PRESENTATION TO MLS /MSA LAW COURTS TEAMS MEETING ON 22/5/2020

BY  CHRISTINE KIPSANG-MLS  VICE CHAIRPERSON 2020-2021

Covid -19 pandemic season

  • Lets understand the context of our legal practice /court sessions online
  • MOH warnings during this Covid -19 Pandemic
  • Wash your hands &Sanitize
  • Social distance
  • Wear a mask –appropriately e.g CS
  • Remote working mode
  • Visiting the court premises then sanitize at the gate,co-operate with security and register yourself for contact tracing.
  • Create awareness on these measures among your family friends and children .

 

Etiquette

  • The Dictionary defines etiquette as “The customary code of polite behaviour in society or among members of a particular profession or group.”
  • Etiquette enables the individuals to earn respect and appreciation in the society. No one would feel like talking to a person who does not know how to speak or behave in the society.
  • Etiquette inculcates a feeling of trust and loyalty in the individuals. One becomes more responsible and mature. Etiquette helps individuals to value relationships.

Court Etiquette

  • Making a good impression
  • Code of behaviour
  • Rules of conduct
  • Dressing
  • Addressing court
  • Navigate on/mute/thankyou
  • Natural Justice/Case preparations
  • Home settings /apply backgrounds
  • Adjournments/Time Allocation

 

Applicable Law

THE ADVOCATE’S ACT:

  • Section 33:Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognized by law as qualified to act as an advocate shall be guilty of an offence.
  • Section 55:Every advocate and every person otherwise entitled to act as an advocate shall be an officer of the Court and shall be subject to the jurisdiction thereof and, subject to this Act, to the jurisdiction of the Disciplinary Tribunal:

LSK ACT NO.21 OF 2014

  • Section 4 (e) and (f)
  • maintain and continuously improve the standards of learning, professional competence and professional conduct for the provision of legal services in Kenya;
  • determine, maintain and enhance the standards of professional practice and ethical conduct, and learning for the legal profession in Kenya;

 

Guiding Principles

LSK ACT 21 OF 2014.

SECTION 6 – FIVE PRINCIPLES.

  • The maintenance and advancement of constitutionalism, justice and the rule of law;
  • The facilitation of access to justice;
  • The protection of public interest;
  • The maintenance of integrity and professionalism; and
  • The promotion of cross border legal practice, inclusivity and equity.he

THE CONSTITUTION OF KENYA

Access to justice: Article 48

  • The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.

Fair Hearing:Article 50

  • Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.

 

Logging Into Virtual Court

  • https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmE0MjU3NmQtZTI5Yy00NzFlLThjMTItOTcwNTUxOTRjMjk3%40thread.v2/0?context=%7b%22Tid%22%3a%22e555d085-bd33-4db9-b7bc-4f48bdea1105%22%2c%22Oid%22%3a%22f8fdfa85-b995-441e-b06c-8be07fc674f9%22%7d
  • Cause lists -2 versions –need to integrate.

Introductions

  • Introduce yourself to the presiding judge
  • Use surname only to the Judge
  • Do not refer yourself by title Mr, Mrs and Miss..
  • No exchange of bows as form of salutation
  • Your Honour for the Court and my learned friend for colleagues.
  • Rationale of court introductions is to make their presence known to the court for purpose of record, show attention and type of relationship between advocate and their clients  and maintenance of fairplay. Show Courtesy and respect.
  • Mute mic/on/Thankyou.

Punctuality

  • Be punctual and meet deadlines-An advocate should never be late.
  • Apologize to the court, briefly explain reason for delay with utmost sincerity(Do not cry or dramatize).
  • Log in 2 mins before time
  • Wear a watch
  • Do not interrupt a session.
  • Mute /on/thankyou

Dress Code

  • Related to administration of justice
  • Portray dignity strength and authority.
  • Exude power and demand certain kind of respect and dignity
  • Darker the color the more authority the attire conveys.
  • Gray or navy stripes suit communicates the highest authority .
  • Modest dressing in public in a manner that lends itself to the dignity of the legal profession
  • No revealing tops or dresses for female advocates
  • Neck ties and full suit for male advocates
  • Shoes are black or dark colours. See the Sandstorm case about a tie….
  • Court Session

Entering and leaving a Court Room

  • Walk, bow and sit down-We have been used to standing to address court.
  • Enter court room and sit quietly –no whispers
  • Do not wander or walk about in court-do not move from your position without permission of the Court.
  • Passing message related to the matter is per the chat message or raise your hand.
  • Acknowledge as the court pleases or most obliged
  • Quietly exit
  • Mute/on/Thankyou.

 

Disrespectful Behavior

  • Taking Phone calls
  • Texting and engaging in online activities such as emailing
  • Talking
  • Small talks with other advocates unrelated to the matter
  • Using slang cursing or use disrespectful words
  • Showing disrespect to court witnesses.
  • Use of humour
  • Food and drinks other than water.
  • Noise from children, dogs, door, chairs
  • Playing music or even loud music
  • Whispers can be noises too.
  • Mute/on/thankyou

 

Natural Justice

  • Officers of Court
  • Show care for each other
  • Be humane and reach out by texts and calls one to another
  • Act competently and diligently
  • No Bias
  • Open mind
  • Without prejudice
  • Honest, integrity ,Frank and not knowingly mislead court by providing false or inaccurate information.
  • Not practice of deception on the court.
  • Assist Court by putting evidence that meet ends of justice

Virtual Backgrounds

  • Settings
  • Review
  • Apply
  • Test mic
  • Test camera
  • Sit upright
  • Speak up for recording is on
  • No gestures unless extremely necessary
  • Do not move away from the range of the camera
  • Video on /off
  • Mute/on/thankyou
  • Adjournment /quick interventions
  • Log in
  • Make application
  • Take time indication
  • Log out
  • Log in on time
  • Chat in private room online or make calls for consents /way-forward on issues.
  • Address court
  • Mute mic/on /thankyou
  • Chat when necessary

 

THANKYOU

ONE MORE THING JUST FOR YOU……….!

ALWAYS LOOK STRAIGHT INTO THE CAMERA