KSL ATP 103 practice questions

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Question 1Advocates Training Programme

Under the Advocates Act, which body is responsible for admitting a person to the roll of advocates in Kenya?

The Advocates Disciplinary Tribunal
The Law Society of Kenya Correct answer.
The Council of Legal Education
The Chief Justice

Explanation

The Advocates Act empowers the Law Society of Kenya, acting through its Council, to admit qualified persons to the roll of advocates and to maintain that roll. The Council of Legal Education regulates legal education, not admission to practice.

Question 2Advocates Training Programme

A pupil who has completed the required pupillage period must satisfy which additional requirement before being admitted as an advocate?

Obtaining a practising certificate first
Being of good character and a fit and proper person Correct answer.
Passing the bar examination set by the Council of Legal Education
Serving as a magistrate for one year

Explanation

Admission to the roll requires the applicant to be a fit and proper person, in addition to holding the required academic and professional qualifications and completing pupillage. A practising certificate is obtained after admission, not before.

Question 3Advocates Training Programme

Which duty does an advocate owe to the court when the advocate discovers that a client has given false evidence?

To disclose the falsity to the court and cease acting if necessary Correct answer.
To report the client to the police immediately
To keep the information confidential and continue presenting the case
To withdraw silently without informing the court

Explanation

An advocate has a paramount duty not to mislead the court. Where a client insists on maintaining false evidence, the advocate must decline to continue and may need to disclose the fact to the court, subject to confidentiality limits.

Question 4Advocates Training Programme

An advocate holds client funds in a client account. Which statement best describes the correct handling of those funds?

The funds must be kept separate from the advocate's own money and used only for the client's purposes Correct answer.
The funds may be used to settle the advocate's office expenses temporarily
The funds may be pooled with other clients' funds without record
The funds may be transferred to the advocate's personal account once fees are estimated

Explanation

Client money must be held in a designated client account, kept separate from the advocate's own funds, and applied only for the client's purposes. Proper records must be maintained for each client.

Question 5Advocates Training Programme

An advocate is approached by a prospective client whose interests conflict with those of an existing client in a related matter. What is the advocate's proper course?

Decline the new brief because of the conflict of interest Correct answer.
Act for the new client if the existing client consents in writing
Act for both clients if the matters are before different courts
Refer the new client to a colleague while continuing to advise both

Explanation

An advocate must not act where there is a conflict of interest between clients, as this undermines the duty of loyalty and confidentiality. Acting for both in related matters is generally impermissible even with consent where the conflict is significant.

Question 6Advocates Training Programme

Which of the following best describes the advocate's duty of confidentiality?

It applies only to information given in court
It applies only to written communications
It continues after the retainer ends and survives the client's death Correct answer.
It ends when the retainer is terminated

Explanation

Confidentiality is a continuing obligation that does not end with the retainer and generally survives the client's death. It covers all information acquired in the course of the professional relationship.

Question 7Advocates Training Programme

An advocate is instructed to file a plaint but the limitation period expires the next day. Which action is most consistent with professional obligations?

Delay filing and inform the client after the period lapses
Advise the client that limitation does not apply to civil claims
File the plaint within time and serve the client's interests diligently Correct answer.
File the plaint after the period and backdate the document

Explanation

An advocate must act diligently and within the law, protecting the client's interests by observing limitation periods. Backdating documents or misleading the client would be professional misconduct.

Question 8Advocates Training Programme

In relation to fees, which statement reflects the correct professional position for an advocate?

Fees may be increased after the matter without notice
Fees may be contingent on the outcome in criminal matters
Fees may be charged at any rate agreed without any disclosure
Fees must be reasonable and disclosed to the client at the outset Correct answer.

Explanation

Advocates must charge reasonable fees and inform the client of the basis of charging at the outset. Contingency fees in criminal matters and undisclosed increases are improper.

Question 9Advocates Training Programme

An advocate receives a brief from a client but lacks the expertise to handle the matter competently. What is the appropriate response?

