Sunday, April 5, 2015

My simple answers to questions from students on practising Law


When I grow up, I want to become a lawyer. PHOTO | FILE
When I grow up, I want to become a lawyer. PHOTO | FILE 
By CATHY MPUTHIA

It is Easter season and, as is tradition of this column, I keep the content light.
As a legal practitioner, I am asked some of the oddest questions regarding my work and I saw it fit to demystify the legal profession in today’s column.
The most common question by teenagers is: Is Law complex? Well, anything is possible so long as it goes with your natural skills and you have a passion for what you do.
On whether or not I get scared when going to court, I say No. Again, being an advocate does not mean that one has to go to court. There are some advocates who never see the inside of a courtroom simply because they are not litigators.
As a teenager, I knew someone who was a lawyer and asked similar questions because I had this misperception that being a lawyer meant going to court and dealing with criminals. This is why my dear grandfather back home confuses me for a judge.
He tells people that if they mess with him, his granddaughter would lock them up. He thinks I am powerful…which is not such a bad thing or reputation back home. It may also be good for your ego.
Many lawyers take advantage of this misperception to have their way. Truth is, no lawyer has powers to lock you up in jail unless they want to be sued for false imprisonment.
There are so many opportunities for lawyers. A lawyer can choose to work for the Judiciary as a magistrate or judge, can go into corporate law, that is work for a corporate body as legal adviser.
One can also work for NGOs, which deal with a myriad of issues, ranging from environment, women and child rights and others.
Other lawyers, like me, choose private practice by offering legal services to individuals and organisations. Again, others teach at university and colleges. Many opportunities despite the high number of advocates.
But, older people ask me tougher questions, including the use of legal language (legalese). Recently, I was put on the spot at a forum where I was the only lawyer in the room.
Truth is, we do not have to use legalese…we just do it because it is the profession’s culture. Legalese does not make your documents more accurate, if anything, they are easier for you to understand when simplified. Someone concluded that we use legalese to justify our fees, which is not true.
Black robe
There are some legal principles that cannot be explained in anything else other than legalese. Do you know how difficult it is for a lawyer to explain a legal term in simple English? We find legalese easier.
Then, dressing. Why the black robe and the wig? Well, I admit, I had to check this one out on the Internet. That outfit is not so comfortable in the hot African sun

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