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    ATP 105 Professional Ethics and Practice - Conflict of Interest

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    James Otieno Ogutu
    The document discusses conflict of interest for lawyers and advocates. It defines conflict of interest using Black's Law Dictionary and SOPPEC 6 as a situation where private interests are incompatible with public or fiduciary duties. This can impair a lawyer's representation of a client and violate duties of loyalty and confidentiality. The document outlines scenarios that create conflicts, such as adverse interests between clients, and rules requiring disclosure of conflicts to avoid professional misconduct. Specific Kenyan laws governing conflicts for lawyers, county attorneys, public officers, and MPs are also cited.

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    ATP 105 Professional Ethics and Practice - Conflict of Interest

    Uploaded by

    James Otieno Ogutu
    64 views14 pages
    The document discusses conflict of interest for lawyers and advocates. It defines conflict of interest using Black's Law Dictionary and SOPPEC 6 as a situation where private interests are incompatible with public or fiduciary duties. This can impair a lawyer's representation of a client and violate duties of loyalty and confidentiality. The document outlines scenarios that create conflicts, such as adverse interests between clients, and rules requiring disclosure of conflicts to avoid professional misconduct. Specific Kenyan laws governing conflicts for lawyers, county attorneys, public officers, and MPs are also cited.

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    The document discusses conflict of interest for lawyers and advocates. It defines conflict of interest using Black's Law Dictionary and SOPPEC 6 as a situation where private interests are incompatible with public or fiduciary duties. This can impair a lawyer's representation of a client and violate duties of loyalty and confidentiality. The document outlines scenarios that create conflicts, such as adverse interests between clients, and rules requiring disclosure of conflicts to avoid professional misconduct. Specific Kenyan laws governing conflicts for lawyers, county attorneys, public officers, and MPs are also cited.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    64 views14 pages

    ATP 105 Professional Ethics and Practice - Conflict of Interest

    Uploaded by

    James Otieno Ogutu
    The document discusses conflict of interest for lawyers and advocates. It defines conflict of interest using Black's Law Dictionary and SOPPEC 6 as a situation where private interests are incompatible with public or fiduciary duties. This can impair a lawyer's representation of a client and violate duties of loyalty and confidentiality. The document outlines scenarios that create conflicts, such as adverse interests between clients, and rules requiring disclosure of conflicts to avoid professional misconduct. Specific Kenyan laws governing conflicts for lawyers, county attorneys, public officers, and MPs are also cited.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 14

    ATP 105 Professional

    10/20/2021

    Ethics and Practice –

    Conflict of Interest

    Dr. Omondi R. Owino

    1
    Content Summary
    Defining Conflict of Interest
    Black’s Law Dictionary| SOPPEC 6 | Philomena Mbete Mwilu v DPP

    Rationale
    SOPPEC 6| Rule 20 LSK Digest of Professional Conduct &
    Ettiquette|

    Conflict of Interest Scenarios


    Adverse interests| Limiting Responsibilities| Breach of
    Confidentiality

    Rules Governing Conflict of Interests


    Disclosure| Situations adverse to client| Professional
    misconduct

    10/20/2021 2
    Defining Conflict of Interest

    10/20/2021 3
    Black‘s Law Dictionary

    “1. A real or seeming incompatibility between one's


    private interests and one's public or fiduciary duties.
    2. A real or seeming incompatibility between the
    interests of two of a lawyer's clients, such that the
    lawyer is disqualified from representing both clients
    if the dual representation adversely affects either
    client or if the clients do not consent.”.- p.906 (8th
    ed 2004)

    10/20/2021 4
    SOPPEC 6 - Gazette Notice
    5212 of 26th May, 2017

    “A conflicting interest is an interest which gives rise


    to substantial risk that the Advocate’s representation
    of the client will be materially and adversely
    affected by the Advocate’s own interests or by the
    Advocate’s duties to another current client, former
    client or a third person.”
    pgh. 95

    10/20/2021 5
    Philomena Mbete Mwilu v Director
    of Public Prosecutions & 3 others;
    Stanley Muluvi Kiima (Interested
    Party)

    “A conflict of interest means a situation where a


    person finds himself or herself confronted by two
    different interests so that serving one interest would
    be against the other interest.”

    Para. 69

    10/20/2021 6
    Rationale for Rules Against
    Conflict of Interest

    10/20/2021 7
    Considerations

    • Impairement of Advocate‘s ability to represent


    client.
    • Maintaining Loyalty to Client.
    • Duty of Confidentiality.
    • King Woolen Mills & Anor vs. Kaplan & Stratton
    Advocates

    10/20/2021 8
    Conflict of Interest Scenarios

    10/20/2021 9
    SOPPEC 6

    • Adverse interests.
    • Factors limiting effective representation.
    • Risk of unauthorized disclosure of information.
    • Loss of independence by Advocate.

    10/20/2021 10
    Rules Governing Conflict of Interests

    10/20/2021 11
    SOPPEC 6

    • Full and frank disclosure of conflict.


    • Never act against a client you have acted for in a
    similar or related matter.
    • Advocate can only act in matters adverse to a
    current client if such matter presents no conflict
    of interest.
    • Failure to make disclosure of conflict amounts to
    professional misconduct.

    10/20/2021 12
    Specific Laws

    • Para 16 - Code of Conduct (Second Schedule to


    Office of the Attorney General Act (No. 49 of
    2012)) –.
    • S. 11 – Office of the County Attorney Act No. 14 of
    2020; Para 16 Second Schedule.
    • S. 12 – Public Officers Ethics Act No. 4 of 2003.
    • Para 6 (1) (b) - Code of Conduct for Members of
    Parliament (Fourth Schedule to the Parliamentary
    Powers and Privileges Act (No 29 of 2017))
    10/20/2021 13
    THANKS FOR
    YOUR
    ATTENTION

    10/20/2021 14

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