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Inactive Lawyers in LSK
Rank: Member Joined: 8/8/2008 Posts: 201
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Can inactive Lawyer as per the LAW Society of Kenya draw up any legal documentation which is binding?
What is the consequences If the Seller's Lawyer is inactive and he is the one to draw up Sales Agreement
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Rank: Veteran Joined: 12/23/2010 Posts: 1,229
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Read this http://www.kenyalaw.org/newsletter/20091211.html
Get an advocate who holds a current practicing certificate. Why gamble?
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Rank: Member Joined: 3/12/2011 Posts: 108
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This is great information. There are advocates practice law yet they should not be doing since they are not registered. Buyer/client be aware when looking for an advocate!
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Rank: Veteran Joined: 7/22/2008 Posts: 1,139
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but how do you ask a lawyer if he is registered... "You're not supposed to be so blind with patriotism that you can't face reality. Wrong is wrong, no matter who says it". Malcolm X
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Rank: New-farer Joined: 4/26/2011 Posts: 8
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To find out if an advocate does not hold a current practising certificate, go to the LSK website. It has a complete list of all admitted advocates plus their current statuses. If you are still in doubt, get in touch with LSK.
But beware, a document signed, attested to or commissioned by an unqualified advocate is invalid. So ensure you verufy before you deal with one.
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Rank: Veteran Joined: 7/22/2008 Posts: 1,139
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kipusa wrote:To find out if an advocate does not hold a current practising certificate, go to the LSK website. It has a complete list of all admitted advocates plus their current statuses. If you are still in doubt, get in touch with LSK.
But beware, a document signed, attested to or commissioned by an unqualified advocate is invalid. So ensure you verufy before you deal with one. Thanks @kipusa,I have checked and its working "You're not supposed to be so blind with patriotism that you can't face reality. Wrong is wrong, no matter who says it". Malcolm X
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Rank: Member Joined: 4/2/2011 Posts: 629 Location: Nai
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Ngwono,
This is a very interesting question because you can draw a contract with most counterparties without the intervention of an advocate. I wonder what principle (whether common law or else) this law that puports to negate contracts drawn by non registered lawyers is grounded in. While I have seen petitions dismissed because the lawyer representing the petitioner was not registered/his registration had lapsed, I would be very happy to see the idea thoroughly tested against the principles of justice and common law. It appears to me that a second party can draw an agreement as a lay person which once executed by you and the counterparty becomes legal. Does the appending of a signature and the company seal by the lawyer thus disqualified by his failure to register with the LSK render such a contract nonbinding? Can such a seal and signature by the unregistered lawyer quash a contract when the 2 elements of (i) mutual assent and (ii) consideration are present?
by definition, a contract is a legally enforceable agreement between two or more parties with mutual obligations, which may or may not have elements in writing. Contracts can also be formed orally (parol contracts).
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Rank: Veteran Joined: 10/17/2008 Posts: 1,234
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accelriskconsult wrote:Ngwono,
This is a very interesting question because you can draw a contract with most counterparties without the intervention of an advocate. I wonder what principle (whether common law or else) this law that puports to negate contracts drawn by non registered lawyers is grounded in. While I have seen petitions dismissed because the lawyer representing the petitioner was not registered/his registration had lapsed, I would be very happy to see the idea thoroughly challenged against the principles of justice and common law. It appears to me that a second party can draw as a lay person which once executed by you and the counterparty becomes legal. Does the appending of a signature and the company seal by the lawyer thus disqualified by his failure to register with the LSK render such a contract nonbinding? I find it absurd that a judge wil It is not all contracts. But there are certain documents such as mortgages/charges that must be drawn by an advocate. See the Advocates Act. It is the latter that are invalid if drawn by an unqualified person eg an advocate who does not hold a current practising certificate.
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Rank: Member Joined: 4/2/2011 Posts: 629 Location: Nai
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I know that those are governed by specific Acts but legally, you can draw up a charge on your property, without a lawyer. The process that involves advocates is called registration of charges. This process is distinct from the process of drawing up a charge; and yes if the advocate had lost his rights to practice, then the charge can be contested, but is not necessarily invalidated.
