Litigation Advocate at MAL Consultancy

JOB SUMMARY

One of Our Clients – a leading Law Firm in the country is seeking to onboard a Litigation Advocate. S/he will be responsible for representing clients in legal disputes that require judicial intervention, including but not limited to civil, criminal, or administrative matters, with duties and responsibilities encompassing a range of tasks, from the initial stages of a case to its resolution, whether through trial, settlement, or alternative dispute resolution. S/he will handle civil lawsuits, supporting clients to resolve legal disputes without criminal penalties. The Litigation Advocate will be key in drafting legal documents such as complaints, pleas, counterclaims, and interrogatories, while investigating facts and consulting with witnesses as well as clients. S/he will represent clients in court and negotiate settlements while also guiding clients facing lawsuits and or need to file lawsuits. The Litigation Advocate will be a game-changer who will bring skills and knowledge necessary to navigate complex legal issues and aim for the best possible outcomes for the Law Firms’ clients, driving business and partnerships growth and development. S/he will be pivotal in understand the stakes involved in litigation cases and strive to bring unparalleled legal representation to every client, providing expert representation tailored to meet each unique client needs. S/he will have work experience with tier 1 -3 Law Firms.

DUTIES & RESPONSIBILITIES

Client Consultation and Case Evaluation

• Meet with clients to understand their legal issues, objectives, and the facts of their cases
• Assess and evaluate the merits of cases assigned, including review of evidence, identifying legal issues, and advising clients on the likelihood of success
• Provide clients with legal advice on how to proceed, including the potential risks, costs, and benefits of litigation.

Case Preparation

• Conduct research on relevant laws, regulations, precedents, and case law to build on each case assigned to you
• Draft and review legal documents such as complaints, motions, petitions, responses, affidavits, and discovery requests
• Investigate the facts of the case by gathering documents, interviewing witnesses, and consulting with expert witnesses
• Engage in formal discovery, including depositions, interrogatories, and document requests to obtain relevant information from the opposing party.

Case Strategy Development

• Develop a strategy for how to approach client cases, considering factors like legal theories, evidentiary issues, and potential defenses.
• ·Consider and initiate settlement discussions, either through informal negotiations or formal settlement conferences, aiming to resolve client disputes outside of court
• File pre-trial motions to dismiss, motions for summary judgment, and other pre-trial motions to narrow or resolve issues before trial.

Court Representation

• Prepare and file legal pleadings and documents with the appropriate court or tribunal
• Represent clients in hearings, motions, and trial proceedings. This may include arguing motions, presenting evidence, questioning witnesses, and making opening and closing statements.
• Organize and present evidence, prepare witnesses for testimony, and coordinate with experts to ensure all elements of the case are covered
• Challenge the opposing party's evidence and witnesses through cross-examination.

Negotiation and Settlement

• Engage in negotiations to reach a settlement or favorable resolution outside of trial, saving client time, money, and uncertainty
• Where applicable, represent clients in arbitration, mediation, or other alternative dispute resolution processes
• Draft and review settlement agreements to ensure that the client’s interests are protected.

Trial and Post-Trial Responsibilities

• Lead the presentation of evidence, examine witnesses, and argue the case in front of a judge or jury
• If the case is tried before a jury, assist with jury selection to ensure impartiality and fairness
• File post-trial motions, such as motions for a new trial or motions to appeal, if the outcome is unfavorable to the client
• If the case is appealed, represent the client in the appellate court by submitting briefs and making oral arguments.

Legal Drafting and Communication

• Draft pleadings, motions, briefs, and other legal documents with precision to present written arguments clearly and persuasively
• Keep clients informed about the status of their case, explaining legal concepts and strategies in a way they can understand. Correspond and negotiate with opposing counsel to facilitate discovery, settlement talks, or resolve disputes.

Ethical and Professional Responsibilities

• Maintain strict confidentiality regarding client information and case details
• Ensure compliance with the ethical rules of the legal profession, such as avoiding conflicts of interest, ensuring fairness, and promoting justice
• Manage deadlines and court schedules effectively, ensuring timely filings and appearances.

Post-Litigation Tasks

• After a successful verdict, assist with the enforcement of judgment through garnishment, liens, or other legal mechanisms
• If the case outcome is unsatisfactory, file an appeal or take further legal action as guided by the client and Partners.

EDUCATON SKILLS & COMPETENCIES REQUIRED

• An Undergraduate Degree in Law (LLB) from a recognized institution of learning
• A Diploma in Law from the Kenya School of Law(KSL)
• A Registered and Practicing Attorney of Law
• Member of the Law Society of Kenya (LSK)
• At least three (3) - five (5) years of proven experience as a practicing litigation Advocate in a highly commercial environment overseeing the end-end support as provided to clients who require Litigation support
• Knowledge of litigation processes locally, regionally and beyond
• Ability to interpret and represent laws and opinions optimally
• Results-oriented, self-motivated, self-starter, who is flexible and adaptable to rapid change and has the ability to work in a fast-paced, high demand environment
• Strong consultative and influencing skills with the ability to build strong working relationships across all levels
• Self-starter with excellent organizational skills, with emphasis on priorities and objective achievement
• Very good interpersonal, litigation communication and presentation skills with a good focus on organization, and enhanced multitasking abilities
• Strong proficiency in MS office applications - Microsoft Word, Excel, PowerPoint
• Ability to communicate information, whether technical or non-technical to a varied audience in a clear and concise manner
• Full knowledge and awareness of the legal sphere with the ability to bring together stakeholders.