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Complaints of withheld client funds double, lawyers on spot
The ACC had carried over 2,777 complaints to the period under review from previous quarters and closed March this year with 2,858 complaints still pending.
Reported complaints of lawyers withholding client funds in Kenya more than doubled during the first three months of this year to 85 up from 31 in a corresponding period last year, shining a spotlight on escalating breach of ethics in the profession.
In legal practice, withholding funds is when an advocate improperly keeps a client’s money, often claiming it as a fee, before the client has approved or the fees have been legally determined.
In its quarterly report, the Advocates Complaints Commission (ACC) says client complaints on withholding funds made up 64.4 percent of the 132 grievance files opened during the first quarter of this year.
Established in 1989, the ACC is a department under the office of the Attorney-General’s office and is tasked with addressing complaints of professional misconduct against advocates, including investigating and prosecuting the complaints before a disciplinary tribunal.
The commission had received a total of 308 new complaints during the period, marking an 18 percent jump from the 261 lodged between January and March last year.
“The commission received a total of 308 new complaints and submitted them for inquiry under the preliminary enquiry initiative…During the period under review, a total of 132 complaints were classified and files opened,” said the ACC.
Failure to render professional services and to account formed the second highest number of complaints at 17 each, while cases of failing to inform the client and overcharging made for seven and three complaints respectively.
Other complaints included; acting without instructions (two) and practicing without a license (one).
“The Commission, in the process of settling complaints during the period under review, facilitated recovery and payment of Sh4.9 million to complainants,” reported ACC.
The ACC had carried over 2,777 complaints to the period under review from previous quarters and closed March this year with 2,858 complaints still pending.
Complaints resolved under the PE initiative totalled 182 while those that were finalised added up to 45 including 36 settlements, four dismissals, and three abandonments while one complaint was abated and another one rejected.
“Matters referred to the disciplinary committee during the period for further action were 74,” said the Commission.
Among the punishments that the ACC could prescribe to advocates found culpable of misconduct include suspension from practice, formal warnings, fines, and orders to compensate and/or refund aggrieved complainants.
