Job Vacancy – Business Disputes Senior Associate

  Duma Works wrote this on
October 4, 2022 | No Comments

Duma Works is recruiting a Business Disputes Senior Associate for our client: a leading business law firm in Nairobi.

Department: Legal Services
Reports to: Managing Partner

Firm Vision: To deliver world-class client experiences and innovatively disrupt the legal sector alongside a passionate team.

Firm Mission

  • To use industry specific data to address the needs and preferences of our clients.
  • To use technology to make our services simple, convenient, and affordable.
Firm Industries
  • Manufacturing & Trade (Manufacturers, Retailers, Import & Export, Regulators & Business Associations)
  • Finance (Banks, Insurance, Private Equity, Venture Capital, Pension, Regulators & Business Associations)
  • Real Estate (Developers, Asset & Property Managers, Regulators & Business Associations)

Firm Practice Areas

Banking, Insurance, Insolvency, Pensions, Capital Markets, Commercial Agreements, Corporate, Construction, Environment, Employment & Benefits, Immigration, Real Estate, Intellectual Property, Data Protection, Projects & Tax.

Department Purpose
  1. To manage conflicts that arise from different aspects of clients’ business.
  2. To present & argue cases on behalf of our clients in court, arbitration, mediation.
  3. To provide legal opinions & interpretations of law, actions, and documents.
  4. To manage risk and to avoid litigation wherever possible.
  5. To analyse the negotiating weaknesses of opponents and devise optimum legal, procedural tactics or creative settlement approaches.
  6. To ensure compliance with law and regulations.
  7. To resolve business disputes.
Job Purpose
  1. To help our client’s business successfully operate and grow.
  2. To focus on issues that affect businesses and innovatively resolve them.
  3. To offer our client’s a satisfying legal experience.

Key responsibilities

1. Legal Services

  • To understand the fundamentals of our client’s work and their business goals.
  • To understand the client’s industries and the stakeholders involved.
  • To ensure compliance with local, county, national, and international laws that regulate the economic sector or industry to which the business belongs.
  • To manage both big and small legal concerns that the client might have during regular business.
  • To do everything in our power to protect our client.
  • To collaborate with our clients and take a proactive – rather than reactive – approach to litigation and ensure that our clients are never caught off guard by an unexpected turn of events.
  • To take immediate action/steps that need to be taken to mitigate client’s risk of liability.
  • To help our clients navigate the complexities of their business disputes from beginning to end.
  • To choose the correct path for legal disputes.
  • To help clients make informed decisions focused on securing a cost-effective and favourable resolution.
  • To quickly identify clients’ disputes strengths and any potential weaknesses when facing litigation.
  • To work with the client to understand their business priorities and build a case strategy cantered on what matters most to the client.
  • To develop litigation strategies and provide court precedents that support the client’s goals.
  • To file and defend clients in business litigation suits.
  • To identifying legal claims and counterclaims when clients are sued, and defenses clients can raise when sued.
  • To talk to the people in the client’s company who were involved and look for potential witnesses who can corroborate the issue.
  • To obtain evidence, including finding expert witnesses if necessary to testify on clients behalf.
  • To manage the discovery process, including turning over required information, reviewing the information provided and interviewing witnesses.
  • To submit all litigation paperwork, including motions and pleadings, during the pre-trial and trial phase.
  • To negotiate settlements or explore possibilities for other out-of-court dispute resolution alternatives.
  • To present evidence in support of client claims and make arguments court/mediation or arbitration proceedings.
  • To appeal unfavourable decisions resulting from commercial cases in which legal or procedural errors occurred.
  • To provide legal advice/opinions on the implications of government actions, new laws, court decisions and regulations and other stakeholder actions.
  • To minimize the client’s exposure to litigation.
  • To ensure that the necessary documents are filed with the appropriate governmental authorities and that the documents contain all the information and disclosures required by law.
  • To understand and navigate the effects of modern technology.
  • To ensure all legal documents are complete, accurate and properly stored.
  • To educate our clients regarding various legalities and illegalities throughout their day-to-day business.
  • To work with in-house legal departments and provide advice to the people running and working in the business.
  • To act as the liaison between the client and its stakeholders.
  • To tap into your networks to assist our clients.

2. Legal Operations

  • Work in accordance with detailed procedures and quality standards contained office handbook and relevant procedures contained in the server and practice management tool.
  • Managing multiple clients, matters, and legal activities that carry varying deadlines.
  • Ensure services are provided in a timely and efficient manner.
  • To take initiative to ensure the client is informed regularly on progress and costs.
  • Provide weekly matter work in progress reports to the Partner.
  • To use technology in the delivery of legal services.

3. Finance & Accounting

  • To discuss with clients the possible costs of the litigation including the legal fees.
  • To bill and collect monthly personal billings of five times your salary.
  • To ensure upfront payment of: 100% of disbursements, tax & government fees and 70% of legal fees.
  • With 30% balance of legal fees at conclusion of the matter.

4. Business Development

  • Continuously innovate on how to provide great client experiences.
  • Obtain at least 1 new instruction from each client monthly.
  • Attend & organise conferences, trade shows and other networking events.

