ATP. 105 Professional Ethics
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Curriculum
Lesson ET1: Sources of Ethical Duty and the Duty to the Court 1 lesson
Lesson ET2: Duties to the Client: Confidentiality, Competence and Withdrawal 1 lesson
Lesson ET3: Conflict of Interest, Touting and Advertising 1 lesson
Lesson ET4: Discipline, Complaints and Remedies 1 lesson
Problem questions with worked answers 1 lesson
About this course
Professional Ethics sets out the duties an advocate owes to the court, to clients, to colleagues and to the public, and the consequences of breaching them. Its sources are the Advocates Act (Cap 16), the Advocates (Practice) Rules, the Advocates (Marketing and Advertising) Rules, 2014, the Law Society of Kenya Code of Standards of Professional Practice and Ethical Conduct, the Evidence Act and the common law.
The unit covers the duty to the court and its priority over the client’s wishes; competence, confidentiality, privilege and withdrawal; conflicts of interest, acting against former clients, the advocate as witness, touting and advertising; and the complaints and disciplinary system, including the powers of the Disciplinary Tribunal.
Ethics issues appear in every other unit as well. A well-prepared candidate spots the conduct point in a set of facts without being asked, names the duty and its source, and states what the advocate must do.
What you’ll learn
- • Identify the sources of professional duty and apply the duty to the court
- • Apply the rules on competence, confidentiality, privilege and ending a retainer
- • Identify and resolve conflicts of interest, and advise on advertising and touting
- • Explain the complaints routes, grounds of misconduct and the Tribunal's powers
- • Advise on undertakings and the misuse of client money
Requirements
- 1000/-