, and documents due.”
Part 4 — Authority: Power of Attorney (PoA) Done Properly
4.1 Why you need it
When you are abroad, a PoA authorizes your lawyer (or trusted agent) to sign documents, receive notices, lodge applications, and collect documents on your behalf for a defined matter.
4.2 Golden rules
Specific, not general: Limit the PoA to the property/case, list permitted acts, and set an expiry (e.g., 6–12 months).
Execution formalities: Sign before a notary public and/or at a Nigerian embassy/consulate. Where local law requires legalization, follow consular guidance.
Stamping/registration: If the PoA will be used to execute registrable instruments (e.g., a deed), stamp it and, where applicable, register it.
Revocation: Keep a short Deed of Revocation template ready; notify counterparties when you revoke.
4.3 Practical contents (checklist)
Your full name, passport, address; attorney’s full details.
Property/case description (attach survey plan where relevant).
Enumerated powers (sign contracts, collect documents, receive notices, liaise with agencies, etc.).
Prohibition on disposing of funds except via escrow and your written approval.
Duration and governing law.
Part 5 — Money: Paying and Protecting Funds from Overseas
5.1 Approved channels
Law-firm or bank escrow in Nigeria with written release conditions.
Transparent invoice + receipt process; no personal accounts.
FX transfers: comply with home-country reporting and Nigerian bank KYC.
5.2 Release triggers (hard rules)
Searches & OSG charting clean → release deposit (if any).
Executed deed + stamping → release stage 2.
Governor’s Consent + registration particulars → release balance.
Discharge of any charge reflected on register → release retention.
5.3 Anti-fraud hygiene
Verify account details by voice with your lawyer using a known number.
No change of bank details by email alone.
Dual-factor approvals for any payment above a threshold.
Part 6 — Documents Flow & Evidence Management
Single data room (surveys, searches, receipts, acknowledgements, correspondences).
File naming standard (YYYY-MM-DD – Step – Document – Version).
Quarterly export of your digital file + inventory of originals in firm custody.
Request CTCs once particulars issue; diarise annual Land Use Charge and insurance renewals.
Part 7 — Communication Cadence (Distance Without Silence)
Kick-off call: confirm scope, milestones, PoA path, and who signs what.
Weekly status: one page: done/doing/next/due dates/risks.
Escalation ladder: associate → partner → managing partner (with response deadlines).
Quarterly review: costs to date vs. budget; timeline health; risk register.
Part 8 — Compliance: KYC/AML, Data Protection, Conflicts
Provide passport, proof of address, and (if using an SPV) corporate documents.
Short source-of-funds note for significant transactions.
Mutual NDA if sensitive information is shared.
Counsel must confirm no conflicts and undertake ongoing conflict checks.
Part 9 — If Your Matter Is Property (Diaspora-specific Controls)
Survey & OSG charting before you sign anything.
Contract must include: escrow, Conditions Precedent, long-stop date, retention until Consent + registration.
Deliverables: stamping endorsements, Consent page, registration particulars, CTCs, and a completion binder.
Part 10 — If Your Matter Is Litigation or Corporate
Litigation: file strategy, pleadings calendar, cost budget, evidence plan, hearing updates, and post-judgment enforcement plan.
Corporate: term sheet translation into documents, regulatory filings calendar, board/SH approvals, statutory registers, and closing set.
Part 11 — Fees & Cost Control
Prefer phased fixed fees (DD → Contract → Perfection) with caps.
Clear out-of-pocket policy (searches, charting, CTCs, couriers).
Monthly cost report and no surprises rule for any variance beyond X%.
Part 12 — Ending Well: Handover, Originals, and Aftercare
Closing letter summarizing what was achieved and what remains.
Inventory of originals released to you or stored under a document custody letter.
Diary of renewals (Land Use Charge, ground rent, insurance, regulatory filings).
Secure digital vault copy of all files.
Red Flags (Walk Away or Restructure)
Counsel resists written engagement, escrow, or SLAs.
Requests for payment to personal accounts.
Vague answers on OSG charting, Consent, and Registration sequencing.
Refusal to share references or proof of insurance.
Silence on conflicts and KYC.
Quick Templates (Lift & Tailor)
A. One-Page Letter of Instruction (LOI)
Objective: Acquire Plot [ID] at [Location]; perfect title to bank standard.
Authority: As per attached PoA (limited to this transaction).
Deliverables: Searches, OSG charting report, executed deed, stamping endorsements, Governor’s Consent, registration particulars, CTCs, completion binder, inventory of originals.
Cadence: Weekly Friday update by 5pm WAT; escalation within 24h on critical queries.
Payments: Through escrow per milestones; no personal accounts.
Term/Exit: Either party may terminate on 7 days’ notice; all documents/receipts to be handed over on termination.
B. Power of Attorney (headline items)
Parties & addresses; matter description (attach survey).
Enumerated powers; no authority to release funds outside escrow.
Duration; governing law; notarization/consular acknowledgment as required.
C. Escrow Release Schedule (example)
Clean searches + OSG charting → 10% (deposit)
Executed deed + stamping → 30%
Governor’s Consent → 40%
Registration particulars + CTCs + discharge (if any) → 20%
Diaspora FAQ (Concise Counsel)
Q: Can I sign documents abroad?
A: Yes—use a PoA and/or sign with notary/consular formalities per the receiving authority’s rules.
Q: Can registration cure a missing Governor’s Consent?
A: No. Proper sequence is Stamp → Consent → Register.
Q: How do I ensure my lawyer updates me?
A: Put SLAs in the engagement letter (e.g., weekly status, 24h acknowledgements), with escalation steps.
Q: Who holds my money safely?
A: Use law-firm/bank escrow with written release triggers; never personal accounts.
Q: What if I want to change lawyers mid-matter?
A: Your engagement should include a termination & file handover clause. Ensure you receive all originals/receipts on exit.
One-Page Checklist (Print & Keep)
Vet lawyer: identity, bar standing, references, insurance
Define scope, milestones, deliverables, exclusions
Sign engagement letter with SLAs and escrow terms
Provide KYC (ID, address; SPV docs if any)
Execute PoA (specific, time-limited; notarized/consular as required)
Open escrow; agree written release triggers
Establish data room and reporting cadence
Track receipts, endorsements, particulars, CTCs
Inventory and secure originals; digital vault created
Close and diarise renewals/aftercare
Conclusion
Distance is not your risk—ambiguity is. Appointing counsel from abroad is safe when you impose structure: a tight engagement letter, limited PoA, escrowed funds, documentary deliverables, and a reporting rhythm that would satisfy a bank. Do this and you convert kilometres into clarity, control, and completion.
Call to Action
Need a Lagos counsel who can represent you end-to-end while you’re abroad—without surprises?
Retain Chaman Law Firm. We’ll set up escrow, run due diligence, prepare your PoA, manage stamping, Governor’s Consent, registration, and deliver a finance-grade completion pack—with weekly reports and secure digital access.
