Rowdy lawyers a threat to their profession

Law Society of Kenya President Erick Mutua addressing journalists in Nairobi on September 7, 2015 on retirement of Judges who have attained the age of 70 years. The conduct of lawyers during the general meeting of the Law Society of Kenya in March 2015 and on September 26, 2015 is a negative reflection of how an association of “learned friends” can behave. PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • The behaviour of lawyers during these two meetings is a replica of what used to be common among councillors of city, county, and municipal councils.
  • Watching a lawyer on national television openly stating that he would use “crude” methods to kick out LSK’s officials and threaten a colleague with a beating calls for serious reflection on the conduct of legal practitioners.

The conduct of lawyers during the general meeting of the Law Society of Kenya in March 2015 and on September 26, 2015, both of which ended prematurely, is a negative reflection of how an association of “learned friends” can behave.

The behaviour of lawyers during these two meetings is a replica of what used to be common among councillors of city, county, and municipal councils.

Although proposed amendments to the Constitution to enhance the qualifications of members of county assemblies, who replaced councillors, were shot down by Parliament, the debate is still very much alive.

It is, therefore, ironic that those who refer to one another as “learned friends” cannot conduct themselves with the decorum and dignity that befits their profession.

Is it time the qualifications, conduct, training, and admission of advocates to the bar was enhanced and stringent measures taken to ensure that only the best and those able to uphold an ethical professional calling are admitted?

LAWYERS' CONDUCT
Could it be a case of an uncontrolled and unmanageable influx of lawyers gaining entry into the profession, thereby diluting the esteem in which lawyers were formerly held?

Watching a lawyer on national television openly stating that he would use “crude” methods to kick out LSK’s officials and threaten a colleague with a beating calls for serious reflection on the conduct of legal practitioners.

If we can turn rowdy in our own meetings and become abusive in public, what message do we send to society, which has certain expectations of us?

Who would the common man turn to to resolve a dispute? If lawyers threaten to apply the law of the jungle, then there is imminent danger of anarchy and collapse of the legal system.

Lawyers are expected to help resolve disputes in a dignified manner, including seeking court intervention.

Lawyers should do better than be rowdy. Those who think the LSK office has failed should not attempt to solve the problem by disrupting its meetings.

HAVE DECORUM
The LSK constitution has clear procedures and provisions on the processes to follow to audit the officials’ performance. Elections are one way to do this.

The influx of lawyers being admitted as advocates seems to be uncontrolled and unregulated, which seems to have given room to even criminals to join the profession in the guise of being advocates.

A sitting of the Law Society of Kenya’s Advocates Complaints Disciplinary Tribunal that I recently attended attests to this.

The key stakeholders in the legal sector — which include the LSK, the Kenya School of Law, the Council of Legal Education, the faculties of law in various universities, and the Attorney General’s office — should up their game in setting the requisite regulatory measures to maintain the professional and ethical standards expected in the profession that is law.