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INFLUENCE OF PROFESSIONAL BODIES ON THE ETHICAL
BUSINESS PRACTICES OF MEMBERS: A CASE STUDY OF
THE LAW SOCIETY OF KENYA
BY
SHEILA WANJA GITAU
UNITED STATES INTERNATIONAL UNIVERSITY-AFRICA
FALL 2016
THE INFLUENCE OF PROFESSIONAL BODIES ON THE
ETHICAL BUSINESS CONDUCT OF MEMBERS: A CASE
STUDY OF THE LAW SOCIETY OF KENYA
BY
SHEILA WANJA GITAU
A Research Project Report Submitted to the Chandaria School of
Business in Partial Fulfilment of the Requirement for the Degree of
Master of Science in Organizational Development (MOD)
UNITED STATES INTERNATIONAL UNIVERSITY-AFRICA
FALL 2016
i
STUDENT’S DECLARATION
I, the undersigned, declare that this project report is my original work and has not been
submitted to any other college, institution or university other than the United States
International University-Africa for academic credit.
Signed: _________________________________ Date: _________________________
Sheila Wanja Gitau (I.D No. 647028)
This project has been presented for examination with my approval as the appointed
supervisor.
Signed: _________________________________ Date: _________________________
Prof. George K‟Aol
Signed: _________________________________ Date: _________________________
Dean, Chandaria School of Business
ii
COPYRIGHT
© Sheila Wanja Gitau (2016), all rights reserved. No part of this report may be
reproduced or copied in any form or by any means electronic, printing or photocopying
without the prior written consent of the author.
iii
ABSTRACT
The purpose of the study was to determine the influence of professional bodies on the
ethical business practices of members based on a case study of the Law Society of Kenya
(LSK). The study was guided by the following research questions: What is the influence
of continuous professional development programs on ethical practices of LSK members?
What is the influence of code of ethics on ethical business practices of LSK members?
What is the influence of disciplinary sanctions on ethical business practices of LSK
members?
Descriptive correlation research design was used to conduct the study. The population
consisted of active and inactive LSK members as of the 2016 register. Stratified random
sampling technique was used to select a sample of 384 LSK members from the total
population. A structured questionnaire was used as the data collection tool. Data was
analysed using descriptive statistical techniques such as mean and standard deviations.
Inferential statistical techniques used were: correlation, ANOVA and regression analysis.
Data was analysed using SPSS as a tool. The results and findings were presented in
figures and tables.
The findings on the influence of Continuous Professional Development (CPD) programs
on ethical business practices revealed that there was a statistically significant positive
correlation between CPD programs and keeping abreast of emerging ethical challenges,
r(198) =.184, p<.05. One-Way ANOVA showed that there was a significant effect for
gender F(1,199) =4.12, p=.02 and practicing status, F(1,198)=5.196, p=.024. Linear
regression results showed that CPD programs did not predict ethical business practices of
LSK members (B=0.209, p>.05).
Concerning the influence of code of ethics on ethical business practices of LSK members,
Spearman‟s Rank Correlation Coefficient showed that there was a moderate positive
correlation between code of ethics and the ethical business practices of LSK members.
One-Way ANOVA showed that there was a statistically significant effect for practicing
status, F(1,198) = 5.363, p=.02. Linear regression analysis showed that code of ethics
explained 32.0% of the variability in respondents‟ ethical business practices (R2=0.320)
iv
and significantly predicted ethical business practices of LSK members, F(1,176) =
82.703, p<0.05.
With respect to the influence of disciplinary sanctions on ethical business practices of
LSK members, Spearman‟s Rank Correlation Coefficient showed that ethical conduct of
LSK members was weakly correlated to disciplinary sanctions. One-Way ANOVA
showed that there was a statistically significant effect for years of experience,
F(2,196)=3.719, p=.026. Linear regression analysis showed that disciplinary sanctions
significantly predicted ethical business practices of LSK members, F(1,178) = 18.228,
p<0.05.
It was concluded that CPD conducted by the Law Society of Kenya had no significant
influence on the ethical business practices of LSK members since the programs only
served to enlighten the members by expanding their sphere of knowledge of the legal
profession and keeping abreast of the emerging trends which enhances ethical self-
awareness. The code of ethics significantly influenced the ethical business practices of
LSK members to the extent of their enforcement. Disciplinary sanctions enforced by the
LSK positively influenced the ethical business practices of its members. The most
effective disciplinary sanction that significantly influenced ethical business practices of
LSK members was disbarment due to its implication on the continued practice of law as a
professional.
It was recommended that the Law Society of Kenya should put as much emphasis on
public awareness and education as it does the continuous professional development of its
members. The regulatory body should ensure that legislations are put in place that
facilitate the enforcement of each code of ethics since the existence of code of ethics was
found to have a significant positive influence on the ethical business practice of members
of the LSK. The Law Society of Kenya should intensify its disciplinary activities and
sanctions in order to stem rampant cases of unethical business practice in the legal
profession. A more inclusive study that represents the voices of LSK members in other
regions should be conducted to corroborate the findings of this study.
v
ACKNOWLEDGEMENTS
This research project is the culmination of efforts of a number of people and institutions
that I wish to acknowledge here. First and foremost, I am thankful to my supervisor, Prof.
George K‟Aol for his guidance and mentorship throughout this process.
I must also thank the Law Society of Kenya for allowing me to base my research on the
association. Along with this umbrella body, I am very grateful to every member of the
LSK who took their precious time to respond to my questionnaires.
I wish to equally thank my family and friends whose support made this project report
what it is.
vi
DEDICATION
To my beautiful family for standing by me through it all.
TABLE OF CONTENT
STUDENT’S DECLARATION ........................................................................................ i
COPYRIGHT .................................................................................................................... ii
ABSTRACT ...................................................................................................................... iii
ACKNOWLEDGEMENTS ..............................................................................................v
DEDICATION.................................................................................................................. vi
LIST OF ABBREVIATIONS ........................................................................................ vii
LIST OF FIGURES ....................................................................................................... viii
LIST OF TABLES ........................................................................................................... ix
CHAPTER ONE ................................................................................................................1
1.0 INTRODUCTION..................................................................................................1
1.1 Background to the Study ..........................................................................................1
1.2 Problem Statement ...................................................................................................3
1.3 Purpose of the Study ................................................................................................5
1.4 Research Questions ..................................................................................................5
1.5 Scope of the Study ...................................................................................................5
1.6 Significance of the Study .........................................................................................6
1.7 Definition of Terms..................................................................................................6
1.8 Chapter Summary ....................................................................................................8
CHAPTER TWO ...............................................................................................................9
2.0 LITERATURE REVIEW .....................................................................................9
2.1 Introduction ..............................................................................................................9
2.2 Influence of Continuous Professional Development Programs on Ethical Business
Conduct of LSK members .......................................................................................9
2.3 The Influence of Code of Conduct on the Ethical Business Practices of LSK
members .................................................................................................................16
2.4 The Influence of Disciplinary Sanctions on the Ethical Business Conduct of LSK
members .................................................................................................................21
2.5 Chapter Summary ..................................................................................................26
vi
CHAPTER THREE .........................................................................................................28
3.0 RESEARCH METHODOLOGY .......................................................................28
3.1 Introduction ............................................................................................................28
3.2 Research Design.....................................................................................................28
3.3 Population and Sampling Design ...........................................................................28
3.4 Data Collection Methods .......................................................................................31
3.5 Research Procedures ..............................................................................................32
3.6 Data Analysis Methods ..........................................................................................32
3.8 Chapter Summary ..................................................................................................33
CHAPTER FOUR ............................................................................................................34
4.0 RESULTS AND FINDINGS ...............................................................................34
4.1 Introduction ............................................................................................................34
4.2 Descriptive Statistics of Respondents‟ Demographic Data ...................................35
4.3 Influence of Continuous Professional Development Programs on Ethical Business
Practices .................................................................................................................39
4.4 Influence of Code of Ethics on Ethical Business Practices of LSK members .......47
4.5 Influence of Disciplinary Sanctions on Ethical Business Practices of LSK
members .................................................................................................................54
4.6 Chapter Summary ..................................................................................................61
CHAPTER FIVE .............................................................................................................63
5.0 SUMMARY, DISCUSSION, CONCLUSION AND RECOMMENDATIONS... 63
5.1 Introduction ............................................................................................................63
5.2 Summary ................................................................................................................63
5.3 Discussions ............................................................................................................64
5.4 Conclusions ............................................................................................................69
5.5 Recommendations ..................................................................................................71
REFERENCES .................................................................................................................73
APPENDICES ..................................................................................................................80
Appendix I: Cover Letter ...................................................................................................80
Appendix II: Questionnaire................................................................................................81
vii
LIST OF ABBREVIATIONS
CPD Continuous Professional Development
EACC Ethics and Anti-Corruption Commission
LL.B Bachelor of Law
LL.M Master of Law
LSK Law Society of Kenya
SPSS Statistical Package for the Social Sciences
US United States
viii
LIST OF FIGURES
Figure 4.1 Response Rate .................................................................................................. 34
Figure 4.2 Gender Distribution .......................................................................................... 35
Figure 4.3 Percentage Distribution of Respondents by Age Group................................... 36
Figure 4.4 Distribution of Respondents by Level of Education ........................................ 36
Figure 4.5 Distribution of Respondents by Practicing Status ............................................ 37
Figure 4.6 Percentage Distribution of Respondents by Years in Practice ......................... 37
Figure 4.7 Percentage Distribution of Respondents by Years of LSK Membership ......... 38
Figure 4.8 Influence of CPD on Ethical Practices: Distribution of by Gender.................. 42
Figure 4.9 Influence of CPD Programs on Ethical Practices: Distribution by Status........ 43
Figure 4.10 Influence of CPD Programs on Ethical Practices: Distribution by Education44
Figure 4.11 Influence of Code of Ethics on Ethical Practices: Distribution by Gender .... 50
Figure 4.12 Influence of Code of Ethics by Practicing Status ........................................... 51
Figure 4.13 Influence of Code of Ethics on Business Practices by Level of Education .... 52
Figure 4.14 Comparison of Rating Effectiveness of Disciplinary Sanctions by Gender... 56
Figure 4.15 Comparison of Rating Effectiveness of Disciplinary Sanctions by Status .... 57
Figure 4.16 Comparison of Rating Effectiveness of Sanctions by Education ................... 58
ix
LIST OF TABLES
Table 3.1 Population distribution ....................................................................................... 29
Table 3.2 Sample size distribution ..................................................................................... 31
Table 4.1 Negative Public Image of LSK members a Fair Representation of the Reality 39
Table 4.2 Unethical Conduct Rampant Among Members of the Legal Profession ........... 39
Table 4.3 Respondents‟ Views on Effectiveness of CPD Programs ................................. 41
Table 4.4 Influence of CPD on LSK members‟ Ethical Practices: Distribution of by
Gender ................................................................................................................................ 42
Table 4.5 Influence of CPD Programs on Ethical Practices: Distribution by Status ......... 43
Table 4.6 Influence of CPD Programs on Ethical Practices: Distribution by Education .. 44
Table 4.7 Correlation between CPD Programs and Ethical Business Practices ................ 45
Table 4.8 ANOVA of Influence of CPD Programs ........................................................... 46
Table 4.9 Model Summary ................................................................................................ 47
Table 4.10 Descriptive Statistics of Respondents Ethical Business Practices ................... 48
Table 4.11 Influence of Code of Ethics on Ethical Practices: Distribution by Gender ..... 49
Table 4.12 Influence of Code of Ethics by Practicing Status ............................................ 50
Table 4.13 Influence of Code of Ethics on Business Practices by Level of Education ..... 51
Table 4.14 Correlation between Code of Ethics and Business Practices of members ....... 52
Table 4.15 ANOVA of Influence of Code of Ethics ......................................................... 53
Table 4.16 Model Summary .............................................................................................. 54
Table 4.17 Effectiveness of disciplinary sanctions in influencing ethical practices .......... 55
Table 4.18 Comparison of Rating Effectiveness of Disciplinary Sanctions by Gender .... 56
Table 4.19 Comparison of Rating Effectiveness of Disciplinary Sanctions by Status ...... 57
Table 4.20 Comparison of Rating Effectiveness of Disciplinary Sanctions by Education 58
Table 4.21 Correlation between Disciplinary Sanctions and Ethical Conduct .................. 59
Table 4.22 ANOVA of Rating of Effectiveness of Disciplinary Sanctions ...................... 60
Table 4.23 Model Summary .............................................................................................. 61
1
CHAPTER ONE
1.0 INTRODUCTION
1.1 Background to the Study
From the perspective of a profession, ethics connotes a common set of values, reliable
professional product and a societal relationship of trust (Schultze, 2008). The profession
is charged with the responsibility of monitoring its members‟ adherence to high standards
of competence and conduct to ensure the public interest is properly served with current
skills, knowledge and conduct; and to discipline those who demonstrate technical
incompetence or exhibit unprofessional conduct. Thus, the function of professional
associations is to represent members of its profession and negotiate acceptable practices
of interaction for and with their respective memberships (Francis, 2016).
According to Janosik, Cooper, Sanders and Hirt (2014), professional associations have
the duty to ensure the quality of professional preparation and practice, to provide
continuing professional education and to recognize those practitioners who take steps to
improve their knowledge and practice. Professional associations also offer activities to
promote members‟ distinctiveness and evidence of their competence level and work
worthiness (Markova, Ford, Dickson & Bohn, 2013). They play an important role in
educating, training and credentialing public service occupations such as health, education
and law in advocating for member interests in the public policy arena (Gazley, 2014).
Schultze (2008) identified a number of roles that professional associations should assume.
They include: determining the entrance requirements and a system of registration to
determine required applicant qualifications; licensing professional practitioners;
establishing and maintaining levels of competence and codes of conduct; receiving,
investigating and adjudicating complaints; and administering a disciplinary process to
sanction members who fail to maintain established standards and practices. Beyond this
mandate, Francis (2016) added that professional associations also allow organizations
within the same community to interact, wherein understandings of reasonable conduct
and the behavioural dues of membership emerge.
2
With respect to the mandate of professional associations, Schultze (2008) argue that
protection of the public interest is the most paramount and this is ensured by permitting
only qualified and competent members to practice and by stipulating that members
conform to appropriate standards of professional conduct. This is because the public
needs to feel confident that a profession‟s practitioners are capable and honest. They must
therefore also be able to perceive that a profession is competently and reasonably
governing its members, including qualifying and disciplining.
The legal profession has had a historical public relations problem regarding the public‟s
perception and continues to foster little public respect for the profession and its collective
reputation to date (Dal Pont, 2015). The argument for putting LSK members under ethical
scrutiny is that both in-house LSK members and outside law firms have been found to be
culpable in many of the scandals which were central to the collapse of corporate
organizations such as Enron (Kim, 2011).
The practice of lawyering has been described in some scholarly texts as a tumultuous
business where tensions are stretched, and where civility is in short supply (Dennison &
Tibikirra-Kalyegira, 2014). This perspective is backed up by research findings, for
instance that the propensity of corporate law firms to focus constantly on the client list
and the profit motive functions to affect the professional autonomy and ethics of
individual LSK members and the integrity of the legal profession itself (Bagust, 2013). It
is against this backdrop that the legal profession in general and the functions of bar
associations in particular have increasingly been the subject of growing interest from
practitioners and the intelligentsia alike.
The interest in bar associations and the entire legal profession stem in part from their
uniqueness. Unlike other professional bodies, the uniqueness of bar associations in most
jurisdictions is that membership is mandatory. Generally, bar associations are also unique
in the sense that they confer prestige as a learned profession and the market advantage of
exclusive use of a professional title and right to practice (Schultze, 2008). Legal
professionals typically enjoy above average levels of education, skills and pay, and are
seen to play an important role in society and to contribute to overall economic welfare
and competitiveness (Decker & Yarrow, 2010).
3
In Africa, professional regulation is noted to be of variable quality, with most countries
lacking effective regulation, especially in sub-Saharan Africa (Trebilcock & Daniels,
2009). A growing concern exists with regards to standards and professional ethics among
LSK members in Kenya, specifically in matters concerning custody of clients‟ funds and
property (Mbote & Akech, 2011). The business of lawyering in Kenya is regulated by the
Law Society of Kenya Act as enforced by the Law Society of Kenya whose mandate
include, to advise and assist members of the legal profession, the government and the
public in matters requiring the administration of justice (Law Society of Kenya, 2016).
Membership of this association is mandatory for all practicing LSK members (Trebilcock
& Daniels, 2009). Regulation of LSK members is legislated in the LSK members Act
which deals with a range of matters including admission to the bar and complaints about
LSK members as well as their discipline (Ojienda & Katarina, 2016).
Professional associations have tremendous influence on the public‟s perception of a
profession by creating a public reputation and defining a profession by maintaining the
ideals of the profession and by ensuring that the members live by their “professional
pledge” (Ashish, 2014). Members of a profession have a vested interest in the
effectiveness of their professional body. There are substantial benefits that accrue from
membership of an effective professional association including professional prestige and
the financial advantages that can be derived from the same. These benefits must be
protected. As Schultze (2008) correctly argues, the misconduct of one member can have
significant negative effects on the entire membership and can diminish the image of the
profession as a whole. Thus, it is not only in the profession‟s best interests that the
incompetent and unethical be eliminated, but also that the public perceives that the
profession operates properly in the public interest. However, across the globe, this seems
to be far from the case when it comes to the legal profession.
