15/11/2013
Dear all,
Mrs. Arwa and Mr. Ouma had a meeting with all class representatives today as they wanted to provide a basic guideline of what is expected of students in the exam.
Please note these are the topics which you will come across in the exam:
1. Professional Negligence;
2. Professional Undertaking;
3. Prohibited Acts ;
4. Advocate Client Relationship- rights and duties of an advocate together with consequences of breech;
5. Discipline of Advocates- this will cover most questions in a broad sense;
6. Focus on ethics of Judicial Officers and Public prosecutors; and
7. Advertising/Marketing- in this please deal with these three main issues
(i) Form requirements- what forms of advertising are allowed? eg can you put a billboard run it on television etc
(Ii) Medium- what medium/media are we allowed to use? eg radio,through internet, websites etc
(iii) Content- what is acceptable for us to include in a n advertisement i.e. what can you tell the audience and what you can't;
Question 1 will be a compulsory question which will be broad and can have a combination of all the topics mentioned above.
They also mentioned that Discussion of Philosophy is not coming/irrelevant for exam purposes but if one wants to perfect their answers a good understanding of the same will be helpful.
Please note that basic case law and statutory provisions should be used in answering the questions.
They provided a simple guide in answering question:
when a question asks to identify issues (5mks) just list the issues
when one is asked to Identify and discuss- discuss the issues presented.
when asked to resolve- ask yourself what could be the solution e.g u identified conflict of interest say why there is conflict of interests, what acts give rise to a conflict, and finally advise on whether one should act or not in such a scenario.
its is also important to stay within the facts provided in the question DO NOT provide for facts which are not in the question.
when asked to discuss- use case and statutory law.
Please find attached Class A's commendable assignment on Advertising which Mr.Ouma thought would be benefit all students.
Mrs. Arwa will try sort out her Box issues and you shall find her notes and any other relevant information on Box- KEEP AN EYE FOR MATERIAL POSTED ON BOX BY MR.Ouma and Mrs. Arwa.
I hope this information will be of great help.
Best of Luck lets all ace these Bar exams!!!