Why greed is not good

We speak to Samora Owino, a litigation partner at Kimani and Michuki Advocates about the glorification of corporate malfeasance, family and what lawyering means to him.

What does being a commercial lawyer mean to you?

It means I get the chance to practice in an area of law that I always wanted to specialize in. It also gives me a chance to interact with various people who I believe enrich my experience.

What does being a commercial lawyer mean, in general terms?

The practice of commercial law is wide. A lawyer who specializes in commercial law will mostly dedicate a significant portion of his practice to drafting, reviewing contracts/agreements between parties, corporate law and resolution of commercial related disputes through various fora including negotiations, mediation, arbitration and litigation.

You have practised law for eight years now. Is the profession living up to the assumptions that you had about it since before you joined?

It generally has. I hoped to be of service to clients and communities in general and in the process, have a fulfilling personal life. It is more demanding than I initially thought, but rewarding if one sets to be true to the tenets of the profession.

 Being a bad lawyer means a client can go to jail, or a company will lose a lot of money or some bad guy will get away with murder, literally. Does the pressure to be a good lawyer get to you sometimes...?

It will be dishonest to say that a lawyer is completely dissociated from the pressure that you describe. It is human. I believe that a good lawyer has to appreciate his or her client’s case and also the emotions behind it but the lawyer should not be overwhelmed.

If the pressure gets to you, how do you deal with it?

Dealing with pressure takes learning and experience. I try to stick to the issues that need to be addressed, do my best while at it and leave what I cannot control or influence.

In the 1987 Wall Street movie, the main character, Gordon Gekko actually declares that ‘Greed is good.’ Having handled corporate litigation at different levels in the last 8 years, would you say that Gekko was right?

I would disagree. The answer to this is to be found in Gordon Gekko’s manipulative life. Greed creates dysfunction and severe inequalities in society. But hunger for self improvement and success is definitely good.

When representing a client, your duty and trust is to the client, I assume. What happens if your moral and ethical obligations are not compatible with what the client wants and the client’s interests?

It is said that a lawyer offers legal advice but takes instructions. If instructions are completely incompatible with my advice, moral and ethical obligations, I will respectfully decline to take up a case.

What is the one thing that you learnt while working for Philip Murgor a few years back?

It is difficult to narrow down to one thing. I learnt many things from Philip Murgor the experienced advocate and Philip Murgor the person. He is attentive to detail and extremely resilient. He is a mentor and friend.

You have two children. What kind of a father are you?

I am involved. I will always be involved. Although I am sure my children will have the best answer for this.

We are living in a country where laws work on the poor and not the rich. In fact, laws here work for the rich. How will you explain this kind of justice to your children?

That our forefathers toiled to make everyone equal before the eyes of the law and that this is an enduring struggle. I will also request them to play their part by being fair, just and respectful to every individual, no matter their social status.

The running assumption is that young male lawyers are dashing yet sneaky ‘scoundrels’ who will be scooped up by the nearest pretty girl or will scoop up the nearest pretty girl. Do you think your wife trusts you completely?

That is an exaggeration. Most pretty girls, and my wife is one of them, have the intelligence and sense to identify sneaky scoundrels from miles away. She has no reason not to trust me.

What do you do that keeps her mind at rest regarding your fidelity, knowing your work environment and the temptations it can avail?

Keep close and avoid. I have learnt that temptations are mostly a creation of the mind, everyone is exposed to them at whatever level and that succumbing is mostly a choice. My colleagues are respected professionals.

What makes your wife special, why her?

Compatibility. With time, one realizes that it is the little things in life that really, really matter. Like communication, tolerance and a good laugh.

Most people believe that lawyers should not be trusted. Others think that lawyers are untrustworthy. Do you think it would be wise for someone to trust you?

This can be the subject of an unending debate. I believe that a lawyer should be trustworthy since a client will generally entrust him/her with protection of fundamental rights, contractual rights, confidential information, money etc.

Sadly, some may not respect these. I am also aware that it is difficult to erase this generalization which may be borne out of a misconception about a lawyer’s responsibilities and reach.

 For me, I try to fulfill promises and where there is a delay or difficulty, I share with those concerned.

As a lawyer, being aggressive and non-sentimental is part of the job. How do the people around you at home cope with this side of you, because I assume, it takes a while to turn off completely and get back to normal after work?

Interestingly, this does not seem to arise. It appears they understood how to work around any form of lawyer attitude and side effects.

Which two books made the greatest impact in your life... why?

The Bible. It is the one book that can be read, re-read with so many interpretations that speak to an individual’s life experiences.

I also liked Bill Browder’s Red Notice. This is a captivating read about the real life experiences of high flying American businessman who invested heavily in the East, particularly Russia.

He explains the difficulties that State-sponsored corruption and extrajudicial violence inflicts on business and the lawyers that try to defend businessmen.

 It also shows that it is not possible to separate emotion from legal practice and that a client who is well-defended is also capable of defending his lawyers when necessary.

Personal Information

Education:

Westlands Primary - 1996

Nyan’gori High School - 2000

University of Nairobi - 2006

Kenya School of Law: 2007

Children: 2

The one thing you bought and regretted: My first car, complete waste

Date of Birth: January 19, 1983