Accept the brief and delegate entirely to an unqualified clerk
Accept the brief and learn on the job without telling the client
Accept the brief and charge a reduced fee
Decline the brief or seek the client's informed consent to instruct a specialist Correct answer.

Explanation

Advocates must only accept work they are competent to handle or else obtain the client's informed consent to associate a specialist. Delegating to unqualified persons or proceeding without competence breaches professional standards.

Question 10Advocates Training Programme

Which of the following constitutes professional misconduct for an advocate?

Charging reasonable fees disclosed in advance
Communicating with a represented party directly about the matter Correct answer.
Maintaining separate client account records
Refusing a brief for which the advocate lacks competence

Explanation

An advocate must not communicate directly with a party known to be represented by another advocate without that advocate's consent. Refusing work outside one's competence and keeping proper records are proper conduct.

Question 11Advocates Training Programme

Before instituting a civil suit, an advocate should consider which of the following as part of competent practice?

Whether the client can pay the court fees only
Whether the opposing advocate is a personal friend
Whether the claim is barred by limitation and whether the correct parties are sued Correct answer.
Whether the matter will attract media attention

Explanation

Competent preparation includes checking limitation, jurisdiction, parties, and cause of action before filing. Fee capacity, publicity, and personal relationships are not legal criteria for filing.

Question 12Advocates Training Programme

An advocate is asked to sign an affidavit containing statements the advocate knows to be untrue. What should the advocate do?

Sign it but add a secret note to the court file
Sign it and later disown it in court
Refuse to sign and advise the client of the consequences of false statements Correct answer.
Sign it because the client instructed the advocate to do so

Explanation

An advocate must not participate in preparing or signing documents containing false statements, as this misleads the court. The proper course is to refuse and warn the client.

Question 13Advocates Training Programme

Which is the correct rule about an advocate's duty when acting as counsel in a criminal trial?

The advocate must disclose the client's guilt to the court
The advocate must ensure the client pleads guilty if evidence is strong
The advocate must refuse to cross-examine prosecution witnesses
The advocate must present the defence vigorously within the law Correct answer.

Explanation

Defence counsel must present the client's case vigorously and fearlessly within the bounds of the law, without misleading the court. Counsel does not disclose guilt or dictate a plea.

Question 14Advocates Training Programme

An advocate discovers that a former client's confidential information would be relevant to a new client's matter. What is the proper approach?

Avoid acting if the information could prejudice the former client Correct answer.
Use the information only if it helps win the case
Use the information because the former retainer has ended
Disclose the information to the new client without restriction

Explanation

Confidentiality survives the retainer, so an advocate must not act where a former client's confidential information could be used against them. The prudent course is to decline the matter.

Question 15Advocates Training Programme

Which of the following best describes the advocate's obligation regarding the court's time and resources?

The advocate should present only relevant and necessary material efficiently Correct answer.
The advocate must file every possible application regardless of merit
The advocate may prolong proceedings to increase fees
The advocate may seek adjournments as a routine tactic

Explanation

Advocates should use court resources efficiently, presenting relevant material and avoiding unnecessary applications or adjournments. Prolonging proceedings for gain is improper.

Question 16Advocates Training Programme

A client asks an advocate to hold a document in trust pending resolution of a dispute. Which principle applies?

The advocate holds it as a fiduciary and must return it on demand Correct answer.
The advocate may use the document as security for fees
The advocate may destroy it after a year
The advocate becomes the owner of the document

Explanation

Documents entrusted to an advocate are held in a fiduciary capacity and must be dealt with according to the client's instructions, returning them on demand. The advocate does not acquire ownership.

Question 17Advocates Training Programme

Which of the following is a primary purpose of the Advocates Disciplinary Tribunal?

To investigate and determine complaints of professional misconduct against advocates Correct answer.
To hear appeals from the High Court
To admit new advocates to the roll
To issue practising certificates

Explanation

The Advocates Disciplinary Tribunal hears and determines complaints of professional misconduct against advocates. Admission and practising certificates are handled by the Law Society, and it does not hear High Court appeals.