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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accelriskconsult wrote:I know that those are governed by specific Acts but legally, you can draw up a charge on your property, without a lawyer. The process that involves advocates is called registration of charges. This process is distinct from the process of drawing up a charge; and yes if the advocate had lost his rights to practice, then the charge can be contested, but is not necessarily invalidated. What use would a charge which is not registered be? And FYI you can`t register a charge unless it is endorsed with the name of the advocate or law firm that has drawn it up which effectively means that a charge never drawn by an advocate can never be registered. In fact all documents meant to be filed or accepted by `The Registrar, the Registrar of Titles, the Principal Registrar of Government Lands, the Registrar-General, the Registrar of Companies and any other registering authority` must be drawn by advocates and their names or their firms names endorsed thereon for them to be accepted and recognised by the said authorities. He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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Rank: Member Joined: 4/2/2011 Posts: 629 Location: Nai
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Elder wrote:accelriskconsult wrote:I know that those are governed by specific Acts but legally, you can draw up a charge on your property, without a lawyer. The process that involves advocates is called registration of charges. This process is distinct from the process of drawing up a charge; and yes if the advocate had lost his rights to practice, then the charge can be contested, but is not necessarily invalidated. What use would a charge which is not registered be? And FYI you can`t register a charge unless it is endorsed with the name of the advocate or law firm that has drawn it up which effectively means that a charge never drawn by an advocate can never be registered. In fact all documents meant to be filed or accepted by `The Registrar, the Registrar of Titles, the Principal Registrar of Government Lands, the Registrar-General, the Registrar of Companies and any other registering authority` must be drawn by advocates and their names or their firms names endorsed thereon for them to be accepted and recognised by the said authorities. That is not true. refer to the cases discussed in this blog http://allensinsolvencyl...harges-and-unfair.html.
Additionally, if you lent you friend money and had an unregistered charge on his house, it does not mean that your charge is useless. It may just mean that your charge is subordinated if others exist on the same property.
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Rank: Member Joined: 4/2/2011 Posts: 629 Location: Nai
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Elder wrote:accelriskconsult wrote:I know that those are governed by specific Acts but legally, you can draw up a charge on your property, without a lawyer. The process that involves advocates is called registration of charges. This process is distinct from the process of drawing up a charge; and yes if the advocate had lost his rights to practice, then the charge can be contested, but is not necessarily invalidated. What use would a charge which is not registered be? And FYI you can`t register a charge unless it is endorsed with the name of the advocate or law firm that has drawn it up which effectively means that a charge never drawn by an advocate can never be registered. In fact all documents meant to be filed or accepted by `The Registrar, the Registrar of Titles, the Principal Registrar of Government Lands, the Registrar-General, the Registrar of Companies and any other registering authority` must be drawn by advocates and their names or their firms names endorsed thereon for them to be accepted and recognised by the said authorities. That is not true. refer to the cases discussed in this blog http://allensinsolvencyl...harges-and-unfair.html.
Additionally, if you lent your friend money and had an unregistered charge on his house, it does not mean that your charge is useless. It may just mean that your charge is subordinated if others exist on the same property.
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Rank: Elder Joined: 9/7/2010 Posts: 2,148 Location: elderville
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accelriskconsult wrote:Elder wrote:accelriskconsult wrote:I know that those are governed by specific Acts but legally, you can draw up a charge on your property, without a lawyer. The process that involves advocates is called registration of charges. This process is distinct from the process of drawing up a charge; and yes if the advocate had lost his rights to practice, then the charge can be contested, but is not necessarily invalidated. What use would a charge which is not registered be? And FYI you can`t register a charge unless it is endorsed with the name of the advocate or law firm that has drawn it up which effectively means that a charge never drawn by an advocate can never be registered. In fact all documents meant to be filed or accepted by `The Registrar, the Registrar of Titles, the Principal Registrar of Government Lands, the Registrar-General, the Registrar of Companies and any other registering authority` must be drawn by advocates and their names or their firms names endorsed thereon for them to be accepted and recognised by the said authorities. That is not true. refer to the cases discussed in this blog http://allensinsolvencyl...harges-and-unfair.html.
Additionally, if you lent your friend money and had an unregistered charge on his house, it does not mean that your charge is useless. It may just mean that your charge is subordinated if others exist on the same property. The link goes to ...`page not found.` Do repost the right one. What is not true about my statement? He who can express in words the ardour of his love, has but little love to express. - Petrach, Son. (That men by various ways arrive at the same end. - Montaigne, The Essays of.)
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