Episode 15: Analysis of SOPPEC and Case Law

Episode 15: Analysis of SOPPEC and Case Law

This episodde outlines a comprehensive set of twelve standards of professional conduct for advocates, detailing specific actions and behaviors that constitute professional misconduct within the legal field. These regulations, labeled SOPPEC 1 through 12, cover essential aspects of legal practice, such as the requirement for a valid practicing certificate, rules governing advertising and marketing, and the obligation for competence and diligence in client care. Furthermore, the standards address critical ethical duties including appropriate handling of professional fees, upholding a fiduciary duty over client funds, managing conflicts of interest, and maintaining client confidentiality and privilege. The document also specifies expectations regarding fidelity to the law, honoring professional undertakings, appropriate use of social media, managing outside interests, and maintaining the highest honesty and integrity in all professional dealings, citing relevant case law examples for many of the rules.

Episode 14: 16 MUST KNOW cases in Probate and Administration

This episode offers an exam summary of key case law concerning Probate and Administration. Case 1. Cain v Moon (1896) 2. Banks v Goodfellow (1870) 3. Harwood v Baker (1840) 4. Dew v Clark (1826) 5. Re Rufus Ngethe v Wambui 6. Wambui v Gikonyo 7. Cheese v Lovejoy (1877) 8. Rodgers v Jones 9. Agnew v Belfast Banking Co. 10. Re Ruenji / Re Ogola 11. Irene Njeri Macharia v Wairimu Njomo 12. Hortensiah Wanjiku Yawe v Public Trustee (1976) 13. Paul Ogari Mayaka v Mary Nyambura Kangara (2023) 14. Fatuma Abud Faraj v Ruth Faith Mawasi 15. Dennis Kivuti v AG 16. Rono v Rono (2005)

Episode 13: Trial Advocacy

This episode serves as detailed instructional guides on the principles and practice of trial advocacy. They extensively cover the qualities and ethical duties of a good trial lawyer, outlining obligations owed to the client, the court, opponents, and the public. A significant portion of the texts addresses courtroom procedure and decorum, including guidelines for client interviews, the preparation of demand letters, and the structure of opening statements and closing arguments. Furthermore, the documents examine complex procedural topics such as judicial disqualification and recusal, the rules governing objections, the admission of exhibits, and the process of examination-in-chief and cross-examination. Finally, they also explore alternative dispute resolution (ADR) methods, specifically mediation and arbitration, contrasting them with traditional litigation.

Episode 12: Fundamentals Legal Writing, Research, and Legislative Drafting

This episode provide an expansive overview of legal writing and legislative drafting principles, emphasizing clarity, conciseness, and precision as fundamental qualities for effective legal communication. They detail practical techniques for lawyers, such as structuring arguments using the IRAC method and crafting various legal documents like case briefs, opinions, and employment contracts, focusing heavily on eliminating ambiguity, jargon, and passive voice. Furthermore, the sources meticulously outline the Kenyan legislative process, including the preparation of Cabinet Memoranda and the technical aspects of drafting, amending, and interpreting Bills and Acts of Parliament, stressing adherence to constitutional and procedural requirements. Both sources consistently advocate for the use of Plain English to ensure that legal texts are easily understandable by both legal professionals and the general public.

Episode 11: Mergers, Acquisitions and Takeovers - Commercial Transactions

Episode 11: Mergers and Acquisitions in Kenya