Question 18Advocates Training Programme

An advocate is offered a brief by a client who is already represented by another advocate in the same matter. What is the proper course?

Accept the brief and act without informing the existing advocate
Report the existing advocate to the tribunal
Accept the brief only after informing the existing advocate and obtaining the client's instructions Correct answer.
Decline any communication with the client

Explanation

Where a client seeks a change of advocate, the new advocate should communicate with the outgoing advocate and confirm the client's instructions. Acting behind the existing advocate's back is improper.

Question 19Advocates Training Programme

Which statement about an advocate's undertaking is correct?

An undertaking is binding only if witnessed by a notary
An undertaking is enforceable only against the client
An undertaking is a personal professional promise that must be honoured Correct answer.
An undertaking may be ignored if the client objects

Explanation

An advocate's undertaking is a personal promise given in the course of practice and must be honoured, as it reflects on the advocate's integrity. It does not depend on notarisation or the client's later objection.

Question 20Advocates Training Programme

An advocate is invited to act in a matter in which the advocate's spouse is the opposing party. What is the appropriate approach?

Decline the brief because of the personal conflict Correct answer.
Act, but keep the matter secret from the client
Act only if the spouse agrees to settle
Act, because family relationships are irrelevant

Explanation

A personal or family relationship with the opposing party creates a conflict of interest that impairs independent judgment. The advocate should decline the brief to avoid a conflict.

Question 21Advocates Training Programme

Which of the following is required for an advocate to maintain a valid practising certificate?

Appointment as a notary public
Ownership of a law firm
Membership of a political party
Payment of the prescribed fees and compliance with continuing requirements Correct answer.

Explanation

A practising certificate is issued on payment of prescribed fees and satisfaction of any continuing professional requirements. Political affiliation, firm ownership, and notarial appointment are not conditions.

Question 22Advocates Training Programme

An advocate is drafting a settlement agreement for a client. Which practice best protects the client's interests?

Omit clauses that might be disputed later
Explain the terms and consequences to the client before signature Correct answer.
Have the client sign without reading the document
Include only terms favourable to the advocate's fees

Explanation

The advocate should ensure the client understands the terms and consequences of the agreement before signing. Omitting important clauses or rushing signature undermines the client's informed consent.

Question 23Advocates Training Programme

An advocate learns during a trial that a witness called by the advocate's own client intends to commit perjury. What is the advocate's primary duty?

To inform the press of the situation
To allow the witness to testify and correct it later
To prevent the false evidence from being presented to the court Correct answer.
To withdraw from the case without notifying anyone

Explanation

The advocate's paramount duty is to prevent the court from being misled. Where the advocate knows a witness will give false evidence, the advocate must take steps to prevent it, including declining to call the witness.

Question 24Advocates Training Programme

Which of the following best describes the advocate's duty when negotiating on behalf of a client?

The advocate may conceal material facts without limit
The advocate may misrepresent facts to gain advantage
The advocate must be honest and not knowingly mislead the other party Correct answer.
The advocate may threaten criminal proceedings to gain a civil advantage

Explanation

Advocates must negotiate honestly and must not knowingly mislead the other party. Threatening criminal proceedings to gain a civil advantage is improper, and unlimited concealment of material facts may amount to misrepresentation.

Question 25Advocates Training Programme

An advocate is asked to act in a matter that the advocate believes has no reasonable prospect of success. What is the proper course?

Refuse to advise the client at all
Advise the client candidly of the weaknesses and proceed only if instructed Correct answer.
File the claim without informing the client of the risks
File the claim and hope the court does not notice

Explanation

The advocate should give candid advice on the merits and risks and then act on the client's informed instructions. Concealing weaknesses or filing without advice breaches the duty of candour to the client.

Question 26Advocates Training Programme

Under the Advocates Act, which body has the statutory power to admit a person as an advocate of the High Court of Kenya?