5. People & Culture

  • To put your own personal agenda aside and always consider what is the right thing for the firm.
  • To behave according to the guidelines in the firm’s employer brand book.
  • To build strong working relationships with colleagues and external stakeholders.
  • Share information, knowhow, and best practice with colleagues.
  • Develop and maintain the competencies necessary to provide a proper standard of service to clients and maintain a record of professional development.

Knowledge, skills and qualifications

1. Qualified advocate

  • Admitted to the Bar as an Advocate of the High Court of Kenya;
  • Kenya School of Law – Diploma in Law
  • Masters in Law or business (LLM/MBA/MSc)
  • Undergraduate Law Degree (LLB) OR) Graduate Law Degree with upper second-class honours
  • Kenya Certificate of Secondary Education (KCSE) OR A-Levels, IGSCE’S OR Relevant High School Diploma
    • Minimum Grade B in both English & Mathematics

2. Business Acumen

a) A demonstrated understanding of business and how transactions fit in within the ordinary scope and

course of business in general.

b) In depth knowledge of how business entities operate & function.

c) Exposure to all elements of commercial transactions.

d) Experience resolving business disputes: Arbitration, Litigation & Mediation

3. Experience & Expertise in key areas of law and procedure including: –

  • Seven to eight years (Minimum 6+ years Post Admission) Litigation, Arbitration & Mediation Experience in a medium to large law firm or in-house department.
  • Practice Experience in Banking, Finance, Insolvency, Pensions, Capital Markets, Commercial Agreements, Corporate, Construction, Environment, Employment & Benefits, Immigration, Real Estate, Intellectual Property, Data Protection, Projects & Tax.
  • Industries: Manufacturing & Trade; Banking, Pensions, Insurance, Private Equity; Real Estate.

4. Meets category 4 or 5 of the firm’s statement of competence: –

  • Ethics, professionalism and judgement
    • Act honestly & responsibly.
    • Maintain knowledge through CPD’s, learning & development.
    • Work within the limits of their competence and the supervision provided.
    • Apply understanding, critical thinking and analysis to solve problems.
    • Acts in accordance to the LSK Rules of Professional Conduct.
  • Technical legal practice
    • Obtaining relevant information.
    • Legal research & drafting.
    • Business Advice on strategies & solutions.
    • Effective and persuasive spoken, written & personal presentation.
    • Negotiate Solutions to client’s issues.
    • Concludes matters – Plan, manage and progress matters.
    • Commercial and financial awareness.
  • Working with people
    • Effective oral & written communication.
    • Establish & Maintain Professional relations with clients, team & stakeholders.
    • Ability to reduce tensions and work calmly through challenging situations.
  • Managing themselves & their own work
    • Initiate, plan, prioritize and manage work activities and projects to ensure that they are completed efficiently, on time and to an appropriate standard, both in relation to their own work and work that they lead or supervise.
    • The ability to work under pressure and time constraints to meet deadlines.
    • Keep, use and maintain accurate, complete and clear records.
    • Apply good business practice.
    • IT skills commensurate with the role including ability to work without secretarial assistance utilising firm’s case management system.

5. Finance – Able to Budget, Bill and collect fees on their matters.
6. Marketing, networking and business development skills commensurate with the role.
7. Behaves according to the firm Values.

Authorities

Authorised

  • To Conduct legal matters of a Sensitive & Complex category under supervision & review of supervisor.
  • To conduct sensitive/complex client meetings with guidance from the Supervisor.
  • To sign Pleadings, legal documents & Registry documents for Principal Associate & in urgent situations for Associate I & II
  • To sign the following correspondence with supervision of Supervisor: Forwarding letters, Matter updates, Request for documents, letters progressing matters and monthly/end year client status updates.
  • Authorised to onboard matters & prepare draft fee notes according to rate card.
  • To have direct contact with clients on meetings, telephone, e-mail or telecon.
  • To give instructions to Clerks, Paralegal, Pupils and Legal Records Personnel.
  • To develop proposals for partners and clients with approval of the Supervisor.
  • To give discounts with guidance from Supervisor & Accounts.
  • To incur urgent/sensitive disbursements outside the budget with approval/discussion of client & Supervisor.
  • To responsibly instruct accountant to:-
  • Provide urgent disbursements out of the miscellaneous fund.
  • Prepare supplementary budget.
  • Provide or make payments according to approved budgets.
  • Check the government portals e.g, immigration, companies, lands e.t.c on applications requiring payment.
  • Input financial information on Firm systems e.g clio.

Not Authorised

  • To accept new instructions from clients unless approved by the Managing Partner.
  • To sign fee notes unless approved by the Managing Partner.
  • To sign sensitive letters.
  • To provide undertakings on behalf of the firm. The Managing Partner is responsible for providing undertakings.

Apply

To apply online click here

This position will remain open until filled. 

N.B.

* You will receive a confirmation email and an alert to take a basic screening test online. The email with the test may not arrive immediately. Please be patient. The email test will typically be 5-8 questions to help us understand your background.

If you apply and don’t meet these minimum qualifications, we will not be able to move forward with your application.


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