1.2 Problem Statement
Bagust (2013) studied the unfolding relationship between the legal profession and the
business of law by drawing on interviews with Australian major law firm corporate LSK
members. Although the study showed that the professional ethics of law firms are at risk
of being compromised, the role and contribution of bar associations to this state of affairs
4
was not investigated. Rapoport (2014) examined how incentives in law firms can affect
advocate behaviour and suggested some possible changes to default rules that might
improve the ethical behaviour of LSK members. The examination did not explore the
influence of bar associations in terms of continuous professional development and
disciplinary mechanisms on the ethical business conduct of members of the legal
profession. Rendleman (2013) discussed the tension between the American Bar
Association Model Rules of Professional conduct and the conflicting societal purposes
served by the rules regarding client protection and social justice. However, the study was
based on the western world which contextually differs from the Kenyan scenario.
In other industries, the influence of professional bodies on their members have been
examined such as the study by Gberegbe, Idornigie and Nkanbia-Davies (2016) who
investigated whether professional codes of ethics influence professional accounting
practice in Nigeria. The study found a significant relationship between professional codes
of ethics, punitive measures and professional accounting practice. A similar study in the
same country found that the accountancy professional ethical codes had the strongest
influence on the conduct of accountants (Akadakpo & Enofe, 2013). However, a study by
Van den Bergh and Deschoolmeester (2010) found that the presence of a code of ethics
among ICT professional bodies had a significant influence on their members‟ ethical
practices only in some cases and arrived to the conclusion that the presence of an ethical
code of conduct on ICT professional‟s behaviour was far from sufficient to assure ethical
behaviour in the ICT sector. This suggests that the influence of professional associations
on the ethical conduct of their members varied by industry.
A National Corruption Perception Survey in Kenya published by the Ethics and Anti-
Corruption Commission (2012) – the most up-to-date survey report containing findings
on corruption among professional groups – was an indictment to the legal profession. The
report ranked LSK members as the leading corrupt professionals ahead of nine other
professionals, including land surveyors, accountants, auditors, doctors and nurses. The
report is corroborated by another finding by International Bar Association (2010) which
found that 66.6% of survey participants who were members of the legal profession knew
of other legal professionals who had been involved in international corruption offences.
5
This dents the reputation of all LSK members and law firms in the industry and casts
doubts on the relevance of bar association in protecting the reputation of its members.
Despite the industry differences suggested in the study by Van den Bergh and
Deschoolmeester (2010), there is little research on the influence of professional bodies on
the ethical conduct of their members with respect to the legal profession in Kenya. There
seems to be a dearth of research interest into the effectiveness of professional associations
in ensuring the ethical conduct of its members towards preserving the image and prestige
of the profession. Gazley (2014) for instance, noted that very little empirical research has
been undertaken on the influence of the activities of professional associations on the
ethical practices of their members. This study sought to determine the influence of
continuous professional development, code of ethics and disciplinary sanctions conducted
by the LSK on the ethical business practices of LSK members.
1.3 Purpose of the Study
The purpose of this study was to determine the influence of professional bodies on the
ethical business practices of members of the Law Society of Kenya.
1.4 Research Questions
The study was guided by the following research questions:
i. What is the influence of the continuous professional development programs on
ethical practices of LSK members?
ii. What is the influence of code of ethics on the ethical business practices of
LSK members?
iii. What is the influence of disciplinary sanctions on the ethical business
practices of LSK members?
1.5 Scope of the Study
The research targeted active and inactive members of the LSK who were in private
practice, public practice and corporate practice. The research was undertaken in the
month of July 2016. The research was limited in scope to LSK members located in
Nairobi.
6
1.6 Significance of the Study
The study would be of immediate relevance to the following stakeholders:
1.6.1 Law Society of Kenya Officials
The activities of the LSK as a professional body are not supported by adequate empirical
evidence. It is was anticipated that the LSK would find the study invaluable in informing
their policies and strategies towards enhancing service delivery to its stakeholders in the
fulfilment of the association‟s legal and ethical mandate.
1.6.2 Members of the Law Society of Kenya
It was hoped that the participation of LSK members in this study and the findings of the
study would ignite a renewed sense of awakening among learned friends about the need
to preserve the integrity and prestige of the profession.
1.6.3 Other Bar Associations
Other bar associations would have an impression of how members perceive the
effectiveness of their services generally. This should give them a new impetus to seek to
improve their service delivery mandate in facilitating the dispensation of law as an
essential public good.
1.6.4 Academia/Researchers
Research on professional associations and in particular, bar associations is still nascent.
Therefore, future researchers who wish to extend studies in this sector might use the
findings of this study as a point of reference.
1.7 Definition of Terms
1.7.1 Profession
The term “profession” may be defined as an occupational group with some special skills,
usually with a monopoly over the practice and self-regulation with the objective end of
helping maintain the social order (Markova, Ford, Dickson & Bohn, 2013).
7
1.7.2 Professional
Professionals then are individuals working in a reasonably clear-cut occupational field
such as LSK members, engineers, accountants and medical doctors (Gazley, 2014).
1.7.3 Ethics
Ethics connote standards of right and wrong, moral conduct, duty and judgment
(Schultze, 2008).
1.7.4 Code of Ethics
Code of ethics refer to a form of external control that represents values collectively
imposed on individuals by professional associations, usually in written form (Cooper
2012).
1.7.5 Continuous Professional Development
A process of value addition to the capability of the professional through the increase in
knowledge, skills and personal qualities necessary for the appropriate discharge of
professional duty (Oshisanya, 2015).
1.7.6 Professional Ethics
Professional ethics refers to the knowledge defining what behaviour is appropriate within
a profession and offers practical guidance to determine the responsibilities as well as
specifying the qualification, knowledge and standards of behaviour and practice
considered acceptable and correct for a particular profession (Khani, 2014; Ojienda &
Katarina, 2016).
1.7.7 Legal Ethics
Legal ethics are the minimum standards of appropriate behaviour within the legal
profession that encompass the duties that members of the legal profession owe each other,
their clients, the courts and the public (Ojienda & Katarana, 2015).
8
1.7.8 Professional Bodies
Professional bodies are member-based organizations that champion both the interests of
its members and that of the public by setting standards and regulating the conduct of
members (Fisher, 2003).
1.8 Chapter Summary
This chapter has introduced the concept of ethics and professionalism within the scope of
professional associations. It has stated the problem, outlined the purpose and asked the
research questions. Further, it has considered the scope within which the study was
undertaken. Similarly, it has explained the significance of the research to various
stakeholders. Lastly, the chapter has defined some of the terms that were used. Chapter
two reviewed the related conceptual and empirical literature. Chapter three detailed the
research methodology. Chapter four presented the analysis and interpretation of data
while chapter five summarizes and discusses the findings and finally draws conclusions
from which the recommendations were made.
9
CHAPTER TWO
2.0 LITERATURE REVIEW
2.1 Introduction
This chapter reviews related literature with regard to professional associations and their
influence on professional conduct and ethics of the legal profession. It discusses
continuous development programs offered by bar associations, the disciplinary actions
taken by bar associations against unethical conduct and the information dissemination
role of professional associations towards awareness creation and enhancing the
professional image of the legal profession.
2.2 Influence of Continuous Professional Development Programs on Ethical
Business Practices of members of the Law Society of Kenya
Continuous professional development (CPD) is defined as “any process or activity that
provides added value to the capability of the professional through the increase in
knowledge, skills and personal qualities necessary for the appropriate execution of
professional and technical competence” (Oshisanya, 2015, p.808). McGuire, Garavan,
O‟Donnell and Murphy (2001) noted that CPDs are of particular importance to sectors
which rely heavily on their employees‟ ability to keep at speed with frequent changes in
the structure and nature of their work within dynamic environments.
The argument in favor of CPD is that law schools provide the beginning, not the full
development of students‟ professional competence and identity (Sullivan, Colby, Wegner,
Bond & Shulman, 2007). According to Waraich (2013), CPD is a tool that benefits LSK
members and paralegals and is an essential component of the commitment they make to
the public to practice law or provide legal services competently and ethically. CPD is the
means by which members of professional associations maintain, improve and broaden
their knowledge and skills and develop the personal qualities required in their
professional lives (Ofosu, 2011).
Ofosu (2011) further extends the definition of CPD, identifying that it is the conscious
updating of professional knowledge and the improvement of professional competence
10
throughout a person‟s working life and a commitment to being professional, keeping up
to date and continuously seeking to improve. McGuire et al. (2001) argued that the speed
of change within the legal profession means that LSK members must constantly stay
abreast of changes in current laws and the enactment of new laws as well as legal
precedents in the courts. CPD is thus seen as the insurance that provides the professional
the skills and knowledge to remain up to date in an ever changing world, enhancing the
reputation of the profession, ensuring that they are committed to learning as part of their
work and to encourage them to look up to improved and enhanced performance. Trevino
and Nelson (2010) equates CPD to an ethical fitness program: just as the physical fitness
program challenges your muscles, balance and coordination, an ethical fitness programs
challenges your ethical thinking and leads to improvement.
According to Friedman (2013), the nature of professional work, particularly for those who
deal directly with clients, means precisely that what is required is not easily anticipated. It
is almost impossible in advance to test a professional on all the techniques and resources
required to deliver all the services they may be asked to provide in the future, even if that
future is very near. Professionals themselves must seek out educational opportunities that
suit the direction in which their particular practice is leading.
Friedman (2013) note that opportunities are presented to professionals in the form of
journals and magazines sent to them by their professional body, the list of activities,
events and courses organized or accredited by their professional body and other sources
of knowledge such as suppliers of materials used in practice or different kinds of
education providers. Professionals must expend effort to take up these opportunities.
Professional development incorporates different modes of training such as in-service
training, orientation programs, refresher courses, conference presentation, workshop
attendance, research work, peer learning and self-development (Khan, 2014).
2.2.1 Self-development
MacFarlane (2008) asserts that the competence to apply informed and educated judgment
is a fundamental principle of the legal profession that rests on often tacit norms and
values about appropriate behaviour. However, most ethical codes that govern the legal
profession ignore the part of discretion in professional decision-making. The legal
11
profession is however characterized by ethical dilemmas that arise in the course of
managing client relationships which are usually not easy to anticipate and are subject to
numerous contextual variables. Because of this, general rules are not especially helpful in
such situations thereby calling on practitioners to engage in self-development through
communities of practice.
According to Trevino and Nelson (2010), it is important that the individual intends to be a
good person and exerts effort to develop him or herself as a moral agent, to associate with
others who do the same and to contribute to creating an organizational context that
supports ethical behaviour. Further arguing the case for self-development, MacFarlane
(2008) observe that knowledge of the rules contained in codes of conduct does not
guarantee good behaviour. Thus, sometimes, the existence of ethical codes serves to limit
or inhibit individual reflection and reasoning about moral problems by limiting
assessment to whether or not a formal rule has been broken. Thus, codes are important
but insufficient element in the construction of professional identity, values and norms.
Codes also provide little or no guidance on how to resolve tensions or conflicts between
different rules such as the rule on confidentiality and the duty to the court. Codes are also
limited in how far they can assist the identification of new and emerging dilemmas for the
profession as a result of changes in practice.
Further, being a professional has privileges that come with responsibilities to uphold and
protect the standards and continue to develop them in a way that contributes to the trust,
respect, and honour associated with them and with the profession (Trevino & Nelson,
2010). While many characteristics attributed to professionals represent praiseworthy
personal traits to which any moral person should aspire, the characteristics are ultimately
those of individuals, not groups; which implies personal initiatives for development is
part of the expectations of the profession (Morgan, 2010).
2.2.2 In-service training
According to Crowley (2013), learning from experience „on the job‟ is often supported
within organizations, such as, by appraisal, either in pre-qualification phase or as
preparation for new career challenges. It is assumed that a career in „professional
practice‟ involves an ideal of sophisticated process of knowledge acquisition, higher level
12
skill development, increased problem-solving competence and ethical sensitivity, all
underwritten by a spirit of public service. The process of an individual becoming a
professional normally involves a mixture of theoretical and practical knowledge,
increasingly involving obtaining a degree, or equivalent qualification and serving a
formally recognized trainee period.
According to McGuire et al. (2001), law firms are obliged to put appropriate structures
and systems that enable CPD to happen as legal practitioners need the support of their
managers on focusing on areas where CPD interventions are necessary. During in-service
training, Johnson (2011) argues that LSK members who are in charge of their firms are
also supposed to monitor the ethical behaviour of those who work there. They‟re
supposed to make sure that client confidences stay protected, conflicts are avoided, fees
are reasonable, and people are working competently and diligently. Typically, the express
purpose of most CPD schemes is the enhanced professional competence of the
occupational workforce. McGuire et al. (2001) suggest that this can best be accomplished
at the workplace rather than a more formalized off-the-job intervention. However, some
of the objections raised by law firms, as identified by this author include financial cost of
CPD programs and productive time lost when the employee is away from work on CPD
activities. Further, while solicitors are advised to plan their training activity with the
needs of their firm and its business objectives in mind, employers are not obliged to pay
for or allow time off to attend CPD courses (Crowley, 2013).
The aim of in in-service training, according to Herring (2014) is to research and apply
knowledge of the law and legal practice accurately and effectively; identify the clients
objectives and different means of achieving those objectives while being aware of the
financial, commercial and personal priorities and constraints to be taken into account as
well as the costs, benefits and risks involved in transaction or course of action; understand
whether the rules of professional conduct may impact and be able to apply to them in
context; demonstrate their knowledge, understanding and skills in the areas of
professional conduct and regulation; reflect on their learning and identify their learning
needs. Thus, CPD schemes intended to address deficiencies and those that aspire to
excellence in professional performance need to focus much more closely on individuals,
their needs and on customized solutions that impact on behavior (Crowley, 2013).
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2.2.3 Conferences and Seminars
In light of the changing nature of the legal sector and psychological contract between the
public and legal practitioners, bar associations are increasingly tasked with the important
role of organising training events for their members and ensuring that members are kept
abreast of changes occurring within the profession (McGuire et al., 2001). Much of the
CPD within the legal profession takes the form of LSK members remaining up to date
with the latest developments in the law and practice, often delivered through conferences
and training seminars (Herring, 2014). Young (2010) proposed that conferences or
continuing education programs can focus on one or more of the following learning
objectives of professional ethics training: gaining mastery of the rules, which create the
boundaries of, or lower limits, to ethical conduct; learning to avoid conduct that will put
an advocate before a disciplinary board; understanding that avoiding conduct that will put
an advocate before a disciplinary board is not the same as engaging in conduct consistent
with professional ethics, professional responsibility or good practice; and gaining an
appreciation of the moral, social and historical content involved in the rules, values and
norms of professionalism.
In Kenya, the CPD program rolls out an annual calendar which covers different law
topics in the format of seminars and lectures. The sessions are carried out in various
towns in the country and LSK members and non-LSK members experts in various
professional fields volunteer to present at the sessions. The CPD Calendar has over sixty
sessions in fifteen towns in Kenya. The CPD program also rolls out supplementary free
programs throughout the year, many of which are organized in partnership with
development partners (LSK, 2016).
2.2.4 Publications
According to Crowley (2013), one of the key roles of professional bodies is
communication and engagement. Dissemination of legal information is intended to
increase awareness by both members of the profession and the public about the ethical
obligations of practitioners as well acquire legal knowledge that would enhance public
perception of the profession and its roles. Bar associations adopt various ways of creating
legal awareness including publication of code of conduct and ethics as well as awareness
14
creation through the association‟s website, newsletters, magazines and also direct
engagement with members of the public through legal awareness weeks.
Harris (2004) suggests that newsletters and magazines are also ideal channels for legal
advocacy and public awareness campaigns. These channels increase awareness of the
profession and existence of the professional association, its aims and scope. It also helps
the public become aware of how the association wishes to be perceived and to link this
perception with the desire to be associated with the profession. Most importantly, these
channels are intended to help the association‟s stakeholders to understand what the
association is doing and how and why the association is doing it.
Professional associations protect the economic interests of their members, albeit
indirectly, when they attempt to improve the image of the profession through initiatives
such as legal awareness campaigns through forums whereby the members engage directly
with the public (Anheier & Toepler, 2009). This stems from the notion that the conduct of
members of the legal profession should not only meet the limits required by the
professional codes of conduct, but they should also transcend those requirements to help
maintain, or in some minds restore, the public‟s confidence in attorneys and the legal
system (Grenardo, 2012).
Consistent with views of Grenardo (2012), many bar associations run awareness and
publicity programs to promote the image of the legal profession. In Tanzania for example,
the Tanganyika Law Society (2016) initiate new LSK members to a commitment of
promoting rule of law, access to justice and shaping the development of the legal
profession through volunteering programs intended to build capacity (for example,
through general legal literacy and legal awareness among marginalized sections of the
community), lobby for change and highlight issues of concern to the public, the media
and the legal community. In some countries such as the United States, bar associations
even have a division for public education that promotes public understanding of law and
its role in society through educational materials, resources and programs (Bar Leadership
Institute, 2015).
15
In Kenya, the Law Society of Kenya runs a legal awareness week whose objective is to
promote the mandate of the Law Society of Kenya by extending legal literacy and
awareness to members of the public as well as advise the public on various aspects of the
Law including Civic Education, Civil, Criminal and Family/probate. During the Legal
Awareness Week, organizations involved in legal work are given a chance to show-case
their services with a view to promoting a better understanding by the public of the role
LSK members play in the advancement of legal literacy and advocacy. During this
awareness week, members of the public receive pro-bono services from members of the
LSK (LKS, 2016).
