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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

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Page 1: INFLUENCE OF PROFESSIONAL BODIES ON THE ETHICAL …

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

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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

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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

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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.

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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)

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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.

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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.

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DEDICATION

To my beautiful family for standing by me through it all.

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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

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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

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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

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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

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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

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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.

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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).

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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

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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.

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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.

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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).

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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).

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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.

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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

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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

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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

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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

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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).

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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,

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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

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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,

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& 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

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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

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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.

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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.

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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

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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

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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).

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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

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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

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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.

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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).

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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

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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.

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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?

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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

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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.

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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%

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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%

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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%

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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

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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

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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.

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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).

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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%

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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

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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

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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

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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).

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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).

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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).

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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

%

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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%

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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%

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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%

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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).

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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

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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

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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

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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

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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

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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

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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).

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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).

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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,

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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.

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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

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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

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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

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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

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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

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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

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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

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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

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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.

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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.

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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

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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

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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

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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

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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