Legal Manager - FAK at Absa Bank Limited

Job Summary

The Legal Manager will serve as a legal adviser to First Assurance and will report to the Head of Claims Department. Responsible for offering legal counsel, Coordinate operations of external advocates, negotiations to ensure settlement of third-party claims, and recovery on behalf of the company.
Also expected to work closely with other members of the organization to provide general legal guidance and advice to the organization.

Job Description

Litigation Management.

• Receiving summons and determining whether liability attaches on the part of the Company.
• Appointment of service providers to handle company matters as per policy and maintenance of a register for such appointments.
• Reviewing legal claims lodged against our insured’s and engaging third parties in out-of-court negotiations in line with past precedents and set parameters. Always ensuring that adequate reserves are maintained.
• Instructions to external lawyers on how the cases are to be handled.
• Reviewing correspondence and opinions from external lawyers and advising management.
• Engage in pre-trial briefings & in conjunction with external lawyers prepare witnesses for court attendance.
• Responding to advocates correspondence and ensuring up to date information is in each file.
• Reviewing judgments and recommending settlement or appeals. Making sure that adequate reserves are maintained.
• Receiving summons to enter appearance and plaint from our insured’s and distributing the same to our panel of external advocates.
• Negotiating matters out of court and keeping registers of such matters.
• Periodically review legal files to ensure accurate reserves are maintained and to ensure the files are up to date.
• Handling the Company’s recoveries from third parties and other insurance companies by instituting suits or out of Court negotiations and follow up thereof.
• Ensuring payments are raised in good time, authorized and forwarded to Finance Department. Follow up on judgment payments to avoid executions.
• Preparing legal reports & opinions.
• Pursue Third Party recoveries for the Company.
• Distributing the work coming into the claims legal department ensuring that all mails are actioned.
• Approving all discharge vouchers and judgments as per the approval limits
• Reviewing the external advocates fees to ensure that the fee notes are raised as per remuneration order.
• Providing legal advice, opinion and assistance on all legal claims matters to the management.
• Attending court hearing on behalf of the organization as and when required.
• Ensure Status Reports from service providers are received as per the guidelines.
• Prepare monthly reports and any other report that may be requested.

Policy development and advisory

• Review internal policies, procedures, and other documentation to make sure they are compliant with statutory and regulatory requirements.
• Help management with the interpretation and application of laws and regulations.
• Conduct proactive research on any pertinent legal issues and provide strategic legal guidance on the same.
• Monitor and communicate relevant changes in regulatory, corporate, and other applicable laws which may impact the business.

Regulatory compliance 

• Support management in the proactive identification and mitigation of legal, regulatory, and business risks.
• Liaise with relevant departments to ensure that where legal risks have been identified, appropriate courses of action are taken.
• Monitor and communicate relevant changes in regulatory, corporate, and other applicable laws which may impact the business.
• Provide support on the operational areas with day-to-day regulatory insurance compliance issues.
• Provide required support in the preparation of the department’s monthly and quarterly reports for executive management meetings and Board meetings.
• Timely response to IRA matters and attend meetings as and when required.
• Ensure biannual review of all outstanding liability claims.

Operations

• Providing continuous leadership, supervision, training, and development of the legal department staff to ensure an effective and motivated team.  
• Ensure maintenance of documentation and legal databases.
• Ensure biannual review of all outstanding liability claims.
• Provide accurate, reasoned and concise legal advice to business teams at all levels and across multiple departments
• Reviewing and developing legal and communication policies, procedures and recommending areas of improvement
• Promoting legal, compliance and risk management best practice throughout the company
• Drafting and reviewing various insurance related documents, developing and supporting the ongoing use of document templates, working collaboratively with teams across the business to ensure stakeholder interests are understood and addressed.
• Horizon scanning for future areas of challenge or change within the insurance regulatory and legal framework as well as the insurance industry generally, working collaboratively to identify and consider approaches to address such challenges or changes
• Independently managing various projects and deadlines, working collaboratively with the legal team and wider business required.
• Various BAU responsibilities including supporting the review of NDAs and other common insurance agreements and endorsements, as well as legal review of documents produced by the business.
• Ability to provide secretarial and legal services to the business as when required.

Education and Experience Required:

• Bachelor of Laws degree (LLB) from a recognized institution.
• Certified Public Secretary (CPS) with a valid and current Practicing Certificate issued under the Certified Public Secretaries Act.
• Must be an Advocate of the High Court of Kenya with a valid and current practicing certificate.
• A registered member of the Law Society of Kenya in good standing.
• At least 7 years’ experience legal practice in Insurance/financial institution with experience in Commercial Law, Litigation and Conveyance
• An eye for detail, strong organizational skills and able to take responsibility for own workload.
• Demonstrated integrity and professional competence as reflected in work performance and results.
• Excellent written and spoken communication skills;
• Strong team leadership skills.
• Must be a team player.

Knowledge & Skills and Competencies:

• Ability to conduct extensive and comprehensive legal research to aid in decision making.
• Ability to represent the interests of the Company’s shareholders and act on behalf of the Company in the issuance of formal communication.
• Project management skills and communication skills including presentation and facilitation skills.
• Ability to lead, influence and drive change initiatives in support of business strategies within the department.
• Judgement and decision-making skills
• Understanding of insurance sector operating models
• Attention to detail and accuracy, planning and organizing skills, integrity, and accountability