2.2.5 Compliance with Continuous Professional Development
Crowley (2013) observes that existence of CPD requirements speaks to various audiences
about the ambition and place of the occupation. It offers reassurance to stakeholders,
including the public, that the profession takes quality assurance seriously. It also sends an
important message to members, providing confirmation that the professional body retains
professional aspirations, guidance and programs capable of realizing and sustaining them.
McGuire et al. (2001) observes that professional bodies are increasingly adopting formal
continuous professional development schemes to encourage and compel members to stay
current and enhance their competence. According to Crowley (2013), satisfactory
completion of CPD activity can be used as a filter for removing members of the
profession who are not sufficiently engaged with their calling or as a post-qualification
hurdle, for example as a prerequisite for obtaining a license to conduct particular kinds of
work. In Scotland for example, all solicitors are required to complete 20 hours of
continuing professional development each year (Newman, 2012). In Kenya, regulation 11
of the LSK members Act (Continuous Professional Development) Regulation, 2004
states: every applicant for an annual practicing certificate shall be accompanied by proof
that the applicant has secured five units of continuing legal education during each
practicing year (LSK, 2016).
Mulroy (2008) asserts that one of the chief impediments to achieving compliance with
disciplinary code is not venality but ignorance. In his view, too many LSK members
know too little about the disciplinary code and its application to their practice and as such,
16
the advocate who thinks his own sense of right or wrong will provide a satisfactory guide
is likely to be greatly surprised. McGuire et al. (2001) concur with this view, arguing that
some LSK members, especially younger members of the legal profession, may lack
understanding of the value of CPD. This has necessitated the need for incorporating ethics
training in the CPDs. In its year 2006 calendar of events, the LSK incorporated ethics and
discipline as a topic offered in every 2 day seminars (LSK, 2016). However, although
LSK members must attend CPD sessions, there is little attempt to ensure they have
understood what they have heard (Herring, 2014).
2.3 The Influence of Code of Conduct on the Ethical Business Practices of
members of the Law Society of Kenya
According to Cooper (2012), code of conduct and professional ethics are a major form of
external control that represents values collectively imposed on individuals by professional
associations. The appeal of codes, as noted by MacFarlane (2008), is that they can and do
establish some core principles for the profession, and the similarity between general
statements to be found in each code setting out the advocacy obligation of counsel is a
good example of the consensus that can be achieved around this core principle. Ethics
codes are meant to provide guidance, not meant to be absolute and this provides a
challenge both in the enforcement and in the use of codes (MacDowell, 2009). In this
respect, many codes carry only the authority of professional peer esteem and establish no
formal means of enforcing their prescriptions (Cooper, 2012).
In Kenya, the LSK is currently drafting a code of ethics and conduct for LSK members,
which is in its second draft (LSK, 2016). It is a 67-page document which defines
professional misconduct and details the overriding values and principles of professional
conduct, the rules of professional conduct and guidance on the interpretation of the rules.
In essence, the code of conduct sets standards for the legal profession and provides a
guide to the public in determining what is expected of a member of the legal profession
and judging professional misconduct.
2.3.1 Requirement for a practicing certificate
The LSK (2016) code of conduct provides that it is professional misconduct for any
person who has been admitted as an advocate to engage in the practice of law without a
17
practicing certificate valid for the practice year or to allow his/her name to be used by
persons not qualified to practice law to offer legal services. According to Ojienda and
Katarina (2015), the possession of a practicing certificate issued by the LSK is a
precondition for offering legal services in Kenya. The absence of this document
disqualifies a member from signing any legal document or appearing in any court of law
as an advocate irrespective of whether their name appear in the advocate‟s roll. This also
means that the validity of the certificate is subject to whether the name of advocate in
question exists on the advocate‟s roll. The responsibility of obtaining this certificate rests
with the individual advocate without excuse. However, an important distinction made by
the authors is that LSK members who work in the public service need not have a current
practicing certificate, but for those working in the private sector, this is mandatory for
their practice to be legally enforceable.
2.3.2 Advertising and marketing
With respect to advertising and marketing, the code of conduct drafted by the LSK (2016)
stipulates that except to the extent permitted by the LSK members (Marketing and
Advertising) Rules or any amendment or replacement thereof, it is professional
misconduct for an advocate directly or indirectly to apply or seek instructions for
professional business or do or permit in the carrying on of his practice any act or thing
which can be reasonably regarded as touting or advertising or as calculated to attract
business. The argument in favour of the code of ethics governing advertising and
marketing is that the legal profession, as with other distinct professions, must maintain
dignity and that the competitive nature of advertising and marketing are not conducive for
dignity as competition lower prices with the effect that the quality of the services
provided is likely to diminish thus tarnishing the name of the profession (Ojienda &
Katarina, 2015). However, Cannon (2008) argues that this rule is often flouted and legal
advertising and marketing have become pervasive, with many large law firms having
their own in-house legal marketing personnel. Some commentators have gone to the
extent of claiming that advocate advertising is big business (Engstrom, 2011).
A survey of attitudes of Hong Kong consumers towards advocate advertising returned
mixed results, with some consumers perceiving the advertisements as helpful while others
perceive the legal practice as having become more commercialized (Chan, Leung, Tsang,
18
& Yip, 2012). However, attitudes towards advocate advertising on TV is more negative,
with research in the USA indicating that advocate advertising on TV was far more
responsible for people‟s decreased respect for the legal system than any other form of
advocate advertising, and majority of members of the legal community in most states
remained negative regarding the advertising of legal services (King, 2014).
2.3.3 Competence and diligence in client care
According to the LSK (2016) draft code of conduct, an advocate is under a duty to
provide the legal services in respect to which he/she is engaged competently, diligently
and ethically. Failure to do so will be dealt with as professional misconduct. Ojienda and
Katarina (2015) explain that an unqualified person who holds himself as a professional
thereby offering professional services where they are not so qualified commits an offence
of disproportionate consequences. The spirit behind this clause is to ensure that clients are
protected from unnecessary harm, LSK members are safeguarded from improper
accusations and that the provision of legal services is consistent with the public interest
(Johnston, 2015).
2.3.4 Professional fees
The LSK (2016) makes it explicit that with respect to professional fees, charging less than
the scale fees for professional services rendered, constitutes professional misconduct. At
the same time, charging unjustifiably high fees, which is not commensurate with the
professional services rendered, constitutes professional misconduct. The code of ethics
also regulates competition by setting the minimum amounts that LSK members are
supposed to charge for their services with the intention to prevent undercutting and other
agreements that are contrary to ethical standards of professional conduct that may tarnish
the image and prestige of the profession (Ojienda & Katarina, 2015). This includes the
engagement of anti-competitive behaviours that may affect the quality of services
delivered.
2.3.5 Fiduciary duty over client’s funds and other property
The code of conduct as documented by the LSK (2016) is categorical that advocate shall
not appropriate or convert any funds of the client held in trust or otherwise under the
advocate‟s control without the express authority of the client. Further, any unauthorized
19
appropriation or conversion is professional misconduct. Ojienda and Katarina (2015) hold
that fiduciary relationships are sensitive and are based on trust. Since the professional has
a higher bargaining power in the relationship, the recipient of such services should be
protected from potential abuse. This means that the interest of the clients are paramount
and their work is to be handled in a professional manner. The fiduciary nature of the
relationship calls for the advocate to act as a trustee for their clients in all circumstances
in utmost good faith and due diligence when dealing with the clients funds and other
property.
2.3.6 Conflict of interest
Weiss (2009) argues that conflict of interest is one of the most salient concepts an
advocate is taught to check out for and mitigate. Campbell (2005) suggests that a conflict
of interest arise when an advocate‟s self-regarding interest comes into conflict with his or
her fiduciary duties or when he or she has two fiduciary responsibilities which are in
competition with each other. Professions are assumed to exist primarily to serve the best
interest of the client and therefore, a lot of emphasis is put on quality (Ojienda &
Katarina, 2015). Thus, professionals, especially LSK members, have an obligation to
accord the interest of the public pre-eminence whenever a conflict arises between the
interest of the individual and that of the public. According to the LSK (2016) code of
conduct, an advocate shall not advise or represent both sides of a dispute and shall not act
or continue to act in a matter when there is a conflicting interest, unless he/she makes
adequate disclosure to both clients and obtains their consent. Further, the Advocate who
engages in another profession, business or occupation concurrently with the practice of
law shall take care not to allow such outside interests to jeopardize his/her professional
integrity, independence or competence or the standing of the legal profession.
2.3.7 Confidentiality and advocate-client privilege
Confidentiality is defined as information protected under advocate-client relationship and
includes any secret or privileged information revealed by the client to the attorney and
thus, the attorney has a duty to preserve such information in accordance with the code of
ethics that governs the same (Miller, 2014). The rule of confidentiality stipulates that
communication between the advocate and client is protected by the rule on confidentiality
of Advocate-client communication. The Advocate has a duty to keep confidential the
20
information received from and advice given to the client. Unauthorized disclosure of
client confidential information is professional misconduct. At the same time the Advocate
has a duty to safeguard against the abuse of Advocate-client confidentiality to perpetrate
illegal activity (LSK, 2016).
2.3.7 Fidelity to the law and due process
The LSK (2016) code of conduct explains that an advocate is an officer of the court and
has a duty of fidelity to the law. Therefore the advocate shall discharge his/her duty to
represent the client in adversarial proceedings as well as in non-contentious matters in by
fair and honourable means and without illegality or subversion of the due processes of the
law. This applies too where a conflict exists between the advocate‟s obligations to the
client and his obligation to the court (Ojienda & Katarina, 2015). Allegiance to court and
fidelity to the rule of law is emphasized and overrides the advocate‟s private opinion
about the credibility or merits of their client‟s case (LSK, 2016).
2.3.8 Professional undertakings
In the discharge of their duties, LSK members should address themselves to a number of
questions that Ojienda and Katarina (2015) raise. These are: is the conduct in question
prohibited, and if yes, what is the penalty? Does the conduct in question raise moral
and/or legal concerns? How should an advocate act in the face of two equally conflicting
situations? Should the advocate be held liability for acting in a particular manner? And
how ought an advocate to act under such circumstances? The advocate has a duty to
honour any professional undertaking given in the course of his/her practice in a timely
manner. The obligation to honour a professional undertaking remains until the
undertaking is performed, released or excused. To fail to honour an undertaking is
professional misconduct (LSK, 2016).
2.3.9 Social media
In the USA, it has been reported that experienced LSK members and seasoned judges
have suffered professional discipline for the improper use of social media including
reprimands, disbarments, suspensions (McCauley, 2010). According to the LSK (2016)
code of conduct, inappropriate use of social media, particularly in a manner that
undermines the standing and dignity of the legal profession, is professional misconduct.
21
Material and content drawn from social media sites may be taken into account by
regulatory authorities in dealing with a charge of professional misconduct.
2.3.10 Honesty and integrity
According to Shapiro (2012), dishonourable conduct on the part of the advocate either in
private or professional life will reflect adversely upon the advocate, the integrity of the
legal profession and the administration of justice. This has often been the case as surveys
of public opinion repeatedly finds resentment and low respect for the legal profession,
whereby members of the legal profession have been depicted as unethical, dishonest,
greedy, arrogant and heartless opportunists bent at profiting from the misery of others, the
LSK (2016) provides that the advocate shall at times maintain the highest standards of
honesty and integrity towards clients, the court, colleagues, all with whom the advocate
has professional dealings and the general public. The rationale for this clause is that
honesty and integrity are the hallmarks of a member of the legal profession. By adhering
to the highest standards of honesty and integrity a member of the legal profession will
promote trust in the profession.
2.4 The Influence of Disciplinary Sanctions on the Ethical Business Practices of
members of the Law Society of Kenya
Besides CPD, disciplinary cases and court decisions involving advocate malpractice,
disqualification and break of LSK members‟ duties also contribute to the body of law that
governs advocate conduct (Cannon, 2009). The argument fronted by Saltzman, Furman
and Ohman (2015) in favour of professional sanctioning relate in part to the cost of
undertaking malpractice litigation and the likelihood of recovering damages through
litigation. They argue that, professional disciplinary action may well be a better way to
protect both the public and the profession in two ways. First complains may be filed with
licensing authorities and professional associations not only by a party who was directly
aggrieved by the member‟s actions or failures to act but also by colleagues and members
of public; thus protection may be broader. Secondly, in cases where complaints are
sustained, professional associations have the authority to impose sanctions related to
ability to practice and to require corrective actions on the part of the member.
22
According to Mulroy (2008), a disciplinary code should serve two distinct functions.
First, the code and the enforcement process should, to the extent possible, deter LSK
members from engaging in acts involving moral turpitude and exclude those from the
profession who are guilty of such act. Second, the code should prevent LSK members
from performing acts which, while they may not be wrong or immoral in themselves,
might lead to the possibility of direct or indirect injury to clients, the public, the legal
system or the profession. Herring (2014) however identify a number of reasons why
ethics have played a relatively small part in legal education. The first is the general
feeling that if a person is of a dishonest disposition, then there is no point teaching him or
her about honesty. Herring argues that for many ethical issues, our consciences or
instincts will tell us what to do and encouraging people to follow values that is more
reliable than setting down rules. Teaching ethics in this case is therefore teaching the
obvious. Secondly, Herring suggests that ethical responses must also be sensitive to the
particular contexts and individuals involved. That is, it may be more ethical to encourage
LSK members to seek a solution to dilemmas that work for the good of the particular
client in the particular context than to require them to follow abstract rules.
Disciplinary actions include: disbarments, suspensions, public reprimands and judicial
actions, the purpose of which is to protect the public from professionals that are not
worthy of their trust, and to protect the reputation and privileges of the whole profession
by ridding the profession of unethical individuals (Parker & Evans, 2013).
2.4.1 Disbarment
According to Cannon (2009), disbarment is the most severe sanction which means
rescinding of an advocate‟s license to practice. Thus, this sanction is only imposed for the
most egregious violations or when there is a long-term pattern of serious unethical
conduct. It is invoked in the case of extreme professional misconduct, certain kinds of
criminal conduct or excessive violations of the rules of professional responsibility (Miller,
2013). Although disbarment is in theory “permanent”, most admitting authorities do
occasionally re-admit a disbarred advocate after some period of time if the advocate can
demonstrate complete rehabilitation (Cannon, 2009). A practitioner who is completely
candid with the profession and the court about their past misbehaviour, acknowledges that
it was wrong and shows remorse, contrition and demonstrated change of behaviour can
23
indeed be given a much lesser sanction than might have been expected given their
misconduct, as they have shown that they have redeemed their character (Parker & Evans,
2013).
Previous research on disbarment have yielded mixed views with regards to whether a
professional body should burden itself with the trouble and expense of disbarring LSK
members in contrast to merely expelling them from the association. A report published in
the US concerning New York County Lawyers Association found that some members
believed that the expense of disbarment proceedings was an unnecessary tax upon the
association while others believed that the association should hold only its own members
to strict accountability and thereby create two classes of LSK members in the community:
those of approved integrity and those of questionable integrity (County Lawyers‟
Association Ethics Institute, 2010). In this case, membership in the association is a badge
of integrity which offers a pecuniary advantage.
The argument in favor of disbarment is that it is an appropriate response to serious
misconduct since it is better to cast someone out of the profession than punish them, even
severely, while allowing them to remain in the profession (Parker & Evans, 2013). This is
often the case when the member has had a record of professional misconduct and a string
of violations that makes his or her membership untenable. Citing a case of disbarment in
the US, Grenardo (2012) found that as a result of violation of the rules of conduct, prior
disciplinary history, the multiple cases and clients involved, failure to participate in the
disciplinary proceedings or providing false statements, and indifference to making
restitution, an advocate was disbarred from practice. In another case cited by the author,
an advocate was disbarred based on multiple counts of misconduct including altering
evidence, causing a witness to unknowingly give false testimony, charging clients
excessive fees, stealing clients‟ money, neglecting clients, failing to prosecute clients‟
cases, misrepresenting facts to multiple courts and asking clients for sex as payment for
legal services.
2.4.2 Suspensions
Short of disbarment, suspension is a serious disciplinary sanction in which an attorney
who has violated an ethical rule or a law is prohibited from practicing law in the state for
24
a specified or an indefinite period of time (Miller, 2013). It is considered the second most
severe sanction (Cannon, 2009). Some authorities also have the option of imposing
probation, under which the disciplined attorney may continue to practice on the condition
that certain requirements are met, such as restitution of injured clients, passing an ethics
examination, attending ethics “school” or participating in counselling. According to
Kauffman (2013), suspensions can occur for a variety of intentional and unintentional
acts of misconduct and can range from a month to a few years. Professional associations
can also revoke credentials that have been awarded and they can authorize publication
about the members who have been sanctioned, including the name, the basis for the
sanction and the nature of the sanction (Saltzman, Furman & Ohman, 2015).
2.4.3 Reprimand
Cannon (2009) argues that reprimand is the mildest sanction and this is whereby the
unethical advocate is warned that the conduct at issue will not be tolerated. This may be
made in public by placing in the public record and publishing in a bar journal or legal
newspaper, or private by confidentially communicating in writing to the attorney. In
either case, the reprimand becomes part of the attorney‟s record. A reprimand is
considered further in determining the appropriate sanction if other violations occur. A
study of disciplinary actions against advocate misconduct conducted in America showed
that majority of the actions assumed the form of reprimand; with public reprimand
accounting for 41% of the disciplinary actions in the year 2009 while private reprimand
accounted for 14 percent (Grenardo, 2012).
