Commercial & Conveyancing Advocate

Business Transactions

Provide legal counsel on the formation, structuring, and operation of businesses, including sole proprietorships, partnerships, and corporations
Assist in drafting and reviewing contracts, including business agreements, partnerships, mergers, acquisitions, and joint ventures.
Advise on intellectual property issues, such as patents, trademarks, copyrights, and licensing agreements
Offer guidance on regulatory compliance, tax laws, and other business-related legal matters.

Commercial Dispute Resolution

Represent clients in disputes arising from commercial transactions, including breach of contract, shareholder disputes, fraud, or unfair trade practices
Advise on the best dispute resolution method, including negotiation, mediation, arbitration, or litigation
Draft legal pleadings, motions, and represent clients in court or arbitration proceedings as necessary.

Mergers and Acquisitions (M&A)

Advise on the legal aspects of buying or selling businesses, including conducting due diligence, drafting agreements, and structuring transactions while ensuring that the deal complies with relevant laws, regulations, and competition laws
Negotiate and prepare all documents related to the transaction, such as share purchase agreements, asset transfer agreements, and employee transfer agreements.

Corporate Governance

Advise clients on corporate governance issues, including the rights and responsibilities of directors, shareholders, and other stakeholders
Draft or review corporate bylaws, shareholder agreements, and other internal governance documents
Ensure compliance with company laws, securities regulations, and industry-specific regulations.

Regulatory and Compliance Matters

Assist clients with navigating complex industry regulations, including competition law, antitrust, environmental law, and labor law
Help clients manage legal compliance risks related to financial reporting, health and safety, consumer protection, and more.

Conveyancing

Property Transactions and Contract Negotiation

Advise clients on the legal aspects of buying, selling, or leasing property, including residential, commercial, and industrial properties
Negotiate terms of sale or lease agreements, ensuring the contract protects the client’s interests
Draft and review property-related contracts, including sale and purchase agreements, leases, and tenancy agreements.

Due Diligence and Title Checks

Conduct thorough investigations of property titles to ensure that the seller has the right to sell the property, checking for encumbrances, mortgages, or claims
Review and verify land registration documents, zoning, and planning regulations to ensure the property complies with all legal requirements
Conduct land searches and investigations to uncover any legal issues that might affect the transaction.

Drafting Deeds and Transfer Documents

Prepare the necessary legal documents to transfer ownership of the property, such as deeds of transfer and other relevant legal instruments while ensuring that the documents are correctly executed and comply with local laws, regulations, and standards for property transactions.

Coordinating with Other Professionals

Liaise with other professionals involved in property transactions, such as surveyors, real estate agents, mortgage brokers, and local government offices
Collaborate with the buyer’s legal team, government authorities (e.g., land registry offices), and financial institutions to ensure the smooth transfer of property ownership.

Financial Transactions and Settlements

Ensure the smooth transfer of funds between buyers, sellers, and financial institutions (e.g., banks) to settle the purchase price, taxes, and fees
Verify that any outstanding loans, mortgages, or taxes on the property are cleared before the transaction is completed
Oversee the release of the purchase price and ensure the seller receives the agreed-upon amount.

Property Registration

Ensure that all property documents are registered with the appropriate land registry or local government authority to finalize the transfer of ownership
Secure title deeds for the buyer and ensure the updated ownership is reflected in official records.

Post-Transaction Services

Assist clients with post-sale matters, including ensuring that the property’s ownership is recorded with provided copies of the registered documents
Address any disputes or issues that arise after the transaction, such as boundary issues, undisclosed encumbrances, or defects in the property.

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 Commercial & Conveyancing Advocate in a highly commercial environment
In-depth knowledge of property laws and business law
Strong negotiation and drafting skills
Experience in dispute resolution
Ability to guide clients through complex legal procedures
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.

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