Why lawyers should adapt to the rapidly changing times

There are 7,216 practising advocates in Kenya, a country with a population of about 45 million. The ratio of lawyers to the population is approximately 1:6,250. However, there is no proper research on demand for legal services in Kenya.

A number of issues affect the legal industry globally. For instance, lawyers are known to be risk averse and slow to change. The legal profession is dictated by historical culture such as case law, use of precedents in drafting, and the seniority rules.

Many lawyers do not have sound understanding of business management hence the slow uptake of modern business practices. Modern lawyers are expected to have sound legal skills and broaden their knowledge in other disciplines.

Research classifies lawyers based on skills. The “I-shapped” lawyer is one with deep knowledge of legal issues but limited understanding of other disciplines.

The “T-shaped” lawyer is knowledgeable in legal issues and has wide knowledge of other disciplines. The ideal 21st century lawyer should be T-shaped.

It is easier for a T lawyer to specialise. The legislative process is long and clients need legal solutions to their problems. A T lawyer is better prepared to offer clients solutions. The lawyer also helps the legal sector to perform better.

Changing client demographics have created demand for T lawyers. For instance, the business sector has witnessed the rise of youthful CEOs.
Also, today’s client is heavily dependent on ICT. Social media is a new, rapidly growing, frontier in the business environment.

Today’s client is more sophisticated and has general knowledge of the law. A T lawyer can meet the needs of such clients. He is able to adjust to globalisation and offer legal services to a wider range of clients.

Change in the legal industry is limited by some external factors. Section 37 of the Advocates Act limits the formation of multi-disciplinary law firms. There is a need for more specialised sub-bar associations where members are vetted.

Build competencies

So far, the Law Society of Kenya (LSK) has established practice area committees which will hopefully grow to be smaller bar associations within the society.

Lawyers should build their competencies in emerging areas and ensure the right talent is hired.

They should equip themselves with ICT skills and embrace social media as this is an information forum.

A number of ethical issues arise with the changing times. Change in technology makes lawyers susceptible to unethical practices such as hacking.
The use of social media raises ethical issues.

Globalisation has raised ethical issues such as lack of harmonisation of professional ethics across jurisdictions.

The rise in terrorism cases affects freedom of speech and access to information. Terrorism also raises ethical issues in advocate-client confidentiality. There has been increased radicalisation of professionals, lawyers included.

The 21st century lawyer should learn to adapt to change to serve his clients better.

Mputhia is the Founder of C Mputhia Advocates. www.cmputhiadvocates.co.ke. [email protected]