As a form of public reprimand, the law society of Kenya published a press release on
misconduct at the Supreme Court (LSK, 2015). The press release noted in a case where
Supreme Court judges threatened to go on strike is a gross misconduct and misbehaviour
that warranted their removal from office. The argument was that the authority assigned to
state officers is a public trust that is to be exercised in a manner that demonstrates respect
for the people. Therefore, such people should act in a manner that brings honour and
dignity to their office and the country (LSK, 2015).
25
2.4.4 Disciplinary committee
Bar associations are professional associations with enforceable codes of conduct, usually
with established boards associated with enforcing ethics violation charges brought against
a member by another member or a member of the public (MacDowell, 2009). However,
the degree to which an ethics code has authority to guide behaviour depends upon the
ability of the organization to ultimately police itself. A review of professional
associations in Africa by Koechlin (2013) indicated that the associations were diffident in
actually endorsing disciplinary measures. Further, there was tangible preference of all
representatives to address cases of misconduct more informally, through peer pressure,
rather than enact a formal disciplinary procedure. In a report on statistics regarding
attorney discipline from advocate disciplinary agencies across the United States, many of
the complaints filed, which can be filed by clients, other LSK members or even judges,
were dismissed for lack of jurisdiction and many cases that were not initially dismissed
based on lack of jurisdiction but were investigated, also resulted in case dismissals
(Grenardo, 2012).
In Kenya, the LSK (2016) specifies that where a case of professional misconduct on the
part of an advocate has been made out, the Disciplinary Tribunal may order that: such
advocate be admonished; suspended from practice for a specified period not exceeding
five years; or the name of such advocate be struck off the Roll of LSK members; or that
such advocate pay a fine not exceeding one million shillings, or such combination of the
above orders as the Committee thinks fit. Further, the LSK recently drafted a code of
ethics which states inter alia that, the Code may, pursuant to the provisions of section 55
of the LSK members Act, be enforced against an Advocate by LSK. The Code may also
be enforced by the Lawyers‟ Complaints Commission established by section 53 of the
LSK members Act. The Chief Justice or a judge of the High Court may also, in exercising
disciplinary powers over LSK members under section 56 of the Act, resort to the Code.
Its enforcement lies mainly in a finding, by the regulatory bodies, that by failing to
comply with the provisions of the Code, an advocate is guilty of professional misconduct.
2.4.5 Judicial actions
A study of the bar associations in America by Mulroy (2008) found that the increased
public awareness that criminal investigations of attorney misconduct do not protect the
26
public and the judicial system from unethical LSK members and much more needed to be
done to raise the bar‟s level of sensitivity to its ethical responsibilities. It reported the
existence of a scandalous situation that requires the immediate attention of the profession.
With few exceptions, the prevailing attitude of LSK members towards disciplinary
enforcement range from apathy to outright hostility. Disciplinary action is practically
non-existent in many jurisdictions, practices and procedures were antiquated, many
disciplinary agencies had little power to take effective steps against malefactors.
The LSK (2016) acknowledges in its second draft of the code of ethics and conduct for
LSK members that the effectiveness of the Code will depend on the extent of belief in,
and adherence to, the principles and values outlined therein; the individual legal
professional‟s conscience and integrity; an ethical culture within the legal profession; and
robust interpretation and enforcement by the profession‟s regulatory bodies. As a result,
in addition to direct discipline by the state bar, an attorney may be prosecuted criminally
for violations of statutes governing attorney conduct or conduct that may relate to an
attorney‟s practice through judicial actions (Cannon, 2009).
A study of disciplinary actions in the US undertaken by Young (2010) showed that errant
LSK members routinely are held accountable for their misconduct. Aggrieved clients
have a fair chance at compensation via actions for damages or restitution if they have
meritorious claims. Moreover, the legal system generally operates honestly and in
accordance with established legal principles. Judicial decisions are usually based on
legitimate factors aired in adversarial settings, not on personal relationships, bribes, secret
communications or political manipulations. The public expect LSK members and judges
who fall short of the standards of conduct to be held accountable typically those
expectations are not disappointed. However, Rhode (2003) reported that less than a third
of Americans think the legal profession does a good job disciplining LSK members.
2.5 Chapter Summary
This chapter has reviewed the pertinent literature concerning the study. It has looked at
CPD programs including self-development, in-service training, conferences and seminars.
It has also discussed disciplinary actions taken by bar associations which range from
disbarment, suspension and public reprimand to judicial action and considered the role of
27
disciplinary committees. The chapter has further discussed information dissemination
initiatives such as awareness weeks, publication of code of conduct, use of website,
newsletters and magazines. In the next chapter, the research methodology is discussed.
28
CHAPTER THREE
3.0 RESEARCH METHODOLOGY
3.1 Introduction
The purpose of this study was to determine the influence of professional bodies on the
ethical business conduct of their members based on the case of the Law Society of Kenya.
This chapter describes the blueprint for the collection and analysis of data. This includes a
discussion of the research design, the population and sample, data collection methods,
research procedures and the data analysis methods.
3.2 Research Design
Cooper and Schindler (2014) define research design as the overall plan adopted by the
researcher to carry out the research. For the purpose of this study, descriptive correlation
research design was used. This research design leverages the advantages of both
descriptive research approaches and correlational research designs in order to explain the
natural occurrence of phenomenon as well as explain the relationships between the
variables of a study (Tavakoli, 2013). The independent variables were continuous
professional development, disciplinary action channels and information dissemination
whereas the dependent variable was ethical business conduct. This research design was
chosen because of the need to identify and describe what influence professional
associations have on the ethical business practices of their members. The dependent
variable for the study was therefore ethical business practices while the independent
variables were: CPD programs, code of ethics and disciplinary sanctions.
3.3 Population and Sampling Design
Population and sampling designs are concerned with the way the sample is constituted
and how individuals in the sample are selected from the target population. A sampling
design provides a detailed plan for arriving at a representative sample and specifies the
type of sample used, the sampling frame, units needed from the population and the
precise technique of selecting the units (Cooper & Schindler, 2014).
29
3.3.1 Population
According to Saunders, Lewis and Thornhill (2012), the term “population” means all the
subjects about which the researcher wishes to draw some inferences. In this study, the
population was all the active and inactive LSK members as of the year 2016 totalling to
11,120 LSK members. According to the LSK (2016), an advocate is active if he or she is
certified to practice for the indicated year whereas an inactive advocate is one who has
not been certified to practice for the indicated year. Both were targeted because both are
valid members of the LSK. The population distribution is shown in table 3.1.
Table 3.1 Population Distribution
Practicing Status Population Percent
Active 6,712 60.0
Inactive 4,408 40.0
Total 11,120 100.0
Source: LSK (2016)
3.3.2 Sampling Design
3.3.2.1 Sampling Frame
A sampling frame is an objective list of all the subjects from which the researcher wishes
to make some inferences (Denscombe, 2010). This list was obtained from the LSK online
database. The LSK maintains a regularly updated roll containing all the names of LSK
members including those active, inactive, suspended, struck off, deceased and unknown
(LSK, 2016).
3.3.2.2 Sampling Technique
This study applied stratified random sampling technique. This technique takes into
consideration the different subgroups of people in the population to guarantee that the
sample fairly represents the population on specific characteristics (Saunders et al., 2012).
This is achieved by dividing the population into sub samples called strata. In this case, the
strata were based on practitioner status – active (LSK members certified to practice as at
the time of the research) and inactive (LSK members not yet certified to practice as at the
time of the research). According to the LSK (2016), LSK members are certified to
practice for the year after attending at least 5 continuous professional development units
30
unless exempted. Inactive LSK members were included in the sample because they
represent a sizeable proportion of the LSK membership. Within strata, simple random
sampling technique was applied. The random sample in each stratum was generated using
SPSS computer software by clicking the “Compute Variable” command on the
“Transform” menu.
3.3.2.3 Sample Size
Tavakoli (2013) defines sample size as the subjects selected from the population to
constitute a sample. Gill and Johnson (2010) proposed the following formula which was
used in this study to determine a representative sample:
N = P(100-P)Z2
E2
Where;
N = sample size required
P = the percentage occurrence of a state or condition, always recommended at 50%
E = the percentage maximum error required. This denotes the level of precision or the risk
the researcher wishes to accept. In this case, 5% margin of error was allowed.
Z = the Z value corresponding to level of confidence required. This is the confidence that
the results revealed by the study findings are accurate. Z is the statistical value
corresponding to the level of confidence required, typically 95% (equal to 1.96). This
would imply, for instance, that if the population were to be sampled repeatedly, the
average value of a variable obtained would be equal to the true population value by 95%.
Substituting for the above formula;
N = 50(100-50)1.962
52
N = 384
Therefore, the total sample was 384 LSK members. This was proportionately allocated
based on the population size of the strata as shown in table 3.2.
31
Table 3.2 Sample Size Distribution
Strata Total Population Percent Sample size
Active 6,712 60.0 230
Inactive 4,408 40.0 154
Total 11,120 100.0 384
Source: Author (2016)
3.4 Data Collection Methods
A structured questionnaire was used as the data collection tool. This was simply a
predetermined set of questions designed to capture data from the research subjects in
order to measure key characteristics of a phenomena, answers of which are often limited
to a few predetermined, mutually exclusive and exhaustive outcomes (Hair, 2015). That
is, each answer has a separate response category and each response category has been
included for every possible answer. According to Cooper and Schindler (2014), this form
of questioning allows researchers to learn the opinions, intentions and expectations of
respondents.
The instrument was developed by the researcher. A questionnaire with a 5-point Likert
rating scale was used to collect data. The questionnaire was divided into four sections.
The first section comprised of respondents‟ demographics such as gender, age, education,
practicing status and number of years in practice. It also contained items seeking
perceptions about the legal profession and members‟ professional conduct. The second
section comprised of a set of items related to the first research question which seeks to
establish the influence of continuous professional development on the ethical business
conduct of members of the LSK. The third section contained items with respect to the
second research question concerned with establishing the influence of disciplinary action
channels on the ethical business conduct of LSK members. The last section was made up
of items with regards to the third research question, namely; what is the influence of legal
information dissemination on the ethical business conduct of LSK members?
32
3.5 Research Procedures
The researcher obtained permission from the Law Society of Kenya to collect data from
its members. An introductory letter was obtained from the university declaring that the
researcher was a student and the study findings would be used for academic purposes
only. The identity of the respondents were kept confidential and the respondents were
made aware that their participation in the study was voluntary and they reserved the right
to withdraw their participation at any moment without consequences.
A pilot test of the questionnaire was done on a sample of 10 respondents to determine the
validity of the instrument and establish whether the instrument was reliable. The data
collected from the pilot-test was analyzed to determine the validity of the instrument and
review questions that needed further refinement. It also provided an indication of how
long a questionnaire would take to be administered. As Monsen and Horn (2007, p.342),
attests, “pilot testing can show whether the individuals in the sample can read and
understand the survey questions”. This process is useful in improving the validity of the
data collected. After pilot test, the answers to each question in the questionnaire was
checked by the researcher for relevance in achieving the study objectives. The final
instrument was administered through drop and pick method. Follow ups was then made
with each individual participant through telephone in order to increase response rate. The
data was collected in the month of July 2016.
3.6 Data Analysis Methods
Data was analysed using descriptive and inferential statistical techniques. Descriptive
statistics used in data analysis included the mean and standard deviation (Gill & Johnson,
2010) whereas inferential statistics were: Spearman‟s Rank Correlation analysis, One-
Way Analysis of Variance (ANOVA) and linear regression analysis. Spearman‟s
Correlation Coefficient technique was applied because the variables measured assumed
an ordinal scale. Healey (2011) explained that correlation is an index of the strength of
association between variables, which range from „zero‟ denoting no association to +1
denoting perfect association. A high index denotes strong correlation between the study
variables whereas a low index denotes weak correlation. ANOVA was used to establish
the significant differences between the mean scores. Finally, ethical business practices of
LSK members was regressed on CPD programs, code of ethics and disciplinary sanctions
33
using linear regression modelling technique. The data was analyzed through the Statistical
Package for the Social Sciences (SPSS) tool. The results were presented in figures and
tables.
3.8 Chapter Summary
This chapter has described the methodology that the researcher used. The chapter has
described the research design, population and sample size of the study. It has also
described the data collection procedures and the data technique. The findings are
analyzed in the next chapter.
34
CHAPTER FOUR
4.0 RESULTS AND FINDINGS
4.1 Introduction
The purpose of the study was to determine the influence of professional bodies on the
ethical business practices of members of the Law Society of Kenya. This chapter presents
the results and findings. The first section presents the descriptive analysis of respondents‟
general information. The second section analyses the influence of the continuous
professional development programs on LSK members‟ ethical practices. The third section
presents the findings on the influence of code of ethics on the ethical business practices of
LSK members. The fourth section analyses the influence of disciplinary sanctions on the
ethical business conduct of LSK members. A summary of the major findings is presented
at the end of the chapter.
Out of the 384 questionnaires administered, a total of 200 were fully filled and returned.
Thus, the response rate was 52% as shown in Figure 4.1. This was considered adequate
for analysis.
Figure 4.1 Response Rate
Responded
52%
No response
48%
35
4.2 Descriptive Statistics of Respondents’ Demographic Data
This section presents a descriptive analysis of respondents‟ gender, age, level of
education, practicing status, years of practicing experience and years of membership of
LSK.
4.2.1 Gender of Respondents
The distribution of respondents by gender is shown in figure 4.2. The figure shows that
male respondents accounted for 54% of the sample whereas 46% of the respondents were
female. Therefore, there was adequate representation by gender.
Figure 4.2 Gender Distribution
4.2.2 Age of Respondents
Figure 4.3 shows the distribution of respondents by age group. The figure shows that
majority (45.3%) of the respondents were aged between 30-50 years, followed by 39% of
the respondents aged below 30 years. Some 15.7% of the respondents were more than 50
years of age.
Male
46%
Female
54%
36
Figure 4.3 Percentage Distribution of Respondents by Age Group
4.2.3 Level of Education
Respondents were asked to indicate their highest level of education. Figure 4.4 shows that
61% of the respondents attained bachelor of law whereas 39% of the respondents had
masters in law.
Figure 4.4 Distribution of Respondents by Level of Education
4.2.4 Practicing Status
The study sought to establish respondents‟ practicing status. Figure 4.5 shows that active
LSK members accounted for the majority of the respondents at 76% whereas 24% of the
respondents were inactive.
39.0
45.3
15.7
0.0
10.0
20.0
30.0
40.0
50.0
Less than 30 years 30-50 years 50 years and more
LLB
61%
LLM
39%
37
Figure 4.5 Distribution of Respondents by Practicing Status
4.2.5 Tenure as a practicing advocate
Respondents were asked to state the number of years they had been practicing as an
advocate. Figure 4.6 shows that 39.7% of the respondents had been practicing for 5-10
years and 34.1% of the respondents had practiced for less than 5 years. However, 26.3%
of the respondents had been practicing for more than 10 years.
Figure 4.6 Percentage Distribution of Respondents by Years in Practice
Active
advocate
76%
Inactive
advocate
24%
34.1
39.7
26.3
0.0
10.0
20.0
30.0
40.0
50.0
Less than 5 years 5-10 years More than 10 years
38
4.2.6 Years of membership in LSK
The study sought to establish how long respondent had been a member of the LSK.
Figure 4.7 shows that 38.5% of the respondents had been members of the LSK for 5-10
years, 35.2% of the respondents had been members for less than 5 years and 26.3% of the
respondents had been members for more than 10 years.
Figure 4.7 Percentage Distribution of Respondents by Years of LSK Membership
4.2.7 Advocate Image
Respondents were asked whether the negative public image of LSK members was a fair
representation of the actual conduct of some LSK members that they knew. Table 4.1
shows that 32% and 11% of the respondents agreed and strongly agreed, respectively.
However, 20.4% of the respondents were neutral whereas 22.1% of the respondents
disagreed and 14.4% of the respondents strongly disagreed.
35.2
38.5
26.3
0.0
10.0
20.0
30.0
40.0
50.0
Less than 5 years 5-10 years 10 years and above
39
Table 4.1 Negative Public Image of LSK members a Fair Representation of the
Reality
Responses Frequency Percent
Strongly disagree 29 14.4
Disagree 44 22.1
Neutral 41 20.4
Agree 54 32.0
Strongly agree 22 11.0
Total 200 100.0
4.2.8 Prevalence of unethical business practices among LSK members
The views of the respondents were sought as to whether unethical business practices were
indeed rampant among members of the legal profession in Kenya. Table 4.2 shows that
33.7% and 16.6% of the respondents agreed and strongly agreed, respectively, that
unethical conduct was rampant among members of the legal profession in Kenya. Twenty
one percent (21%) of the respondents were neutral while 16.6% and 12.2% of the
respondents disagreed and strongly disagreed, respectively.
Table 4.2 Unethical Conduct Rampant Among Members of the Legal Profession
Responses Frequency Percent
Strongly disagree 24 12.2
Disagree 33 16.6
Neutral 42 21.0
Agree 67 33.7
Strongly agree 33 16.6
Total 200 100.0
4.3 Influence of Continuous Professional Development Programs on Ethical
Business Practices
This section presents the findings of the relationship between continuous professional
development programs offered by the LSK and the ethical business practices of members
of the legal profession.
40
4.3.1 Descriptive Statistics on Opinion of the Respondents about Continuous
Development Programs
The opinions of respondents were sought on their level of agreement with various
statements concerning continuous professional development programs. The frequencies
and percentages were computed and the mean scores ranked on a 5-point scale from
strongly disagree to strongly agree whereby 1=strongly disagree; 2=disagree; 3=neutral;
4=agree and 5=strongly agreed. Scores of 3.5 and above denoted effectiveness. The
results are presented in table 4.3.
