The Advocates Complaints Commission (ACC) has in the past one year received 1003 complaints against lawyers and recovered over Sh 23 million that lawyers across the country had withheld from clients.
The complaints that were received between July 1, 2021 and June 30 this year resulted in five lawyers being struck off the roll of advocates for life, while three others were suspended over allegations of professional misconduct.
According to a Senior State Counsel, Hiedy Cheptanui the complaints ranged from lawyers allegedly withholding clients’ money, failing to represent their clients adequately, inflating fees, and deliberately failing to keep their clients informed regarding their cases and conflict of interest.
She said the number of complaints raised by the public against lawyers practicing in the country is on the rise, noting that the commission will not relent in whipping the rogue advocates.
Some of the lawyers were also accused of withholding a client’s documents. 67 of the complaints were reviewed and disposed of, while 352 were subjected to in-house dispute resolution.
Ms Cheptanui who is a member of the ACC indicated during a webinar session on understanding the Advocate’s disciplinary process in Kenya that other common complaints included advocates misleading clients on the scale of fees, misappropriation of litigants’ property, conflict of interest, lack of honesty and integrity.
She noted that the commission has embarked on an exercise of educating members of the public on their rights and duties of the commission in respect to the legal sector.
Ms Cheptanui advised the public to make use of the Law Society of Kenya (LSK) in conducting research about a lawyer’s practice before engaging for services.
“At the LSK website you will be able to know whether the lawyer you are engaging is fake, inactive, struck off, suspended or active so as to avoid being conned. Likewise, when you feel dissatisfied with the lawyer’s conduct report to the commission,” she advised the participants.
Other improprieties raised against lawyers included overcharging, inadequate representation in court and lawyer’s failure to appear in court.
The Senior State Counsel added: “Sh 23,440,608 was recovered from lawyers through in-house dispute resolution. All the pending complaints are under active scrutiny.”
The ACC is a division in the State department of justice in the Attorney General’s office tasked with investigating complaints against advocates and undertaking reconciliation of the parties.
It is also responsible for referral of complaints to the Disciplinary Committee and prosecution of disciplinary actions.
The Senior State Counsel noted that transgressions by lawyers are more openly reported than those in other professions.
Ms Cheptanui said most lawyers observe professional conduct, but a few taint the profession. One reason for the number of complaints, she said, is the adversarial nature of the legal profession, in which one party wins while the other loses.
Ineffective communication by lawyers is also a source of problems. Some lawyers, Ms Cheptanui added, do not communicate clearly to their clients, particularly when their client has a weak case. Still other lawyers keep their fees secret from clients until the case is over.
She explained that withholding funds from a client is where a lawyer receives money but fails to carry out instructions as required.
Anybody aggrieved by a lawyer can choose among three avenues: the LSK Disciplinary Tribunal, the Advocates Complaints Commission or a private prosecution through the courts.
