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Thursday, November 09, 2006
Hiring a lawyer?
Finding a lawyer a good lawyer in Nairobi or upcountry is an uphill task.

Either
1. You get a good lawyer, the lawyer is very expensive

2. You get a lawyer who is cheap and a con too


All said and done, it is actually possible to get a good lawyer in Kenya. Some tips

1. The office & the location matter. There is a possibility that if he has a shabby office, he is a bad and careless lawyer too. Are the files meeting you at the door?

2. Does he keep you updated on your file?
A good lawyer will keep you informed as to how your case is proceeding. This should be in form of phone calls, letters. Make sure you leave all your details with your lawyer as to how he can get in touch with you.

He SHOULD write to you informing you when your matter is up for mention or any hearing and what happened thereafter.
If he doesn’t, then it is time to move.

3. Advises you on the REAL position
Some cases are out rightly outrageous! However many lawyers in need of the money will not advise you on the right position and will take you on the litigious path knowing very well, you have a zero probability of winning that case.

4. Listen to his peers or persons who have dealt with the lawyer before
Check with the LSK if your lawyer has a current practicing certificate before you give him the brief

Check if he has any disciplinary issues he is dealing with

Confirm he has a Professional Indemnity Cover

Unfortunately we do not have peer reviews for lawyers in Kenya.

5. Discuss the fees with the lawyer before giving him your brief

Dubious lawyers keep asking you for money every time you go to his office. Agree on his fees before any thing else.

6. Your lawyer owes you no favour
You as the client are his master. You are entitled to know what is going on with your case. You are paying for a service that should be rendered without much ado. If not, take your file before things get thick.
7. Most of the time “Cheap is Expensive”
8. If the worst happens, report to the Disciplinary Committee and the lawyer will be asked to reimburse your costs or have his licence to practice withdrawn.
Tuesday, November 07, 2006
In the Legal News
Kigali Bar Association (KBA, Rwanda set to join the East African Law Society. At the recent East African Law Society conference the KBA applied to join the EALS which consists of the Three East African countries Bar Associations and the Zanzibar Law Society.

The members of EALS resisted the move by the council to increase the subscriptions to USD 50 from USD 20 citing the move would strain the young lawyers who were already paying too much in their respective Bar Associations.

Tom Ojienda is the new President of the EALS from Kenya. The presidency of the EALS is rotational and every country that is a member of EALS has a chance to nominate a candidate for presidency.

In other news
The Law Society of Kenya is currently in the election mode with the current council’s term expiring in March next year. Among the person’s contesting for the chairmanship of the LSK is Kamotho Waiganjo who is currently a council member.

The leadership of the LSK is slowly turning to an Up-country vs Nairobi lawyers contest. With upcountry lawyers claiming that Nairobi lawyers are very biased against them and do not consider them as equally good lawyers. That may be a hot issue still in these elections.