Table 4.3 shows that 49.7% and 17.9% of the respondents agreed and strongly agreed
respectively, that refresher courses adequately addressed ethical dilemmas (M=4.66,
SD=1.065). The table also shows that 48.3% and 22.8% of the respondents agreed and
strongly agreed respectively, that CPD programs helped members keep abreast of
emerging ethical challenges and how they can be overcome (M=3.79, SD=0.979); 50.6%
and 17.8% of the respondents agreed and strongly agreed respectively, that CPD courses
provide clear guidelines for making ethical judgments (M=3.73, SD=0.927); and 38.5%
and 26.3% of the respondents agreed and strongly agreed respectively, that CPD
programs helps easy recognition of ethical issues when they arise in complex situations
(M=3.73, SD=1.069).
Table 4.3 further shows that 51.1% and 18.3% of the respondents agreed and strongly
agreed respectively, that the conferences and seminars organized by the LSK allows for
peer learning from past experiences with ethical situations (M=3.72, SD=0.969); 47.2%
and 19.4% of the respondents agreed and strongly agreed respectively, that CPD
programs increase ethical problem solving competence of members of the legal
profession (M=3.70, SD=0.985); 42.5% and 21.8% of the respondents agreed and
strongly agreed respectively, that CPD programs conducted by the LSK enhance self-
awareness for better ethical practice (M=3.68, SD= 1.03) and; 51.7% and 12.8% of the
respondents agreed and strongly agreed respectively, that programs conducted by the
LSK are helpful in making ethical decisions in business (M=3.58, SD=0.956).
41
Table 4.3 Respondents’ Views on Effectiveness of CPD Programs
Effectiveness of
CPD programs
SD
1
2
3
4
SA
5
Total
Mean
Std.
Dev.
Refresher
courses offered
by LSK
adequately
address ethical
dilemmas
f
5
20
37
100
38
200
4.66 1.065
%
2.8%
10.6%
19.0%
49.7%
17.9%
100.0%
CPD programs
help members
keep a breasts of
emerging ethical
challenges and
how they can be
overcome
f
4
19
34
97
46
200
3.79 0.979
%
2.2%
10.0%
16.7%
48.3%
22.8%
100.0%
CPD courses
provide clear
guidelines for
making ethical
judgments
F
3
19
41
101
36
200
3.73 0.927
%
1.7%
10.0%
20.0%
50.6%
17.8%
100.0%
CPD programs
helps easy
recognition of
ethical issues
when they arise
in complex
situations
f
4
27
38
78
53
200
3.73 1.069
%
2.2%
14.0%
19.0%
38.5%
26.3%
100.0%
The conferences
and seminars
organized by the
LSK allows for
peer learning
from past
experiences with
ethical situations
f
5
18
36
102
39
200
3.72 0.969
%
2.8%
10.0%
17.8%
51.1%
18.3%
100.0%
CPD programs
increase ethical
problem solving
competence of
members of the
legal profession
f
4
21
41
93
41
200
3.7 0.985
%
2.2%
11.7%
19.4%
47.2%
19.4%
100.0%
Generally, CPD
programs
conducted by the
LSK enhance
self-awareness
for better ethical
practice
f
4
27
40
86
43
200
3.68 1.03
%
2.2%
13.4%
20.1%
42.5%
21.8%
200
CPD programs
conducted by the
LSK are helpful
in making ethical
decisions in
business
f
7
24
40
104
25
200
3.58 0.956
%
3.9%
11.7%
20.0%
51.7%
12.8%
100.0%
42
4.3.2 Comparison of Perceived Influence of Continuous Professional Development
on the Ethical Practices of LSK members in Term of Gender
A cross-tabulation analysis was performed to compare the differences perceptions of
respondents between male/female and active/inactive LSK members. Table 4.4 and figure
4.8 presents the cross-tabulation results that compares the male and female respondents‟
views on the influence of continuous professional development programs on ethical
business practices. The table shows that the proportion of male respondents who agreed
(62.2%) and strongly agreed (22.0%) that continuous development programs influenced
LSK members‟ ethical practices was higher compared to that of female respondents who
agreed (53.1%) and strongly agreed (19.4%).
Table 4.4 Influence of CPD on Ethical Practices: Distribution of by Gender
CPD influence LSK members ethical
practices
Gender Total
Male Female
Strongly disagree F 0 3 3
% 0.0% 3.1% 1.7%
Disagree F 3 10 13
% 3.7% 10.2% 7.2%
Neutral F 10 14 24
% 12.2% 14.3% 13.3%
Agree F 60 63 123
% 62.2% 53.1% 57.2%
Strongly agree F 18 19 37
% 22.0% 19.4% 20.6%
Total F 91 109 200
% 100.0% 100.0% 100.0%
Figure 4.8 Influence of CPD on Ethical Practices: Distribution of by Gender
43
A comparison of respondents‟ views on whether continuous development programs
influenced LSK members‟ ethical business practice was made between inactive and
active LSK members as shown in table 4.5 and figure 4.9. The table shows that the
proportion of active LSK members who agreed (56.7%) and strongly agreed (22.4%) with
the statement was higher compared to that of inactive LSK members who agreed (60.5%)
and strongly agreed (11.6%). The findings suggest that the difference between the two
respondent groups was small.
Table 4.5 Influence of CPD Programs on Ethical Practices: Distribution by
Practicing Status
CPD influence LSK members ethical practices Practicing status
Total Active Inactive
Strongly disagree F 1 2 3
% 0.7% 4.7% 1.7%
Disagree F 9 4 13
% 6.7% 9.3% 7.3%
Neutral F 18 6 24
% 13.4% 14.0% 13.6%
Agree F 93 32 125
% 56.7% 60.5% 57.6%
Strongly agree F 30 5 35
% 22.4% 11.6% 19.8%
Total F 151 49 200
% 100.0% 100.0% 100.0%
Figure 4.9 Influence of CPD Programs on Ethical Practices: Distribution by
Practicing Status
44
Respondents‟ perception of the influence of CPD programs on LSK members‟ ethical
practices was further compared in terms of level of education. Table 4.6 and figure 4.10
show that 66% and 18.4% of the respondents who had Bachelor of Law agreed and
strongly agreed, respectively, compared to 45.5% and 22.7% of respondents who had
Master of Law who agreed and strongly agreed, respectively.
Table 4.6 Influence of CPD Programs on LSK members’ Ethical Practices:
Distribution By Level Of Education
CPD influence LSK members ethical
practices
Level of education Total
LLB LLM
Strongly disagree F 2 0 2
% 1.9% 0.0% 1.2%
Disagree F 4 8 12
% 3.9% 12.1% 7.1%
Neutral F 10 13 23
% 9.7% 19.7% 13.6%
Agree F 88 41 129
% 66.0% 45.5% 58.0%
Strongly agree F 19 15 34
% 18.4% 22.7% 20.1%
Total F 123 77 200
% 100.0% 100.0% 100.0%
Figure 4.10 Influence of CPD Programs on Ethical Practices: Distribution by Level
of Education
45
4.3.3 Correlation between Continuous Professional Development Programs and
Ethical Business Practices of Members of the Law Society of Kenya
Table 4.7 shows the results of Spearman‟s rank correlation coefficient with alpha
significant at 0.05 levels. The table shows that there was a statistically significant
positive correlation between CPD programs and keeping abreast of emerging ethical
challenges, r(198) =.184, p<.05.
Table 4.7 Correlation between CPD Programs and Ethical Business Practices
Ethical business practices
Correlation Coefficient 1.000
Sig. (2-tailed) .
N 181
CPD helpfulness in ethical decision making
Correlation Coefficient .099
Sig. (2-tailed) .187
N 200
CPD helpfulness in keeping abreast of emerging
ethical challenges
Correlation Coefficient .184*
Sig. (2-tailed) .014
N 200
Adequacy of refresher courses in addressing
ethical dilemmas
Correlation Coefficient .093
Sig. (2-tailed) .215
N 200
Peer learning conferences and seminars
Correlation Coefficient .060
Sig. (2-tailed) .420
N 200
CPD guidelines for making ethical judgments
Correlation Coefficient .012
Sig. (2-tailed) .876
N 200
CPD utility in ethical problem solving
competence
Correlation Coefficient .041
Sig. (2-tailed) .581
N 200
CPD enhancement of self-awareness
Correlation Coefficient .106
Sig. (2-tailed) .158
N 200
CPD utility in recognition of ethical issues in
complex situations
Correlation Coefficient .090
Sig. (2-tailed) .233
N 200 *. Correlation is significant at p<0.05 level (2-tailed).
46
4.3.4 One-Way ANOVA for Influence of CPD Programs
One Way Analysis of Variance (ANOVA) was run to establish whether there were any
significant differences in respondents‟ perception of the influence of CPD programs on
ethical business practices of LSK members by gender, years of experience and practicing
status. Table 4.8 shows that there was a significant effect for gender F(1,199) =4.12,
p=.02 and practicing status, F(1,198)=5.196, p=.024. However, there was no significant
effect for years of experience, F(2,196) = 0.949, p=0.39.
Table 4.8 ANOVA of Influence of CPD Programs by Gender, Year of experience
and Practicing Status
Sum of
Squares
Df Mean
Square
F Sig.
Gender
Between Groups 2.977 1 2.977 4.122 .044
Within Groups 127.846 199 .722
Total 130.824 200
Years of
experience
Between Groups 1.465 2 .733 .949 .389
Within Groups 135.831 196 .772
Total 137.296 198
Practicing
Status
Between Groups 3.723 1 3.723 5.196 .024
Within Groups 124.660 198 .716
Total 128.383 199
p<0.05
4.3.5 Regression Analysis of ethical Business Practices on Continuous
Development Programs
Simple linear regression was used to regress ethical business practice on continuous
development programs to establish the extent to which continuous development programs
influenced ethical business practices of LSK members. The results are presented in Table
4.9. The model summary shows that CPD programs explained 2.1% of the variability in
respondents‟ ethical business practices (R2=0.021). However, the coefficients suggests
that CPD programs did not predict ethical business practices of LSK members (B=0.209,
p>.05).
47
Table 4.9 Model Summary
Model R R Square Adjusted R Square Std. Error of the Estimate
1 .145a .021 .015 1.252
a. Predictors: (Constant), LSK members‟ ethical practices
ANOVAa
Model Sum of Squares df Mean Square F Sig.
Regression 2.784 1 2.784 1.746 .048b
Residual 283.943 178 1.595
Total 286.728 179
a. Dependent Variable: Ethical business practices of LSK members
b. Predictors: CPD Programs
Coefficientsa
Model Unstandardized
Coefficients
Standardized
Coefficients
t Sig.
B Std. Error Beta
1 (Constant) 3.551 .425 8.359 .000
CPD programs .209 .107 .145 1.956 .052
a. Dependent Variable: Ethical business practices
4.4 Influence of Code of Ethics on Ethical Business Practices of LSK members
4.4.1 Descriptive Statistics of Ethical Business Practices of LSK members
The study sought to establish the influence of code of ethics on ethical business practices
of LSK members. Table 4.10 present the percentage frequencies and the means and
standard deviations from a 5-point scale ranging from 1=strongly disagree; 2=disagree;
3=neutral; 4=agree and 5=strongly agree.
According to the table, 49.4% and 14.0% of the respondents agreed and strongly agreed
respectively, that some LSK members practiced law even without having a valid
practicing certificate for the year (M=3.49, SD=1.111). Concerning advocate advertising,
40.1% and 16.4% of the respondents agreed and strongly agreed respectively, that some
LSK members advertised their services in contravention of rules governing advertising
and marketing (M=3.41, SD=1.170).
48
Table 4.10 Descriptive Statistics of Respondents Ethical Business Practices Advocate ethics 1 2 3 4 5 Total Mean SD
Some LSK
members practice
even without
having a valid
practicing
certificate for the
yea
f
13
29
30
99
29
200
3.49
1.111
%
6.7%
14.6%
15.2%
49.4%
14.0%
100.0
%
There are LSK
members who
advertise their
services contrary
to the rules
governing
advertising and
marketing
f
16
32
39
80
33
200
3.41
1.170
%
7.9%
15.8%
19.8%
40.1%
16.4%
100.0
%
Some LSK
members offer
legal services even
on matters for
which they lack
the requisite
competence
f
15
26
37
85
37
200
3.52
1.151
%
7.3%
12.9%
18.5%
42.7%
18.5%
100.0
%
The practice of
undercutting in the
legal profession is
rampant
f
13
22
47
75
42
200
3.54
1.140
%
6.7%
11.2%
23.6%
37.6%
20.8%
100.0
%
There is a
tendency of LSK
members to
continue to act in
matters where
there is clear
conflict of interest
f
15
29
48
70
38
200
3.44
1.169
%
7.3%
14.6%
24.2%
34.8%
19.1%
100.0
%
Some LSK
members use
knowledge they
have of their
clients to exploit
their clients
unfairly
f
18
25
37
78
43
200
3.51
1.213
%
9.0%
12.4%
18.5%
38.8%
21.3%
100.0
%
There is a
tendency of LSK
members to act in
the interest of
their clients at the
expense of their
duty of fidelity to
the law
f
15
26
42
78
40
200
3.52
1.166
%
7.3%
12.9%
20.8%
38.8%
20.2%
100.0
%
49
Table 4.10 also shows that 42.7% and 18.5% of the respondents agreed and strongly
agreed respectively, that some LSK members offered legal services on matters for which
they lacked the requisite competence (M=3.41, SD=1.151). With regards to competition
rules, 37.6% and 20.8% of the respondents agreed and strongly agreed respectively, that
the practice of undercutting in the legal profession was rampant (M=3.54, SD=1.140). In
terms of legal services, 34.8% and 19.1% of the respondents agreed and strongly agreed
respectively, that there was a tendency of LSK members to continue representation in
cases where there was clear conflict of interest (M=3.44, SD=1.169). Table 4.10 further
shows that 38.8% and 21.3% of the respondents agreed and strongly agreed respectively,
that some LSK members used knowledge they had of their clients to exploit them
(M=3.51, SD=1.213). As pertains fidelity to the law, 38.8% and 20.2% of the respondents
agreed and strongly agreed respectively, that LSK members had a tendency to act in the
interest of their clients at the expense of their duty of fidelity to the law(M= 3.52, SD=
1.166).
4.4.2 Comparison of perceived influence of code of ethics on ethical business
practices of LSK members by gender
This section compares respondents‟ views on the influence of code of ethics on the ethical
business practices of LSK members in terms of gender, membership status and level of
education. Table 4.11 shows that the 45.1% and 12.2% of male respondents agreed and
strongly agreed, respectively and 48% and 11.2% of female respondents also agreed and
strongly agreed, respectively, that the code of ethics influenced the ethical business
practices of LSK members.
Table 4.11 Influence of Code of Ethics on Ethical Practices: Distribution by Gender
Code of ethics influence the ethical business
practices of LSK members
Your gender Total
Male Female
Strongly disagree f 4 4 8
% 4.9% 4.1% 4.4%
Disagree f 8 9 17
% 9.8% 9.2% 9.4%
Neutral f 23 27 50
% 28.0% 27.6% 27.8%
Agree f 44 60 104
% 45.1% 48.0% 46.7%
Strongly agree f 10 11 21
% 12.2% 11.2% 11.7%
Total F 89 111 200
% 100.0% 100.0% 100.0%
50
Figure 4.11 Influence of Code of Ethics on Ethical Practices: Distribution by Gender
A comparison of respondents‟ opinion on the influence of code of ethics on the ethical
business practice of LSK members was made between active and inactive LSK members.
Table 4.12 shows the finding. The table shows that 49.3% and 14.2% of the active LSK
members agreed and strongly agreed respectively, compared to 39.5% and 4.7% of the
inactive LSK members who agreed and strongly agreed, respectively.
Table 4.12 Influence of Code of Ethics by Practicing Status
Code of ethics influence the ethical business
practices of LSK members
Practicing status Total
Active
advocate
Inactive
advocate
Strongly disagree f 4 4 8
% 3.0% 9.3% 4.5%
Disagree f 12 5 17
% 9.0% 11.6% 9.6%
Neutral f 33 15 48
% 24.6% 34.9% 27.1%
Agree f 84 23 107
% 49.3% 39.5% 46.9%
Strongly agree F 19 2 21
% 14.2% 4.7% 11.9%
Total F 151 49 200
% 100.0% 100.0% 100.0%
51
Figure 4.12 Influence of Code of Ethics by Practicing Status
The views of the respondents on whether the code of ethics influenced the ethical
business practices of LSK members was also compared in terms of level of education.
Table 4.13 shows that 55.3% and 7.8% of the respondents with bachelor of law agreed
and strongly agreed respectively, compared to 37.9% and 18.2% of respondents with
master of law who agreed and strongly agreed, respectively.
Table 4.13 Influence of Code of Ethics on Business Practices by Level of Education
Code of ethics influence business practices of LSK
members
Level of education Total
LLB LLM
Strongly disagree f 2 3 5
% 1.9% 4.5% 3.0%
Disagree f 9 4 13
% 8.7% 6.1% 7.7%
Neutral f 27 22 49
% 26.2% 33.3% 29.0%
Agree f 77 36 82
% 55.3% 37.9% 48.5%
Strongly agree f 8 12 20
% 7.8% 18.2% 11.8%
Total f 123 77 200
% 100.0% 100.0% 100.0%
52
Figure 4.13 Influence of Code of Ethics on Business Practices by Level of Education
4.4.3 Correlation between Code of Ethics and Ethical Business Practices
This section analyses respondents‟ views on the business practices of LSK members as
they relate to the various stipulations of the LSK code of ethics as presented in table 4.14.
