Professional Ethics and Practice
- Irene Mudogo is an advocate of eight (8) years of standing. Irene failed to apply for a Practicing Certificate for the years 2014 and 2015. She nevertheless continued to take instructions from clients, draw and execute the necessary pleadings and represent her clients in court. Since her admission, she has been practicing under her own firm known as Mudogo and Company Advocates. One of her clients, Mteja wishes to file a complaint against her with the Advocates Complaints Commission. Mteja alleges that Irene successfully concluded a case in which she was the Plaintiff, judgment was awarded against the defendant, and payment of the decretal sum had in fact been deposited in Irene’s personal fixed deposit account from which Irene has been earning interest at the rate of 12% per annum. Irene is t to release the decretal sum to Mteja despite many requests in writing.
Mteja has shown you a retainer that prescribes the legal fees payable to Irene and a receipt for full payment of the same. The last time Mteja heard from Irene about the case was the day Mteja attended court for the hearing. That was three years ago.
Mteja got to know about the payment by the defendant only recently and even then, from a third party. When Mteja visited Irene’s office with a view to discussing his case Irene threw him out physically assaulting him in the process.
- What ethical issues arise from the scenario presented above? (5 marks)
- Mteja wishes to make a formal complaint against Irene. Advise Mteja on the process and procedure before the disciplinary organs. (10 marks)