Gentlemen and Esquires
Attending a meeting of a regional branch of the Nigerian Bar Association for the first time recently, a ‘neophyte’ of some sort could not help being amused by some incidences and turns of events.
Despite being familiar with the old saw ‘there are no ladies/women at the bar’ it was still amusing and a bit jarring to hear a number of female lawyers introduce themselves in the manner “Halima Sandra Esquire” (this being a made-up name used only for exemplification). The cognitive dissonance of the hapless observer was not exactly helped by the Chairman and other speakers (on the podium as well as on the floor) referring to an audience that consisted of about 40% women only as ‘gentlemen’.
Despite familiarity with the ‘no ladies at the bar’ saying and its usage in Nigerian lawyer circles, the manner of usage on this particular occasion raised the question whether the users of ‘gentlemen’ for the mixed audience ever considered the potential, at least, for sexism implicit or associated with such usage. Indeed, it is possible that it is seen as an expression of equality making the female equal to the male —- but then why isn’t everyone addressed as ‘ladies’ then? In that case, we would of course probably have to come up with a new saying, ‘there are no men’ at the bar. Or we could choose a more appropriate manner of achieving gender neutrality – if that really was our aim: “There is no longer … male and female ….” (Galatians 3:28)
The experience at the NBA regional branch meeting led to wondering whether those who are still wont to repeat the ‘no ladies at the bar’ mantra realise its historical association with discrimination and sexism. As summarised in a relatively recent piece, the ‘common slogan arouse (sic) from the age long discrimination against women in legal practice’. Another piece traces the origins back to a 14th century book which made the claim and was quoted approvingly by even someone as eminent and illustrious as Sir Edward Coke in the 16th century. Of course, even more egregious is the decision in Bebb v The Law Society (1914) 1CH 286 where the Court of Appeal affirmed Joyce J (not giving much joy for one whose name might have been apt) ruling that women could not be solicitors because they did not fall within the meaning of ‘a person’ in the Solicitors Act 1843 and they could not carry out public functions, noting that this must remain so ‘unless and until’ the Parliament changed the law.* Mercifully, Parliament eventually obliged with the passing of the Sex Disqualification (Removal) Act 1919 which allowed women to become lawyers.
It is delicate and a bit more difficult to criticise the use of ‘Esquire’ for and by female lawyers. It is delicate because it is used by female lawyers for themselves. Usage is of course the nemesis of language sticklers and pettifoggers (hands up someone?) … it is difficult to challenge as wrong something which everyone does or uses. It is a bit more difficult because it also done in at least one other jurisdiction, to wit the USA, but even more importantly because it seems to carry the sanction of the Nigerian Supreme Court.
In a well-intended intervention, the then Chief Justice of Nigeria, Justice Walter Onnoghen, is reported to have stated in open court in 2017 that female barristers should not be compelled in court to indicate their marital status when announcing their appearance in proceedings. His Lordship not only advised them to resist this, he advised further that they should avoid using the titles Miss/Mrs/Ms. So far so good!
The trickier aspect of Onnoghen CJ’s intervention is that His Lordship also advised that the form to be used for entering appearance should be ‘Esquire’. The trouble with this is that according to received etiquette, the title ‘Esquire’ is really only used in written forms of address and not in verbal address. And even more, outside the American and Nigerian lawyer use, the honorific ‘Esquire’ is largely a masculine notation which in modern times effectively equates and replaces ‘Mr’, being used as a suffix, i.e., at the end of a name rather than before. The etymological and historical origins of the word and its usage and association in heraldry are also clearly of masculine denotation. It is quite safe to say that if a female addresses herself or is addressed with the title ‘Esquire’ in the United Kingdom today, a few eyebrows would be raised. Indeed, while Nigerian female judges would still be addressed as “my Lord” or “Lord Justice”, female judges in England have long used and been addressed with feminine titles, and indeed the immediately preceding President of the United Kingdom’s Supreme Court is the eminent and much respected ‘Lady Hale’.
Nigerian law circles as well as the wider Nigerian society are actually very ripe grounds for pickings to ‘befuddle’ English language ‘sticklers’. To ape the epistle writer, time may not permit to speak of the use of expressions like “my Lord Sir”, “severally”, “the needful” or the most ghastly “palliatives” brought about by Covid-19 and lock-down.
*Addendum: contrast the Privy Council’s decision on the eligibility of women for the Canadian senate in Edwards v Attorney-General of Canada & Ors [1930] AC 124, 1929 UKPC 86, a case which later became referred to as ‘ the living tree doctrine’ (of Constitutional interpretation) case.