Prof Ethics 2008 - INTRODUCTION Read Article The Law as a...

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1 INTRODUCTION Read Article „The Law as a Profession Anthony K Roman Lawyers- Challenges in the 21 st Century S.36 and 37 of the Advocates Act. L.N 159 of 2006. Read Professor Oloko s Article „Lawyers as Plumbers and Percales Rules 17-29 Rules of Ethics and Etiquette. Quality of Legal Services. Cross Border Practice-develop regional codes of conduct. How far can technology enhance a lawyer s work Legal Profession as a commercial venture-How do we renew legal learning from time to time? Employment Act and Workmen Compensation Act. Transformed Labor. These are ideas that are worth emulating. S. 15 Advocates Act. Redefining Cap 22. Lawyer s personal integrity and high discipline where money is concerned. S.81, the CJ makes rules. Advocates Accounts Rules. Advocates CLE rules (continues legal education rules). Rules for professionals. Advocates fund to help compensate client. S.60 Advocates Act. CLE RULES A minimum of 5 units-s.31 Advocates Act 1 st Jan to 31 st Dec. Another challenge is beginning litigation in Tribunals
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2 Need to have a case management system-Another challenge.
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Under CLE you can gain points through pro-bono but you must write to the LSK b4 you do it. Pro Bono work is not done outside Nairobi, vide Legal Notice…. Representing people who have no fees- Another challenge See Groom v Crocker-Public Service. The role of the lawyer. What is etiquette when you don t have a lawyer to represent? Up to what point is ethics applied? Professional Indemnity-From which money is paid to a c lient if an advocate can t. S. 27 LSK Act-procedures in meetings Undercutting s.36 Advocates Act. In-House counsel-Another challenge-the rules are yet to be accepted. S.24 and 25 Advocates Act-whenever u draw a document-u must indicate by whom. LAW AS A PROFESSION New Lesson What distinguishes professionals today? There is a members List of professionals, for example, the Roll of Advocates They possess Special Skills Professionals are regulated by a Code of Conduct Discipline- Professionals have a disciplinary process that is self- governed. Professionals are licensed. Is the legal profession a business? Should it be a business? What rules inform it as a business? Answer: Law is a business. It is however not wholly a business since there are certain elements that are not driven primarily by profit. There are certain features of law practice that make it a profession as distinct from a business or trade.
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The practice of law has four characteristic features that make it a profession:
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The first characteristic is that law is a public calling which entails a duty to serve the good of the community as a whole, and not just one s own good or that of one s clients. Anthony Kronman: “In the second chapter of the Wealth of Nations, Adam Smith makes the fam ous observation that „it is not from the benevolence of the butcher , the brewer, or the baker, that we expect our dinner, but from their regard to their own interest. Smith goes on to explain how each of these,
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  • Summer '15
  • LINCOLNOONGE
  • Law, Lawyer, legal profession

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