Description

Professional ethics and practice

QUESTION ONE

“The development of law as a profession has coincided most conspicuoustv with the increase in its regulation. Alas, the advocate has constantly kept one step ahead of regulations. ” (Anon)

Discuss the above statement in light of the development of Kenya’s regulatory framework for the legal profession and the advocate. (20 marks)

QUESTION TWO

Lakika has been employed at a non-legal company as a legal officer. In the course of employment Lakika registered a law firm and intended t:o resign and engage in private practice.

Lakika and his former employer negotiate an arrangement whereby Lakika continues to act as their legal officer. In addition, Lakika is at liberty to take instructions from other clients and employ advocates to work at the firm which is situated within the same office of the nonAegaI company.

Discuss the extent of responsibility of Lakika in relation to  provisions:

• As an employee of a non-legal company and the extent of engagement and remuneration.

(3 marks)

• Entitlement of Lakika with regard to provision of legal services and fees paid to the employer. (3 marks)

Clearly distinguish the responsibility of Lakika if allowed to accept instructions from other clients when in employment and when sharing accommodation with a nonalegal entity.     (4 marks)