Table 4.14 Correlation between Code of Ethics and Business Practices of LSK
members Spearman‟s rho 1
1. Ethical business practices
Correlation Coefficient 1.000
Sig. (2-tailed) .
N 200
2. Compliance valid practicing certificate
Correlation Coefficient .405**
Sig. (2-tailed) .000
N 200
3. Compliance with advocate advertising rules
Correlation Coefficient .513**
Sig. (2-tailed) .000
N 200
4. Offering of legal services in area of competence
Correlation Coefficient .466**
Sig. (2-tailed) .000
N 200
5. Professional fees
Correlation Coefficient .465**
Sig. (2-tailed) .000
N 200
6. Conflict of interest consideration
Correlation Coefficient .564**
Sig. (2-tailed) .000
N 200
7. Advocate fairness
Correlation Coefficient .447**
Sig. (2-tailed) .000
N 200
8. Fidelity to law
Correlation Coefficient .462**
Sig. (2-tailed) .000
N 200
9. Code of ethics effectiveness
Correlation Coefficient .340**
Sig. (2-tailed) .000
N 200 **. Correlation is significant at p< 0.01 level (2-tailed).
53
Table 4.14 shows that there was a direct correlation between ethical business practices
and LSK‟s code of ethics. Specifically, there was a statistically significant correlation
between ethical business practices and LSK code of ethics. Ethical business practices was
correlated to compliance with valid practicing certificate, r(198)=.405, p<.01; compliance
with advocate advertising rules, r(198)=.513, p<.01; offering of legal services in area of
competence, r(198)=.466, p<.01; professional fees, r(198)=.465, p<.01; conflict of
interest consideration r(198)=.564, p<.01; advocate fairness to clients, r(198)=.447,
p<.01; fidelity to law r(198)=.462, p<.01; and code of ethics effectiveness, r(198)=.340,
p<.01. The coefficients suggests that ethical business practices increased increase in code
of ethics.
4.4.4 One Way ANOVA for Influence of Code of Ethics
One Way Analysis of Variance was performed for influence of code of ethics on ethical
business practices to compare the mean scores between respondent groups by gender,
years of experience and practicing status. Table 4.15 shows that there was no significant
effect for gender, F(1,198) =.109, p=.74 or years of experience, F (2,196) =.587, p=.56.
However, there was a significant effect for practicing status, F(1,198)=5.363, p=.02.
Table 4.15 ANOVA of Influence of Code of Ethics by Gender, Year of Experience
and Practicing Status
Sum of
Squares
Df Mean
Square
F Sig.
Gender
Between Groups .095 1 .095 .109 .742
Within Groups 153.277 198 .876
Total 153.372 199
Years of
experience
Between Groups 1.035 2 .518 .587 .557
Within Groups 152.461 196 .881
Total 153.496 198
Practicing
Status Between Groups 4.611 1 4.611 5.363 .022
Within Groups 147.857 198 .860
Total 152.468 199
54
4.4.5 Regression of Ethical Business Practices of LSK members on Code of Ethics
Linear regression was used to regress ethical business practices of LSK members on code
of ethics as presented in Table 4.16. As per the model summary, code of ethics explained
32.0% of the variability in respondents‟ ethical business practices (R2=0.320). From the
ANOVA results, code of ethics statistically significantly predicted ethical business
practices of LSK members, F(1,176) = 82.703, p<0.05). The coefficients suggests that the
linear regression equation takes the form;
Ethical business practices of LSK members = 5.426+0.768 code of ethics.
It can be inferred that code of ethics statistically significantly predicted the ethical
business practices of LSK members (B=0.768, p<0.05).
Table 4.16 Model Summary
Model R R Square Adjusted R Square Std. Error of the Estimate
1 .565a .320 .316 1.048
a. Predictors: Code of ethics
ANOVAa
Model Sum of Squares df Mean Square F Sig.
Regression 90.826 1 90.826 82.703 .000b
Residual 193.286 176 1.098
Total 284.112 177
a. Dependent Variable: Ethical business practices of LSK members
b. Predictors: Code of ethics
Coefficientsa
Model Unstandardized
Coefficients
Standardized
Coefficients
T Sig.
B Std. Error Beta
(Constant) 5.426 .305 17.765 .000
Code of ethics .768 .085 .565 9.094 .000
a. Dependent Variable: Ethical business practices of LSK members
4.5 Influence of Disciplinary Sanctions on Ethical Business Practices of LSK
members
4.5.1 Descriptive Statistics of Influence of Disciplinary Sanctions
The study sought to establish respondents‟ rating of effectiveness of disciplinary
sanctions in influencing the business practices of LSK members in Kenya. A 4-point scale
55
was used whereby 1=not effective; 2=less effective; 3=Somehow effective and 4=Very
effective. Table 4.17 shows that 40% of the respondents were of the view that disbarment
was very effective at influencing ethical business practices of LSK members. Further,
40% of the respondents were of the view that suspension was somehow effective.
Similarly, 41.3% of the respondents held that public reprimands was somehow effective.
Further, 37.6% of the respondents indicated that private reprimands was somehow
effective. The same views applied for judicial actions (50.6%), summons by disciplinary
committee (46.4%) and temporary withdrawal of practicing certificate (37.5%).
Table 4.17 Effectiveness of disciplinary sanctions in influencing ethical practices
Disciplinary
sanction
1 2 3 4 Total Mean SD
Disbarment f 8 40 72 80 200
3.12
0.863 % 3.9% 20.0% 36.1% 40.0% 100.0%
Suspension f 11 43 80 66 200
3.00
0.878 % 5.6% 21.7% 40.0% 32.8% 100.0%
Public
reprimands
f 16 42 83 59 200
2.93
0.906 % 7.8% 21.2% 41.3% 29.6% 100.0%
Private
reprimand
f 21 64 75 39 200
2.66
0.914 % 10.7% 32.0% 37.6% 19.7% 100.0%
Judicial
actions
f 16 24 101 59 200
3.02
0.855 % 7.8% 12.2% 50.6% 29.4% 100.0%
Summons by
disciplinary
committee
f 16 44 93 48 200
2.87
0.870 % 7.8% 21.8% 46.4% 24.0% 100.0%
Withdrawal
of practicing
certificate
f 22 31 75 73 200
2.99
0.977 % 10.8% 15.3% 37.5% 36.4% 100.0%
4.5.2 Comparison of Rating of Effectiveness of Disciplinary Sanctions
A comparison of respondents rating of effectiveness of disciplinary sanctions in
influencing ethical business practices of LSK members in Kenya is made based on
56
gender, practicing status and education as presented in tables 4.18. The table shows that
63.4% of the male respondents and 51% of the female respondents rated that disciplinary
sanctions by the LSK were somehow effective in influencing ethical business practices of
LSK members in Kenya.
Table 4.18 Comparison of Rating Effectiveness of Disciplinary Sanctions by Gender
Rating Your gender Total
Male Female
Not effective F 0 3 3
% 0.0% 3.1% 1.7%
Less effective F 16 23 39
% 19.5% 23.5% 21.7%
Somehow effective F 62 60 122
% 63.4% 51.0% 56.7%
Very effective F 14 22 36
% 17.1% 22.4% 20.0%
Total F 92 108 200
% 100.0% 100.0% 100.0%
Figure 4.14 Comparison of Rating Effectiveness of Disciplinary Sanctions by Gender
Respondents‟ rating of the effectiveness of disciplinary sanctions in influencing ethical
business practices of LSK members in Kenya was compared based on practicing status as
shown in table 4.19. The table shows that 57.5% of the respondents with active practicing
57
status and 55.8% of the respondents with inactive practicing status disciplinary sanctions
as somehow effective at influencing ethical business practices of LSK members in Kenya.
Table 4.19 Comparison of Rating Effectiveness of Disciplinary Sanctions by Status
Rating Practicing status Total
Active
advocate
Inactive
advocate
Not effective f 2 1 3
% 1.5% 2.3% 1.7%
Less effective f 27 10 37
% 20.1% 23.3% 20.9%
Somehow effective f 80 34 1114
% 57.5% 55.8% 57.1%
Very effective f 28 8 36
% 20.9% 18.6% 20.3%
Total f 147 53 200
% 100.0% 100.0% 100.0%
Figure 4.15 Comparison of Rating Effectiveness of Disciplinary Sanctions by Status
Respondents‟ rating of the effectiveness of disciplinary sanctions in influencing ethical
business practices of LSK members in Kenya was further compared based on level of
education as shown in table 4.20. The table shows that 59.2% of the respondents who had
bachelor of law and 54.5% of the respondents who had master of law rated disciplinary
58
sanctions as somehow effective in influencing ethical business practices of LSK members
in Kenya.
Table 4.20 Comparison of Rating Effectiveness of Disciplinary Sanctions by
Education
Level of education Total
LLB LLM
Not effective f 2 1 3
% 1.9% 1.5% 1.8%
Less effective f 19 17 36
% 18.4% 25.8% 21.3%
Somehow effective f 81 47 128
% 59.2% 54.5% 57.4%
Very effective f 21 12 33
% 20.4% 18.2% 19.5%
Total f 123 77 200
% 100.0% 100.0% 100.0%
Figure 4.16 Comparison of Rating Effectiveness of Disciplinary Sanctions by
Education
4.5.3 Correlation between Disciplinary Sanctions and Ethical Business Practices
Spearman‟s rank correlation analysis was run to establish the relationship between
disciplinary sanctions and ethical business practices of members of the LSK. Table 4.21
59
shows Spearman‟s rank correlation coefficient significant at 0.01 levels. The table shows
that ethical conduct of members was significantly correlated to disciplinary sanctions
such as disbarment, r(198) =.237, p<.01; suspension r(198)=.239, p<.01; public
reprimand r(198)<.268, p<.01; and temporary withdrawal of practicing certificate
r(198)=.266, p<.01. This suggests that ethical business practices of LSK members
increased with more disbarment, suspensions, public remands and withdrawal of
practicing certificate.
Table 4.21 Correlation between Disciplinary Sanctions and Ethical Conduct
Spearman’s Rho 1
1. Ethical conduct
Correlation Coefficient 1.000
Sig. (2-tailed) .
N 200
2. Disbarment
Correlation Coefficient .237**
Sig. (2-tailed) .001
N 200
3. Suspension
Correlation Coefficient .239**
Sig. (2-tailed) .001
N 200
4. Public reprimand
Correlation Coefficient .268**
Sig. (2-tailed) .000
N 200
5. Private reprimand
Correlation Coefficient -.017
Sig. (2-tailed) .822
N 200
6. Judicial actions
Correlation Coefficient .085
Sig. (2-tailed) .257
N 200
7. Summons by disciplinary committee
Correlation Coefficient .112
Sig. (2-tailed) .135
N 200
8. Temporary withdrawal of practicing
certificate
Correlation Coefficient .266**
Sig. (2-tailed) .000
N 200 **. Correlation is significant at the 0.01 level (2-tailed).
60
4.5.4 ANOVA of Rating of Effectiveness of Disciplinary Sanctions
One-Way ANOVA was run to compare the means of respondent groups in terms of
gender, years of experience and practicing status. Table 4.22 shows that there was no
significant effect for gender, F(1,198), p=.61 or practicing status, F(1,198) =1.50, p=.22.
However, there was a statistically significant effect for years of experience,
F(2,196)=3.719, p=.026.
Table 4.22 ANOVA of Rating of Effectiveness of Disciplinary Sanctions by Gender,
Years of Experience and Practicing Status
Sum of
Squares
Df Mean
Square
F Sig.
Gender
Between Groups .113 1 .113 .260 .611
Within Groups 77.064 198 .435
Total 77.177 199
Years of
experience
Between Groups 3.473 2 1.736 3.719 .026
Within Groups 82.170 196 .467
Total 85.642 198
Practicing
Status
Between Groups .640 1 .640 1.502 .222
Within Groups 74.180 198 .426
Total 74.821 199
4.5.5 Regression of Ethical Business Practices on Disciplinary Sanctions
Ethical business practices of LSK members was regressed on disciplinary sanctions and
the output presented in Tables 4.23. The model summary shows that disciplinary
sanctions explained 6.4% of the variability in the ethical business practices of LSK
members (R2=0.064). The ANOVA output indicates that disciplinary sanctions
statistically significantly predicted ethical business practices of LSK members, F(1,178)
= 18.228, p<0.05. From coefficients, the linear regression equation takes the form;
Ethical business practices of LSK members = 1.301+0.487 Disciplinary sanctions.
It can be inferred that disciplinary sanctions statistically significantly predicted the ethical
business practices of LSK members (B=0.487, p<0.05).
61
Table 4.23 Model Summary
Model R R Square Adjusted R Square Std. Error of the Estimate
1 .254 .064 .059 1.224
ANOVAa
Model Sum of Squares Df Mean Square F Sig.
Regression 18.333 1 18.333 12.228 .001b
Residual 266.867 178 1.499
Total 285.200 179
a. Dependent Variable: Ethical business practices of LSK members
b. Predictors: Disciplinary sanctions
Coefficientsa
Model Unstandardized
Coefficients
Standardized
Coefficients
t Sig.
B Std. Error Beta
(Constant) 1.301 .420 3.102 .002
Disciplinary
sanctions .487 .139 .254 3.497 .001
a. Dependent Variable: Ethical business practices of LSK members
4.6 Chapter Summary
This chapter has presented the results and findings of the study. The findings showed that
in terms of the influence of CPD programs on ethical business practices, there was a
statistically significant positive correlation between CPD programs and keeping abreast of
emerging ethical challenges, r(198) =.184, p<.05. One-Way ANOVA showed that there
was a significant effect for gender F(1,199) =4.12, p=.02 and practicing status,
F(1,198)=5.196, p=.024. Linear regression results showed that CPD programs did not
predict ethical business practices of LSK members (B=0.209, p>.05).
Concerning the influence of code of ethics on ethical business practices of LSK members,
Spearman‟s Rank Correlation Coefficient showed that ethical business practices was
correlated to compliance with valid practicing certificate, r(198)=.405, p<.01; compliance
with advocate advertising rules, r(198)=.513, p<.01; offering of legal services in area of
competence, r(198)=.466, p<.01; professional fees, r(198)=.465, p<.01; conflict of
interest consideration r(198)=.564, p<.01; advocate fairness to clients, r(198)=.447,
p<.01; fidelity to law r(198)=.462, p<.01; and code of ethics effectiveness, r(198)=.340,
p<.01. One-Way ANOVA showed that there was a significant effect for practicing status,
62
F(1,198)=5.363, p=.02. Linear regression analysis showed that code of ethics explained
32.0% of the variability in respondents‟ ethical business practices (R2=0.320) and
statistically significantly predicted ethical business practices of LSK members, F(1,176)
= 82.703, p<0.05.
With respect to the influence of disciplinary sanctions on ethical business practices of
LSK members, Spearman‟s Rank Correlation Coefficient showed that ethical conduct of
members was significantly correlated to disciplinary sanctions such as disbarment,
r(198)=.237, p<.01; suspension r(198)=.239, p<.01; public reprimand r(198)<.268,
p<.01; and temporary withdrawal of practicing certificate r(198)=.266, p<.01. One-Way
ANOVA showed that there was a statistically significant effect for years of experience,
F(2,196)=3.719, p=.026. Linear regression analysis showed that disciplinary sanctions
statistically significantly predicted ethical business practices of LSK members, F(1,178)
= 18.228, p<0.05.The findings are discussed in the next chapter.
63
CHAPTER FIVE
5.0 SUMMARY, DISCUSSION, CONCLUSION AND RECOMMENDATIONS
5.1 Introduction
This chapter presents a summary of the research, along with the discussions, conclusions
and recommendations of the study. The summary captures the entire report, beginning
with the study objectives and methodology through to findings. The discussion then
follows as per the research questions. Conclusions are subsequently drawn from the
discussion. Lastly, recommendations for practice and suggestion for further research are
made.
5.2 Summary
The purpose of the study was to determine the influence of professional bodies on the
ethical business practices of members of the Law Society of Kenya. The study was
guided by the following research questions: What is the influence of the continuous
professional development programs on LSK members‟ ethical practices? What is the
influence of code of ethics on the ethical business practices of LSK members? What is the
influence of disciplinary sanctions on the ethical business conduct of LSK members?
Descriptive correlation research design was used. The population was all the active and
inactive LSK members as of the year 2016 totalling to 11,120 LSK members. Stratified
random sampling technique was used to determine a sample of 384 LSK members from
the total population. A structured questionnaire was used as the data collection tool. Data
was analysed using descriptive statistical techniques such as frequencies, mean and
standard deviations. Inferential statistical techniques were also used such as correlation,
ANOVA and regression analysis. Data was analysed using SPSS as a tool. The results
and findings were presented in figures and tables.
The findings of CPD revealed that in terms of the influence of CPD programs on ethical
business practices, there was a statistically significant positive correlation between CPD
programs and keeping abreast of emerging ethical challenges, r(198) =.184, p<.05. One-
Way ANOVA showed that there was a significant effect for gender F(1,199) =4.12, p=.02
64
and practicing status, F(1,198)=5.196, p=.024. Linear regression results showed that CPD
programs did not predict ethical business practices of LSK members (B=0.209, p>.05).