The Advocates Disciplinary Tribunal
The Chief Justice in person
The High Court, upon petition by the Council of the Law Society Correct answer.
The Law Society of Kenya Council

Explanation

The Advocates Act provides that a qualified person is admitted as an advocate by the High Court, following a petition presented by the Council of the Law Society of Kenya. The Council screens and recommends, but the admission itself is a judicial act of the High Court.

Question 27Advocates Training Programme

A person who has passed the Advocates Training Programme examinations but has not yet been admitted wants to appear in court for a friend. Which statement is correct?

They may not appear, because only an admitted advocate has a right of audience Correct answer.
They may appear in the High Court because they have passed the bar exams
They may appear only in the lower courts
They may appear if the friend consents in writing

Explanation

A right of audience before the courts is confined to admitted advocates (and persons otherwise permitted by law). Passing examinations does not confer a right of audience. Appearing without admission amounts to unauthorised practice.

Question 28Advocates Training Programme

Which of the following best describes a 'retainer' in the practice of an advocate?

A document filed in court to commence proceedings
An agreement by which the advocate is engaged to act for a client Correct answer.
A fee note issued after the conclusion of a matter
A stamp affixed to pleadings by the court registry

Explanation

A retainer is the contract of engagement between advocate and client, defining the scope of work and the basis of remuneration. It is the source of the advocate's authority to act.

Question 29Advocates Training Programme

An advocate's client gives instructions that the advocate considers unwise but lawful. What is the advocate's proper course?

Follow the advocate's own judgment and ignore the instructions
Follow the client's instructions after advising on the risks Correct answer.
Refer the matter to the court for direction
Refuse to act further until the client changes the instructions

Explanation

Within the limits of legality and professional propriety, the advocate is the client's agent and must act on instructions, having first given clear advice on risks. The decision on the merits belongs to the client.

Question 30Advocates Training Programme

In a civil matter, an advocate wishes to call a witness whose evidence the advocate knows to be false. What should the advocate do?

Call the witness and leave correction to opposing counsel
Call the witness but tell the court privately after the hearing
Call the witness and correct the evidence in re-examination
Decline to call the witness and inform the client of the reason Correct answer.

Explanation

An advocate must not knowingly present evidence the advocate knows to be false or lead a witness to give false evidence. The proper course is to decline to adduce it and explain the position to the client.

Question 31Advocates Training Programme

An advocate holds client funds in a client account. Which practice is required to protect those funds?

Transferring client funds to the advocate's personal account for safekeeping
Depositing client funds with the court registry in every matter
Maintaining a separate client account and proper books of account Correct answer.
Keeping client funds in the advocate's general office account

Explanation

Client money must be kept in a designated client account, kept separate from the advocate's own funds, and recorded in proper books of account. This preserves the client's beneficial ownership and enables audit.

Question 32Advocates Training Programme

Which document must an advocate normally deliver to a client setting out the basis of charges at the outset of a matter?

A certificate of urgency
A notice of appointment
A deed of guarantee
A fee agreement or note of engagement Correct answer.

Explanation

Best practice and professional rules require the advocate to inform the client in writing of the basis of charging before or at the start of the engagement. This avoids later disputes over fees.

Question 33Advocates Training Programme

An advocate is instructed by two clients whose interests directly conflict in the same transaction. What is the correct approach?

Act for both and keep separate files to avoid leakage
Act for the client who instructed first and decline the other
Decline to act for either in the conflicting matter Correct answer.
Act for both if each client consents after full disclosure

Explanation

A direct conflict of interest prevents the advocate from acting for both parties, since the duty of loyalty cannot be discharged to each. The advocate must decline the conflicting engagement.

Question 34Advocates Training Programme

Which statement correctly describes the advocate's duty when an opposing party is unrepresented in litigation?

The advocate owes the unrepresented party the same duty as to the advocate's own client
The advocate may take advantage of the party's ignorance of procedure
The advocate must refuse to proceed until the party obtains counsel
The advocate must deal with the party fairly and not exploit the lack of representation Correct answer.

