Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Oregon Attorney Chris Kitchel of Stoel & Rives…
Veteran trial attorney Chris Kitchel came away from two months as a volunteer lawyer in Kenya with, among other things, a fresh appreciation of the American justice system. “I have a renewed appreciation for our legal system, how valuable and precious it is and we as lawyers must continue to work hard to keep it a just system,” says Kitchel who has been a practicing trial lawyer for 31 years.
A partner in the firm Stoel & Rives, Kitchel decided to use her sabbatical to work with a group called Lawyers without Borders. Based in Hartford, Connecticut, Lawyers without Borders was established in 2000 to provide support for Rule of Law projects and human rights initiatives around the world using pro bono services of volunteer lawyers.
Kitchel heard about Lawyers without Borders for the very first time at a conference. When the Kenyan opportunity was put to her, this 61-year-old mother of three daughters, from a large Catholic family whose parents worked the night shift and stressed education to their children, jumped at the chance.
Kenya is a country of 40 million people, half are under the age of 18, the unemployment rate is 40 percent and its social and justice systems are racked by chaos and violence—much of the violence is perpetrated against women.
Kitchel wrote a daily blog describing her experiences with the Kenyan legal system, the people who run it and the people who find themselves before the courts.
“There are no trials, there are no juries,” says Kitchel. “Crimes are prosecuted by police prosecutors. They may call someone to testify, that person is cross-examined and they go on to the next case.”
“It may be months before that case comes before the judge again,” she adds. “If the judge changes, then the defendant has the right to continue with the new judge, or start all over again.”
“The records are kept at the courthouse and are supposed to be a verbatim hand-written record,” says Kitchel. “In many of the cases I went through I found just gibberish. It is just lines across the paper and there is nothing there that is usable for anyone to see what went on before.”
Lawyers without Borders asked Kitchel to look particularly at crimes against women. She found a sexually aggressive society where women of all ages and circumstances are vulnerable to sexual attacks and often with little recourse in the justice system.
“Rape is a way of life,” says Kitchel. Women from the Nairobi slums told Kitchel that reporting a rape is useless. “They said, ‘sure report it to the police, you are more likely to get raped by the police’.”
And anyone who even tries to report a rape will be denigrated and called a “whore” or worse adds Kitchel.
Changing the system in a two month tour, of course, is impossible. But Kitchel spent many hours with young female Kenyan lawyers, setting an example for them, talking about how the American system works and raising their hopes and expectations for the future.
“I come from a huge Catholic family in the midwest and my best hope was to marry well,” says Kitchel who grew up in the 1950’s and has benefited greatly from changing social conditions for women in America. “And my parents said education will set you free.”
Kitchel says her value to women in countries like Kenya with the Lawyers without Borders project lies “on a micro basis”. “It is not so much my experience as a trial lawyer, but as female lawyer coming up through a traditionally male structure.”
“I can talk about what kind of struggles and hurdles there are for them. I think that is the value—helping other women take a similar path—that’s how I can help them.”
Would she go again to another country where people are struggling in the justice system? You bet.
Chris Kitchel holds an M.B.A. from Portland State University and a J.D. from Northwestern School of Law at Lewis and Clark College. Her practice focuses on employment litigation and she is a highly sought-after speaker.
I need a lawyer probono for my case in kenya, its a family matter and it needs urgent intervention, kindly respond at your earliest
rgds
Chris Allindi
Dear Sir/Madam,
On January 5th 2014 I sent my boss(Mr. Elad, GM for Soloplant (K) Ltd) a text message indicating to him that I wish to resign from active duty and he should look for a suitable replacement for me to train after I come from my annual leave.
I resumed work on February 1st 2014 during which time I handed in my formal resignation letter. My boss(very upset and hostile) insisted that the notice has to be as per my employment contract or I will not get a shilling and I will have to do his bidding. I agreed as I wanted to resign honourably and of course adhere to the contract that I had signed. I was fully aware of my employment contract so I was ready and willing to serve the company the three months notice before my departure.
On February 27th 2014 at around 1320hrs my boss approached me while I was on my lunch break and told me “after tomorrow you can go home, you do not have to come to work and we will pay your money”. He had made a decision that I should not complete the rest of the notice period( two months) and he later confirmed to me that I will not be paying the company the two months notice remaining.
The next day I was required to clear with the necessary offices there after proceed to the accounts .I was served with a termination of employment letter the same day further stating that I made a request to the company to waive the three month notice clause in my employment contract ( I did not) in which case I will not be paid the two months notice. I did not agree with this particular statement so I was not willing to put pen to paper. Since I had cleared and been told to leave, I had no choice but to leave and wait for a month to get paid my money but it has not happened. During the waiting period, I mailed my former boss asking him to honour the employment contract to which he declined saying that I should not expect free money.
On April 3rd 2014 I called the HR who confirm to me that the decision by the boss still remains the same…not to pay two months in lieu.
If there is a way to seek justice for me, could I get I lawyer on pro bono in Kenya.?