Concerning the influence of code of ethics on ethical business practices of LSK members,
Spearman‟s Rank Correlation Coefficient showed that ethical business practices was
correlated to compliance with valid practicing certificate, r(198)=.405, p<.01; compliance
with advocate advertising rules, r(198)=.513, p<.01; offering of legal services in area of
competence, r(198)=.466, p<.01; professional fees, r(198)=.465, p<.01; conflict of
interest consideration r(198)=.564, p<.01; advocate fairness to clients, r(198)=.447,
p<.01; fidelity to law r(198)=.462, p<.01; and code of ethics effectiveness, r(198)=.340,
p<.01. One-Way ANOVA showed that there was a significant effect for practicing status,
F(1,198)=5.363, p=.02. Linear regression analysis showed that code of ethics explained
32.0% of the variability in respondents‟ ethical business practices (R2=0.320) and
statistically significantly predicted ethical business practices of LSK members, F(1,176)
= 82.703, p<0.05.
With respect to the influence of disciplinary sanctions on ethical business practices of
LSK members, Spearman‟s Rank Correlation Coefficient showed that ethical conduct of
members was significantly correlated to disciplinary sanctions such as disbarment,
r(198)=.237, p<.01; suspension r(198)=.239, p<.01; public reprimand r(198)<.268,
p<.01; and temporary withdrawal of practicing certificate r(198)=.266, p<.01. One-Way
ANOVA showed that there was a statistically significant effect for years of experience,
F(2,196)=3.719, p=.026. Linear regression analysis showed that disciplinary sanctions
statistically significantly predicted ethical business practices of LSK members, F(1,178)
= 18.228, p<0.05.
5.3 Discussion
5.3.1 The Influence of Continuous Professional Development Programs on Ethical
Business Practices of LSK members.
The results revealed that 48.3% and 22.2% of the respondents agreed and strongly agreed,
respectively, that CPD programs helped them keep abreast of emerging ethical challenges
and how they can be overcome. Correlation analysis also showed that, although the
65
relationship was weak, the correlation between the helpfulness aspect of CPD programs
in keeping abreast of emerging ethical challenges was statistically significant,
r(198)=.184, p<.05); implying that ethical business practices of LSK members improved
with awareness of emerging ethical challenges in the legal profession. This suggests that
CPD programs were effective at keeping members informed. This finding agrees with
McGuire et al. (2001) who highlighted the role of updating members on trends in the
legal profession through training events as gaining importance. However, the weak
coefficient suggests that CPD programs played a relatively small part in the ethical
education of LSK members in keeping with the observation by Herring (2014).
The study showed that influence of CPD programs on ethical business practices of LSK
members was more pronounced among male respondents (62.2% agreed and 22%
strongly agreed) than female respondents (53.1% agreed and 19.4% strongly agreed). One
Way ANOVA test showed a significant effect in terms of gender F(1,199) =4.12, p=.02;
suggesting that CPD program outcomes varied by gender of the advocate. This implies
that gender differences played a role in the CPD programs‟ impact on the ethical business
practices of LSK members. The finding contradicts the results of a study by Onyebuchi
(2013) that did not indicate much differences in the ethical practices by gender. It also
disagrees with the findings of a study by Davidson (2000) that suggested that members of
the female gender made higher ethical judgments than their male colleagues for situations
of both high and low moral intensity. The contradiction between the studies may be
explained by potential differences in ethical situations facing members of the legal
profession as compared to ethical dilemmas faced in other business sectors.
Regression results showed that CPD programs did not predict ethical business practices of
LSK members (B=0.209, p>.05). The finding challenges the view of Khan (2014) who
emphasized the need for members of the legal profession to participate in such programs
as part of enhancing their professional competence. Given the lack of predictive power of
CPD programs on ethical business practices of LSK members, it may be speculated that
the CPD programs merely expanded the sphere of knowledge of members of the legal
profession but the legal environment potentially offered little incentives for that
knowledge to be applied. While CPD programs increased ethical problem solving
competence of members of the legal profession in keeping with the views of MacFarlane
66
(2008) that CPD such as communities of practice are highly significant in the professional
development of members of the legal profession, it can be argued that just like any other
profession, CPD is part of the expectation of the profession but does not guarantee ethical
behaviour.
5.3.2 The Influence of Code of Ethics on the Ethical Business Practices of LSK
members
The findings revealed that 43% of the respondents agreed with the statement that the
negative public image of LSK members as being corrupt fairly represented the actual
conduct of some LSK members they knew. The finding confirms the findings of the
National Corruption Perception Survey by the Ethics and Anti-Corruption Commission
(2012) which depicted LSK members as being perceived as corrupt. It further reflects the
state of affairs in the international arena where it has been found that majority of survey
participants who were members of the legal profession knew of other legal professionals
who had been involved in corruption offences (International Bar Association, 2010).
The results showed that 50.3% of the respondents generally agreed that unethical business
practices were rampant among members of the legal profession in Kenya. This is
consistent with the trend observed by Dal Pont (2015) that, to-date, the behaviour of LSK
members continues to foster little public respect for the profession and its collective
reputation.
It was found that 63.4% of the respondents agreed that some LSK members practiced law
even without having a valid practicing certificate for the year. This is despite the
provision by the LSK (2016) code of conduct that it is professional misconduct for any
person who has been admitted as an advocate to engage in the practice of law without a
practicing certificate valid for the practice year. This suggests that there may be a
potential lacuna in law that creates a leeway that may be responsible for the ethical
imbroglios that characterize the legal profession.
The study also found that 56.5% of the respondents observed that some LSK members
advertised their services in contravention of rules governing advertising and marketing.
This finding agrees with the observation by Cannon (2008) that advocate advertising rules
67
are often flouted and legal advertising and marketing have become pervasive. This
implies that while there was a significant correlation between advocate advertising and
ethical business practices of respondents, enforcement was potentially lacking.
Further findings showed that 61.2% of the respondents were of the view that some LSK
members offered legal services on matters for which they lacked the requisite
competence. This finding challenges the idea that this is an offence of disproportional
consequences as suggested by Ojienda and Katarina (2015). Similarly, 58.4% of the
respondents were of the view that the practice of undercutting in the legal profession was
rampant. This suggests that the code of conduct did not prevent undercutting contrary to
its inclusion in the LSK (2016) code of conduct. Both findings also further point to a lack
of enforcement.
Additional findings showed that 60.1% of the respondents were of the view that some
LSK members used knowledge they had of their clients to exploit them unfairly. This
echoes the growing concern expressed by Mbote and Akech (2011) with regards to
standards and professional ethics among LSK members in Kenya, specifically in matters
concerning custody of clients‟ funds and property. This finding reinforces the negative
narrative that projects from the image of the legal profession.
The study also found that 59% of the respondents generally held the view that LSK
members had a tendency to act in the interest of their clients at the expense of their duty
of fidelity to the law. This agrees with the study findings of Bagust (2013) which found a
high propensity of law firms to focus constantly on the client list and the profit motive
functions at the expense of ethics of individual LSK members and the integrity of the
legal profession itself.
The findings revealed that code of ethics was positively correlated to compliance with
valid practicing certificate, r(198)=.405, p<.01; compliance with advocate advertising
rules, r(198)=.513, p<.01; offering of legal services in area of competence, r(198)=.466,
p<.01; professional fees, r(198)=.465, p<.01; conflict of interest consideration
r(198)=.564, p<.01; advocate fairness to clients, r(198)=.447, p<.01; fidelity to law
r(198)=.462, p<.01; and code of ethics effectiveness, r(198)=.340, p<.01. These results
imply that the ethical conduct of LSK members improved with increase in provisions of
68
the professional code of ethics. This is consistent with past studies as reported by
Akadakpo and Enofe (2013) who found that professional ethical codes in the accountancy
profession had significant influence on the conduct of accountants.
One Way ANOVA effect revealed a significant effect for practicing status,
F(1,198)=5.363, p=.02. This may be explained by the fact made clear by Ojienda and
Katarina (2015) that the possession of a practicing certificate issued by the LSK is a
precondition for offering legal services in Kenya and it‟s absence disqualifies a member
from signing any legal document or appearing in any court of law as an advocate
irrespective of whether their name appear in the advocate‟s roll.
Linear regression analysis showed that that code of ethics explained 32.0% of the
variability in respondents‟ ethical business practices (R2=0.320) and statistically
significantly predicted ethical business practices of LSK members, F(1,176) = 82.703,
p<0.05. This suggests that the existence of code of ethics influenced LSK members‟
ethical business practices. This agrees with a study by Van den Bergh and
Deschoolmeester (2010) which found that the presence of a code of ethics among
professional bodies had a significant influence on their members‟ ethical conduct.
5.3.3 The Influence of Disciplinary Sanctions on the Ethical Business Conduct of
LSK members
The findings revealed that 36.1% of the respondents perceived of disbarment as somehow
effective while 40.0% of the respondents held the view that disbarment was very effective
at influencing ethical business practices of LSK members. Similarly, 40% of the
respondents perceived of suspension as somehow effective and 32.8% were of the view
that suspension were very effective as a disciplinary mechanism. The study also showed
that 41.3% of the respondents were of the view that public reprimands was somehow
effective and 29.6% considered public remands as a very effective measure. This implies
that public reprimands were effective for enforcing ethical business practices among LSK
members. This may be explained by the fact that public reprimands damages the
reputation of the legal practitioners which may lead to suffering of losses in terms of lack
of client confidence. Collectively, these findings suggest that disbarment, suspension and
69
public reprimands served the function of deterring LSK members from engaging in
unethical conducts as theorized by Mulroy (2008). Disbarment presents the highest threat
to the advocate‟s continued practice. The influence of suspension on advocate ethics may
be explained by the observation that it is the next severe form of punishment short of
disbarment because it prohibits LSK members from practicing law in the state for a
specified or an indefinite period of time. Public reprimands also ranks high because of the
reputational costs of bad publicity.
Spearman‟s Rank Correlation Coefficient analysis showed that ethical conduct of
members was significantly correlated to disbarment (r=.237, p<.01). This is consistent
with the findings of a study by Gberegbe et al. (2016) in Nigeria where it was found that a
significant relationship existed punitive measures and professional accounting practice.
Disbarment was probably effective because it means rescinding of an advocate‟s license
to practice. The relationship between public reprimands and ethical business practices of
LSK members was statistically significant (r<.268, p<.01). This may be explained by the
fact that public reprimand earns negative publicity which is not good for business.
Regression analysis showed that disciplinary sanctions statistically significantly predicted
ethical business practices of LSK members, F(1,178) = 18.228, p<0.05 whereby it
explained 6.4% of the variability in the ethical business practices of LSK members
(R2=0.064, p<0.05). This suggests that a small fraction of the ethical business practices of
LSK members could be predicted by the disciplinary sanctions enforced by the LSK. This
may be explained by the idea that ethics codes are meant to provide guidance, not meant
to be absolute and this provides a challenge both in the enforcement and in the use of
codes (MacDowell, 2009).
5.4 Conclusions
The following conclusions were drawn:
5.4.1 The Influence of Continuous Professional Development Programs on Ethical
Business Practices of LSK members
Both correlation and regression analysis showed that continuous development programs
conducted by the Law Society of Kenya had no significant influence on the ethical
70
business practices of LSK members since the programs only served to enlighten the
members by expanding their sphere of knowledge of the legal profession and keeping
abreast of the emerging trends which enhances ethical self-awareness. However, the legal
environment in Kenya seemed to offer little incentive for the knowledge acquired to be
put to practice. A prevalence of unethical conduct and corruption in the legal profession
remained pervasive as observed by most members of the legal profession in Kenya.
5.4.2 The Influence of Code of Ethics on the Ethical Business Practices of LSK
members
ANOVA tests revealed that ethical business practices of LSK members varied by
practicing status, with higher ethical behaviour being observed among active LSK
members than inactive LSK members. Correlation test showed that there was a direct
relationship between ethical business practices of LSK members and code of ethics.
Regression test showed that code of ethics explained the variance in the ethical business
practices of LSK members. The code of ethics significantly influenced the ethical
business practices of LSK members to the extent of their enforcement, which was itself,
constrained by the potential existence of legal lacunas. All the provisions in the code of
ethics were flouted by some members of the legal profession. This included rampant
undercutting, contravention of advertising rules, continued representation in cases where
there were clear conflict of interest, exploitation of clients, lack of fidelity to law and
practicing without valid practicing certificate.
5.4.3 The Influence of Disciplinary Sanctions on the Ethical Business Conduct of
LSK members
ANOVA tests showed that there was a significant effect for years of experience, with
disciplinary sanctions being most effective for younger LSK members. Correlation test
showed that many of the disciplinary sanctions enforced by the Law Society of Kenya
positively influenced the ethical business practices of its members. Regression test
showed that disciplinary sanctions significantly predicted the ethical business practices of
LSK members. The most effective disciplinary sanction that significantly influenced
ethical business practices of LSK members was disbarment due to its implication on the
continued practice of law as a professional. However, although also significant, other
71
disciplinary mechanisms such as suspension, temporary withdrawal of practicing
certificate and public reprimand were only somehow effective and offered room for
improvement. Private reprimands, judicial actions and summons by the disciplinary
committee however had inconsequential influence on the ethical behaviour of LSK
members since no significant correlation was found.
5.5 Recommendations
5.5.1 Recommendations for Practice
5.5.1.1 The Influence of Continuous Professional Development Programs on Ethical
Business Practices of LSK members
The Law Society of Kenya should put as much emphasis on public awareness and
education as it does the continuous professional development of its members.
Communication and engagement should focus on campaigns geared towards
dissemination of legal information to increase awareness by both members of the
profession and the public about the ethical obligations of practitioners as well acquire
legal knowledge that would enhance public perception of the profession and its roles.
Involvement of all members of the legal profession in this process should be
institutionalized. This awareness would lead to better public information of individual
LSK members which should create the incentive for LSK members to behave more
ethically.
5.5.1.2 The Influence of Code of Ethics on the Ethical Business Practices of LSK
members
The Law Society of Kenya should ensure that legislations are put in place that facilitate
the enforcement of each code of ethics since the existence of code of ethics was found to
have a significant positive influence on the ethical business practice of members of the
LSK. The LSK members Act should be amended to require all LSK members, whether in
public or private service, to have a current practicing certificate, for their practice to be
legally enforceable. This should be an element reflected in the draft code of ethics before
its ratification.
72
5.5.1.3 The Influence of Disciplinary Sanctions on the Ethical Business Conduct of
LSK members
The Law Society of Kenya should intensify its disciplinary activities and sanctions in
order to stem rampant cases of unethical business practice in the legal profession since
disciplinary sanctions explained the ethical business practice of LSK members to a
statistically significant degree. Many such cases should qualify for disbarment in order to
teach a lesson to offenders and deter would-be offenders. Such cases should also be
accorded wide media exposure both as a campaign to restore public confidence in the
profession and instigate a culture change of both the consumers of legal services and the
legal professionals to act ethically. The disciplinary committee should especially be
accorded more powers in law and the attendant incentives to act on cases of unethical
business conduct of its members.
5.5.2 Recommendations for Further Studies
Although the objectives of the current study have been achieved, a few limitations that
creates the need for further studies are worth highlighting. Firstly, the current study was
limited in scope to practicing LSK members in Nairobi City only. Therefore, a more
inclusive study that represents the voices of LSK members in other regions could be
conducted to corroborate the findings of this study. Secondly, LSK members in public
service, although members of the Law Society of Kenya, were not included in the sample.
Thus, a comparative study could be conducted on the perspectives and views of LSK
members in public practice versus LSK members in private firms.
73
REFERENCES
Akadakpo, B. A. & Enofe, A. O. (2013). Impact of accounting ethics on the practice of
accounting profession in Nigeria. IOSR Journal of Business and Management,
12(1), 45-51.
Anastas, J. W. (2012). Research Design for Social Work and the Human Services. New
York, NY: Columbia University Press.
Anheier, H. K. & Toepler, S. (2009). International Encyclopaedia of Civil Society. New
York, NY: Springer Science & Business Media.
Antonius, R. (2003). Interpreting Quantitative Data with SPSS. London, UK: Sage
Publications.
Ashish, N. (2004). Establishing Credibility: The Role of Professional Associations.
Boston, MA: President and Fellow of Harvard College.
Ayodo, H. (2016). Lawyers Code of Conduct on Course. Retrieved on Retrieved on 16th
March 2016 from http://www.lsk.or.ke
Bagust, J. (2013). The legal profession and the business of law. Sidney Law Review,
35(27), 27-52.
Bar Leadership Institute (2015). Taste of ABA Resources and Services. Retrieved on 6th
April 2016 from http://www.americanbar.org
Bennett, R. J. & Robson, P. J. A. (2011). Exploring the use of trade and professional
association services. Applied Economics, 43, 1595-1605.
Benton, L. (2011). From socialist ethics to legal ethics: legal ethics, professional conduct
and the Chinese legal profession. UCLA Pacific Basin Law Journal, 28(2), 210-
240.
Campbell, T. (2005). Ethics and auditing. Canberra, AU: ANU E Press.
Cannon, T. A. (2008). Ethics and Professional Responsibility for Paralegals. New York,
NY: Aspen Publishers Online.
Cannon, T. A. (2009). Concise Guide to Paralegal Ethics, (3rd
Ed). New York, NY:
Aspen Publishers Online.
Chan, K., Leung, V., Tsang, L., & Yip, T. (2012). Attitude towards advertising by
lawyers among Hong Kong consumers. Retrieved on 19th
July 2016 from
http://www.coms.hkbu.edu.hk/karachan/file/AJBR_lawyer_ad.pdf
74
Cooper, D.R. & Schindler, P.S. (2014). Business Research Methods (20th
Ed). New York:
McGraw Hill Irwin.