Explanation

The advocate must not exploit an unrepresented opponent's ignorance, particularly on procedural matters, and should deal fairly with the court and the opponent. The duty of fairness does not extend to acting as the opponent's adviser.

Question 35Advocates Training Programme

An advocate is subpoenaed to produce a client's file in court. Which response is correct?

Seek to limit production to what is legally compellable and claim privilege where it applies Correct answer.
Produce the file in full without informing the client
Destroy the file to protect the client
Refuse to produce the file, as all client documents are absolutely privileged

Explanation

Legal professional privilege belongs to the client and can be claimed where applicable, but a court may compel production of non-privileged material. The advocate should assert privilege where it properly applies rather than refuse or destroy documents.

Question 36Advocates Training Programme

Which of the following is a key function of the Law Society of Kenya in relation to advocates?

Adjudicating civil disputes between advocates and clients
Admitting advocates to the roll
Prescribing the procedure of the High Court
Regulating and disciplining advocates through its statutory organs Correct answer.

Explanation

The Law Society of Kenya is the statutory body charged with the regulation, oversight and discipline of advocates, including through the Advocates Disciplinary Tribunal. It does not adjudicate civil claims or admit advocates.

Question 37Advocates Training Programme

An advocate acting as an arbitrator in a dispute between two parties should do which of the following?

Disclose any prior relationship with either party that may affect impartiality Correct answer.
Continue to advise one party on the same dispute
Rely on information received privately from one party
Solicit the brief for the arbitration from both parties

Explanation

An arbitrator must be independent and impartial, and must disclose any relationship or interest that could reasonably create an appearance of bias. Private communications with one party undermine the process.

Question 38Advocates Training Programme

When preparing a client for cross-examination, which practice is professionally acceptable?

Supplying the client with the opponent's confidential documents
Coaching the client to give a rehearsed account regardless of the truth
Discussing the likely questions and advising the client to answer truthfully Correct answer.
Instructing the client to avoid answering unfavourable questions

Explanation

Witness preparation is proper when it helps the client understand procedure and give truthful, clear evidence. It becomes improper when it encourages fabrication or evasion.

Question 39Advocates Training Programme

An advocate discovers that a colleague has misappropriated client funds. What is the advocate's professional obligation?

Return any share of the funds received
Confront the colleague privately and take no further step
Keep silent to protect the profession's reputation
Report the matter to the relevant disciplinary authority Correct answer.

Explanation

Misappropriation of client funds is a serious disciplinary matter, and an advocate who becomes aware of it is expected to report it to the appropriate authority. Protecting the profession does not mean concealing serious misconduct.

Question 40Advocates Training Programme

Which statement about the advocate's duty to the court when there is a conflict with the client's interest is correct?

The duty to the client always prevails
The advocate may choose which duty to prefer
The duties are identical and never conflict
The duty to the court prevails over the duty to the client Correct answer.

Explanation

Where the duty to the court and the duty to the client conflict, the duty to the court prevails, because the advocate is an officer of the court. The advocate must not mislead the court even on instructions.

Question 41Advocates Training Programme

An advocate is asked to draft a will for an elderly client who appears confused. What is the appropriate step?

Assess capacity and, if in doubt, advise on obtaining a medical opinion Correct answer.
Proceed, since the client has signed the instructions
Draft the will according to the family's wishes
Have a family member sign on the client's behalf

Explanation

The advocate must satisfy himself or herself that the client has testamentary capacity before taking instructions. Where capacity is doubtful, a medical assessment should be advised and the taking of instructions properly recorded.

Question 42Advocates Training Programme

Which of the following best describes the advocate's obligation when advising a client on whether to accept a settlement offer?

