Business/commercial law revision kit question and answer

Write explanatory notes on
(a) duties or obligations of an advocate

(b) law society of Kenya
ANSWER
• Duty to the court: as an officer of the court, an advocate is bound to assist the court in the administration of justice urging the facts and the law correctly.
• Duty of client: he owes his clients, a legal duty of care to represent them in the best manner possible. He is liable in damages for professional misconduct or negligence for failing to exercise reasonable care.

• Duty to the profession: as a member of a profession, an advocate is bound to maintain the highest possible standard of conduct and integrity observing the rules and ethics of the profession.
• Duty to society: as a member of society, an advocate is bound to participate in the social, political and economic development of the society.

• Establishment: The Law society of Kenya is established section 3 of the Law Society of Kenya Act Cap 18, as a body corporate name Law Society of Kenya with perpetual succession and a common seal and capacity to sue or be sued.

Membership: it consists of the following categories of members;
• Practicing advocates
• Non-practicing advocates
• Special members
• Honorary members.

The affairs of the society are managed a council elected members

Under Section 4 (1) of the Law Society of Kenya Act, the objects of the society are:
• To maintain the standards of conduct and leaning of the legal profession.
• To facilitate acquisition of legal knowledge members and others
• To assist the government and the courts in all matters relating to legislation and administration of law.
• To protect and assist members of the legal profession in relation to the condition of practice of law
• To assist and protect members of the public in all matters touching or incidental to law
• To acquire or dispose off assets.
• To raise funds.
• To do everything necessary to accomplish its objects.



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