Lesson 1 2017 - LESSON ONE 1.1 Introduction Once admitted...

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LESSON ONE 1.1 Introduction. Once admitted to the Bar, an advocate in Kenya has various options to which he can apply the legal knowledge and skills acquired in training. As such, not all advocates will enter legal practice as private practitioners, some may practice law as salaried employees of an institution that provides legal services, as state prosecutors, a state counsel, as an advocate employed by a corporate entity, as a lecturer or, some may become company secretaries, legal officers of particular organs of state etc. 1 This class focuses on legal management in theory and practice and as guided by the laws in Kenya. It seeks to analyze legal management and how best it can be used to meet the goals and objectives in any law practice. 1.2 Definition of Legal Management There is no definite definition of legal management. However, for the task herein, we will adopt a conceptual definition of the term. The word legal, means of, relating or falling within the province of law or established by law. 2 On the other hand, management entails the aggregate of activities that would be required to be done in order to open and to operate successful legal practice. As such legal management in this sense is seen as a means to an end, the end being; to produce the desired results in law practice and eventually to legally operate successful law practice. Of specific concern is management of the legal practice by private practitioners. Further, a comparative study will be conducted with respect to those practicing as state attorneys and their management system. 1 See sections 9,10,11,12 and 13, Advocates Act CAP, 16 of the Laws of Kenya; See also De Klerk et al Clinical Law in South Africa, 2 nd Ed Lexis Nexis, 2006 South Africa. 2 Black Law Dictionary, Eight Edition.2 nd Edition 2
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1.3 History of legal management The legal profession has its roots in Rome and Greece. In Rome, there were the juriconsult who acted as legal advisors of the Roman people and the patronus causurum ( patron) who appeared in courts to defend the cause of their client. The patron in providing legal services did not, at the beginning, receive any pay for their services since the same was considered inappropriate and an abomination. 3 At this particular time practitioners did not practice in organized offices nor was there any law that imposed obligations upon them. This system later graduated into the English system of Barristers and Solicitors and then consequently the more organized system of law firms. 4 Historically, law firms didn’t invest significant time and energy on strategic plans. They devoted less effort to strategic planning. They paid lip service to planning rituals, and tended to be more reactive than proactive in the way they conducted their business.
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  • Summer '17
  • Law, Lawyer, Advocate, law firm

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