Withhold unfavourable facts so the client accepts
Give a balanced assessment of the strengths, weaknesses and costs of proceeding Correct answer.
Decide the matter on the client's behalf
Recommend acceptance to avoid the advocate's own workload

Explanation

The advocate must give the client candid, balanced advice on the merits and the costs and risks of litigation so the client can make an informed decision. The decision itself remains the client's.

Question 43Advocates Training Programme

An advocate is appointed to act in a criminal appeal and finds that the trial record is incomplete. What is the proper course?

Reconstruct the record from memory and proceed
Apply to the court for the record to be completed or for directions Correct answer.
Rely on the prosecution's summary of the evidence
Withdraw from the appeal without explanation

Explanation

Where the record is incomplete, the advocate should apply to the court for its completion or for directions so the appeal can be argued on the true record. Proceeding on a defective record prejudices the client.

Question 44Advocates Training Programme

Which of the following is a recognised ground on which the Advocates Disciplinary Tribunal may impose a penalty on an advocate?

Declining a brief for good reason
Charging fees that the client considers high
Losing a case for a client
Professional misconduct in the course of practice Correct answer.

Explanation

The Tribunal is concerned with professional misconduct, such as dishonesty, breaches of confidence or gross negligence. A mere disagreement over fees or an adverse outcome is not misconduct.

Question 45Advocates Training Programme

An advocate is asked by a client to backdate a letter of demand to create an impression of earlier notice. What should the advocate do?

Backdate it and note the true date in the file
Refuse, because it would create a false record Correct answer.
Backdate it, since the client takes responsibility
Ask a colleague to sign the backdated letter

Explanation

Backdating a document to create a false impression is dishonest and misleads third parties and possibly the court. The advocate must refuse and may record the true date openly if that is what the client intends.

Question 46Advocates Training Programme

Which statement correctly describes the advocate's position when instructed by a client to make an allegation of fraud against an opponent?

The allegation must be supported by reasonable grounds and properly particularised Correct answer.
The allegation may be made on the advocate's belief alone
The allegation may be made to pressure the opponent to settle
The allegation may be made anonymously in the pleadings

Explanation

Allegations of fraud are serious and must be specifically pleaded and supported by reasonable grounds. Making such allegations without basis is improper and may amount to an abuse of process.

Question 47Advocates Training Programme

An advocate is instructed in a matter in which the advocate previously acted for the opposing party. What is the correct approach?

Act, because the previous retainer has ended
Decline, because the former client's confidence may be compromised Correct answer.
Act, provided no confidential information is used
Act, if the former client does not object

Explanation

A former client's confidential information must not be used against that client in a related matter. Even after the retainer ends, the advocate should decline where the former client's confidence could be compromised.

Question 48Advocates Training Programme

Which of the following is required of an advocate who receives money from a client in advance of work to be done?

Treat it as the advocate's own money immediately
Hold it on account and account for it until earned Correct answer.
Return it only if the client asks
Spend it on office expenses without record

Explanation

Money paid in advance remains client money until it is earned and properly billed. It should be held on account and accounted for, with proper records.

Question 49Advocates Training Programme

An advocate is approached to act in a matter outside the advocate's area of practice but within the advocate's general competence. What is the appropriate approach?

Decline automatically, as advocates must never take new areas
Accept only if the advocate can become sufficiently competent without prejudicing the client Correct answer.
Accept and learn on the job without informing the client
Accept and delegate the whole matter to an unqualified clerk

Explanation

An advocate may accept work in a new area if proper preparation enables competent service without prejudice to the client. Otherwise the advocate should decline or refer.

Question 50Advocates Training Programme

Which of the following statements about an advocate's duty of confidentiality is correct in relation to information acquired before the retainer was formalised?

Confidentiality applies only to information received in court
Confidentiality attaches to information received in the course of preliminary discussions Correct answer.
Confidentiality may be waived unilaterally by the advocate
Confidentiality begins only when the retainer is signed

Explanation

The duty of confidence attaches to information received in the course of the professional relationship, including preliminary discussions before a formal retainer. It is the client's confidence and cannot be waived by the advocate alone.