Cooper, T. L. (2012). The Responsible Administrator: An Approach to Ethics for the
Administrative Role. New York, NY: John Wiley & Sons.
County Lawyers‟ Association Ethics Institute (2010). The New York Rules of Professional
Conduct: Spring 2011. Oxford, UK: Oxford University Press.
Crowley, S. (2013).Challenging Professional Learning, London, UK: Routledge.
Dal Pont, G. (2015). Uncivil Advocacy: An Intensifying Spotlight on Incivility in
Advocacy cannot be ignored. Retrieved on 3rd
February 2016 from
https://www.lawsocietywa.asn.au
Davidson, R. A., Douglas, P. C., & Schwartz, B. N. (2000). Differences in ethical
judgments between male and female accountants. Retrieved on 10th
October 2016
from http://citeseerx.ist.psu.edu/viewdoc/download?doi
Decker, C. & Yarrow, G. (2010).Understanding the economic rationale for legal service
regulation. Retrieved on 5th
February 2016 from www.legalservicesboard.org.uk
Dennison, D. B. & Tibikirra-Kalyegira, P. (2014).Legal Ethics and Professionalism: A
Handbook for Uganda. Geneva, CH: Globethics.net.
Denscombe, M. (2010). The Good Research Guide.2nd
Edition. Maidenhead, PA: Open
University Press.
Engstrom, N. F. (2011). Legal access and Attorney Advertising. Retrieved on 19th
July
2016 from
https://www.wcl.american.edu/journal/genderlaw/documents/04_19.4.Engstrom.p
df
Fisher, J. (2003). The Law of Investor Protection. London, UK: Sweet & Maxwell.
Friedman, A. L. (2013). Continuing Professional Development: Lifelong Learning of
Millions. London, UK: Routledge.
Gazley, B. (2014). Good governance practices in professional associations for public
employees: evidence of a public service ethos? Public Administration Review,
74(6), 736-747.
Gberegbe, F. B., Idornigie, G. A., & Nkanbia-Davies, L. O. (2015). Does professional
code of ethics influence professional accounting practice in Rivers State, Nigeria?
Journal of Research in Business and Management, 4(1), 14-21.
75
Gill, J. & Johnson, P. (2010).Research Methods for Managers. London, UK: Sage
Publications.
Gordon, R. W. (2003). A new role for lawyers? The corporate counsellor after Enron.
Connecticut Law Review, 35(3), 1185-1216.
Francis, A. (2016). At the edge of law: Emergent and divergent models of legal
professionalism, London, UK: Routledge.
Grenardo, D. A. (2012).Tales from the abyss: what does it take to get disbarred these
days? Retrieved on 5th
April 2016 from http://www.americanbar.org
Hair, J. F. (2015).Essentials of Business Research Methods. Armonk, NY: M.E. Sharpe.
Haller, L. (2010).Professional discipline for incompetent lawyers? Developments in the
UK and Australia. International Journal of the Legal Profession, 17(1), 83-113.
Harris, C. (2004). Producing Successful Magazines, Newsletters and E-zines.
Oxfordshire, UK: How to Books Ltd.
Healey, J. F. (2011). Statistics: A Tool for Social Research. New York, NY: Cengage
Learning.
Herring, J. (2014).Legal Ethics. Oxford, UK: Oxford University Press.
International Bar Association (2010). Risks and threats of corruption and the legal
profession. Retrieved on 23rd
May 2016 from
www.ibanet.org/Document/Default.aspx?...4871
Jackson, S. L. (2015).Research Methods and Statistics: A Critical Thinking Approach.
New York, NY: Cengage Learning.
Janosik, S. M., Cooper, D. L., Saunders, S. A., & Hirt, J. B. (2014). Learning through
supervised practice in student affairs. London, UK: Routledge.
Johnson, V. R. (2011). Legal malpractice in a changing profession: the role of contract
principles. Cleveland State Law Review, 61(489), 489-528.
Johnston, V. R. (2015). Legal malpractice in a changing profession: The role of contract
principles. Retrieved on 19th
July 2016 from https://www.stmarytx.edu/wp-
content/uploads/2012/12/Legal-Malpractice-in-a-Changing-Profession-
61ClevStLRev489.pdf
Kauffman, K. (2013). Legal Ethics. New York, NY: Cengage Learning.
Khan, I. A. (2014). Philosophy of continuous development in India: the higher education
perspective. Indian Journal of Research, 3(1), 68 – 70.
76
Khani, H. (2014). The role of professional ethics in accounting and audit. Indian Journal
of Fundamental and Applied Sciences, 4(1), 208-215.
Kim, S. H. (2011). Naked self-interest? Why the legal profession resists gatekeeping.
Florida Law Review, 63, 129-162.
King, R. L. (2014). The promotion of legal services through television advertising:
Perspectives offered by current legal research. Retrieved on 19th
July 2016 from
http://link.springer.com/chapter/10.1007%2F978-3-319-13159-7_95
Koechlin, L. (2013). Corruption as an Empty Signifier: Politics and Political Order in
Africa. Leiden: Brill Publishers.
Law Society of Kenya (2015).Press Release: Misconduct at Supreme Court. Retrieved on
16th
March 2016 from http://www.lsk.or.ke
Law Society of Kenya (2016).Code of Ethics and Conduct for LSK members. Retrieved
on 16th
March 2016 from http://www.lsk.or.ke
Law Society of Kenya (2016).CPD calendar of events 2016. Retrieved on 16th
March
2016 from http://www.lsk.or.ke
Lawry, R. P. (2003). Lawyers’ Ethics in a Post-Enron World. Retrieved on 1st February
2016 from https://repository.library.georgetown.edu
MacDowell, K. (2009). Ethics and Professional Practice for Neopagan Clergy. Raleigh,
CA: Lulu.com
MacFarlane, J. (2008). The New Lawyer: How Settlement Is Transforming the Practice of
Law. Vancover, NS: UBC Press.
Markova, G., Ford, R. C., Dickson, D. R. & Bohn, T. M. (2013). Professional
associations and members‟ benefits: what‟s in it for me? Nonprofit Management
and Leadership, 23(4), 491-510.
Mbote, P. K. &Akech, M. (2011).Kenya: Justice Sector and the Rule of Law. Cape Town,
SA: Africa Minds.
McCauley, J. M. (2010). Blogging and social networking for lawyers: Ethical pitfalls.
Retrieved on 19th
July 2016 from
http://www.vsb.org/docs/valawyermagazine/vl0210_ethics.pdf
McGuire, D., Garavan, T.N., O'Donnell, D. & Murphy, C. (2001): Continuing
Professional Development in the Irish Legal Profession: An Exploratory Study.
Continuing Professional Development, 4(2), 21 - 46.
77
Meintjes, C. & Niemann-Struweg, I. (2009). The Role of a Professional Body in
Professionalisation: The South African Public Relations Case. Retrieved on 15th
March 2016 from http://www.prismjournal.org
Miller, C. L. (2014). Disclosure of a client’s identity: Ethical dilemma. Retrieved on 19th
July 2016 from
http://www.law.ua.edu/resources/pubs/jlp_files/issues_files/vol08/vol08art11.pdf
Miller, R. L. & Meinzinger, M. (2013).Paralegal Today: The Essentials. New York, NY:
Cengage Learning.
Monsen, E. R. & Horn, L. V. (2007). Research: Successful Approaches. Chicago, IL:
American Dietetic Association.
Morgan, T. D. (2010). The Vanishing American Lawyer. Oxford, UK: Oxford University
Press.
Mulroy, T. R. (2008). The Illinois attorney registration and disciplinary commission: its
structure, operations and limitations. Loyola University Chicago Law Journal,
18(4), 1182-1208.
Musyoka, W. (2014). A Casebook on the Law of Succession. Nairobi, KE: Law Africa
Publishing.
Mutua, E. (2015).The Interrelationship between the bar and the bench: focus on
institutional reforms as a constitutional prerequisite. Retrieved on 16th
March
2016 from http://www.lsk.or.ke
Newman, C. (2012). Legal Gold for Coaches - How to Sell and Deliver Coaching,
Training and Consulting Services to Lawyers. London, UK: Ecademy Press.
Ofosu, N. D. (2011). An investigation into continuous professional development practices
among biomedical scientists: a case study of selected laboratory and health
facilities in the Ashanti Region. Retrieved on 15th
March 2016 from
http://ir.knust.edu.gh/bitstream/123456789/4440/1/David%20O.%20Ntiamoah.pdf
Ojienda, E. & Katarina, J. (2015). Professional Ethics: A Kenyan perspective. Nairobi,
KE: LawAfrica Publishing Ltd.
Onyebuchi, V. N. (2013). Are women more ethical than men or men more ethical than
women? Universal Journal of Management and Social Sciences, 3(5), 34-38.
Oshsanya, O. (2015). An Almanac of Contemporary and Comparative Judicial
Restatements. Sacramento, CA: Almanac Foundation.
78
Parker, C. & Evans, A. (2013).Inside Lawyers' Ethics. New York, NY: Cambridge
University Press.
Pendleton, I. K. (2012).Good Girl's Guide to Public Relations, Publicity and Marketing:
A HOW-To Survival Guide for the Novice. Washington DC: Ivy K Pendleton.
Rapoport, N. B. (2011). Nudging better lawyer behaviour: using default rules and
incentives to change behaviour in law firms. St. Mary’s Journal of Legal
Malpractice & Ethics, 4(42), 42-111.
Rendleman, D. A. (2013). “Morals and Ethics and Law, Oh My” – An historical
perspective on the ABA Model Rules of Professional Conduct. Baltic Journal of
Law & Politics, 6(2), 1-23.
Rhode, D. L. (2003). In the Interests of Justice: Reforming the Legal Profession. Oxford,
UK: Oxford University Press.
Saltzman, A., Furman, D. M. & Ohman, K. (2015). Law in Social Work Practice. New
York, NY: Cengage Learning.
Saunders, M., Lewis, P. & Thornhill, A. (2012).Research Methods for Business Students
(6th
Ed). Upper Saddle River, NJ: Pearson Education.
Schultze, R. (2008). What does it means to be a self-governing regulated profession.
Journal of Property Tax Assessment & Administration, 4(3), 41-53.
Shapiro, S. P. (2004). Tangled Loyalties: Conflict of Interest in Legal Practice. Ann
Abor, MI: University of Michigan Press.
Sullivan, W. M., Colby, A., Wegner, J. W., Bond, L. & Shulman, L. S. (2007).Educating
Lawyers: Preparation for the Profession of Law. New York, NY: John Wiley &
Sons.
Tavakoli, H. (2013). A Dictionary of Research Methodology and Statistics in Applied
Linguistics. Tehran: Rahnama Press.
Trebilcock, M. J. & Daniels, R. J. (2009). Rule of Law Reform and Development:
Charting the Fragile Path of Progress. Cheltenham: Edward Elgar Publishing.
Trevino, L. K. & Nelson, K. A. (2010).Managing Business Ethics. New York, NY: John
Wiley & Sons.
Van den Bergh, J. & Deschoolmeester, D. (2010). Ethical decision making in ICT:
Discussing the impact of an ethical code of conduct. Retrieved from
http://www.ibimapublishing.com/journals/CIBIMA/2010/127497/127497.pdf
79
Van der Waldt, G. (2004). Managing Performance in the Public Sector: Concepts,
Considerations and Challenges. Cape Town, SA: Juta and Company.
Waraich, A. A. (2013). The Legal Framework to Inculcate CPD in Pakistan. Retrieved on
14th
March 2016 from http://sol.org.pk/wp-content/uploads/2013/09/Mr.-Ahmed-
Warraich-Presentation.pdf
Weiss, A. R. (2009). Justice Examined: A Humorous Romp Through the Foibles of the
Legal System. Bloomington, IN: AuthorHouse.
Young, P. M. (2010). Teaching professional ethics to lawyers and mediators using active
learning techniques. South Western Law Review, 40, 127-174.
80
APPENDICES
Appendix I: Cover Letter
Sheila Wanja Gitau
United States International University-Africa
P.O. Box 38984-00623
Nairobi
Dear Respondent,
I am Wanja Gitau, a student at the United States International University-Africa. I am
carrying out an academic research titled; “The influence of professional bodies on the
ethical business conduct of members: A case of the Law Society of Kenya”. This is in
partial fulfilment of the requirement for the award of the Executive Master of
Organizational Development degree program at the university.
You have been selected to participate in this study by filling in the attached questionnaire.
Your views and opinions are important towards safeguarding the prestige of the legal
profession and improvement of the services you receive as a member of the LSK.
Confidentiality is strictly emphasized in this process. Therefore, kindly do not disclose
your identity anywhere in the questionnaire. Your responses will be used strictly for
academic purposes only. For further concerns, please feel free to contact me.
Thank you.
Yours faithfully,
Sheila Wanja Gitau
Phone: 0733 958 036
81
Appendix II: Questionnaire
Introduction
The purpose of this study is to determine the influence of professional bodies on the
ethical business conduct of members of the Law Society of Kenya. It is on this basis
that your views are sought to evaluate the effect of LSK programs and disciplinary
mechanisms on the ethical business conduct of LSK members towards the protection of
the reputation and prestige of the legal profession. Please fill all the questions as
accurately and as completely as possible by either ticking in the appropriate boxes or
writing in the spaces provided. Thank you.
PART A: GENERAL INFORMATION
1. Your gender: Female Male
2. Age: <30 years 30-50 years >50 years
3. Level of Education: LL.B LL.M
Other (please specify) _____________________________
4. Practicing Status: Active advocate Inactive advocate
5. How many years have you been a practicing advocate?
< 5 years 5 to 10 years > 10 years
6. How long have you been a member of LSK?
< 5 years 5 to 10 years > 10 years
The National Corruption Perception Survey published by the Ethics and Anti-Corruption
Commission – the most up-to-date survey report containing findings on corruption among
professional groups –ranked LSK members as the leading corrupt professionals ahead of
nine other professionals, including land surveyors, accountants, auditors, doctors and
nurses. On this respect, please indicate whether you agree or disagree with the following
statements:
Strongly
Disagree
(1)
Disagree
(2)
Neutral
(3)
Agree
(4)
Strongly
agree
(5)
7. The negative public image of
LSK members is a fair
representation of the actual
conduct of some LSK
members that I know
8. Unethical conduct is indeed
rampant among members of
the legal profession in Kenya
82
PART B: THE INFLUENCE OF CONTINUOUS PROFESSIONAL
DEVELOPMENT PROGRAMS ON LSK MEMBERS’ ETHICAL PRACTICES
Please tick the cell which most closely reflects your opinion on the following statements
Str
on
gly
Dis
agre
e
Dis
agre
e
Neu
tral
Agre
e
Str
on
gly
agre
e
(1) (2) (3) (4) (5)
9. Continuous Professional Development
programs conducted by the LSK are helpful in
making ethical decisions in business
10. Continuous Professional Development
programs help members keep a breasts of
emerging ethical challenges and how they can
be overcome
11. Refresher courses offered by LSK adequately
address ethical dilemmas
12. The conferences and seminars organized by the
LSK allows for peer learning from past
experiences with ethical situations
13. The Continuous Professional Development
courses provide clear guidelines for making
ethical judgments
14. Continuous Professional Development
programs increase ethical problem solving
competence of members of the legal profession
15. Generally, Continuous Professional
Development programs conducted by the LSK
enhance self-awareness for better ethical
practice
16. Continuous Professional Development
programs helps easy recognition of ethical
issues when they arise in complex situations
83
PART C: THE INFLUENCE OF CODE OF ETHICS ON THE ETHICAL
BUSINESS PRACTICES OF LSK MEMBERS
Please tick the cell which most closely reflects your opinion on the following statements
Str
on
gly
Dis
agre
e
Dis
agre
e
Neu
tral
Agre
e
Str
on
gly
agre
e
(1) (2) (3) (4) (5)
17. Some LSK members practice even without
having a valid practicing certificate for the year
18. There are LSK members who advertise their
services contrary to the rules governing
advertising and marketing
19. Some LSK members offer legal services even
on matters for which they lack the requisite
competence
20. The practice of undercutting in the legal
profession is rampant
21. There is a tendency of LSK members to
continue to act in matters where there is clear
conflict of interest
22. Some LSK members use knowledge they have
of their clients to exploit their clients unfairly
23. There is a tendency of LSK members to act in
the interest of their clients at the expense of
their duty of fidelity to the law
24. Generally, the code of ethics developed by the
LSK is effective at regulating the ethical
business practices of LSK members
84
PART C: THE INFLUENCE OF DISCIPLINARY SANCTIONS ON THE
ETHICAL BUSINESS PRACTICES OF LSK MEMBERS
Please rate the effectiveness of the following disciplinary sanctions in influencing ethical
business practices of LSK members in Kenya
Very
effective
Somehow
effective
Less
effective
Not
effective
(4) (3) (2) (1)
25. Disbarment
26. Suspension
27. Public reprimands
28. Private reprimand through a
warning letter
29. Judicial actions
30. Summons by disciplinary
committee
31. Temporary withdrawal of
practicing certificate
32. Generally, how would you rate the performance of LSK in protecting the image and
prestige of the profession from unethical individuals within the profession?
Very good
Good
Satisfactory
Poor
Please explain ______________________________________________________
__________________________________________________________________
THANK YOU FOR YOUR TIME AND COOPERATION