# GMM
## Litigation & Dispute Resolution Practice The Legal Services You Deserve Commercial & Civil Litigation Appeals Judicial Review Election Law Adoption & Family Law Bankruptcy & Insolvency, Liquidation, Statutory Management & Winding Up Debt Recovery Employment & Labour Relations Wills & Probate & Intestate Administrations Estate Management & Trusts Professional Negligence & Medical Malpractice Negotiation & Mediation, Arbitration ## Commercial & Civil Litigation Effective Protection of Your Interests in Litigation In our Business & Investment Practice, we offer a service called Corporate Governance & Compliance. One of the objectives of that service is to help you minimize the legal risks attendant to your particular business. We offer to assist you to comply with the law. When litigation arises despite your best effort to avoid the same, GMM offers representation in commercial litigation, civil litigation and other related litigation. GMM offers to assist in litigating diverse disputes, including: trade and business disputes; property disputes; employment contract disputes; procurement disputes; defamation; torts; winding-up; breach of contract cases; partnership disputes; shareholder disputes; sales agreement disputes; defective product disputes; distribution agreement disputes; debt recovery; intellectual property litigation. For our corporate clientèle, GMM shall offer the added representation in criminal litigation and traffic charges. ## Appeals Litigation in the Superior Court does not always result in a resolution acceptable to both parties. When that happens, GMM shall put at your disposal its appellate practice skills including review of the Superior Court Judgment and advising on whether an appeal is desirable, preparation of the memorandum of appeal, seeking interim orders at both the Superior Court and the Court of Appeal, preparation of the appellate brief, appellate oral advocacy, retention of leading Counsel in appropriate cases. ## Judicial Review Specialized & Effective Litigation Involving Government When you have to deal with administrative bodies that exercise quasi – judicial powers, be they licensing authorities, disciplinary bodies or other regulatory authorities, their decision making processes sometimes have to be subjected to judicial review. We shall place at your disposal our experience in making the requisite applications for prohibition, certiorari or mandamus. We also have the skill to represent such licensing authorities, disciplinary bodies or other regulatory authorities when their decision making processes are challenged. ## Election Law Disputes are inevitable in an electoral process. GMM offers to help its clients deal with such disputes effectively by: pre-campaign support by way of comprehensive advice on the electoral law and its practical application to avoid disputes; litigation when the dispute ends up in Court; appeals. ## Adoption & Family Law Resourceful, When It Counts Adoption in Kenya is governed by a modern piece of legislation called the Children Act. At GMM, we offer to guide our clients through the entire adoption process including: evaluating & advising on eligibility; liaising with adoption societies, security services, regulatory agencies, foreign missions and all other relevant agencies; obtaining the necessary consents; initiating and navigating the Court process to obtain ad litem orders, interim orders & final orders; processing post adoption matters such as registration of adoption orders, security bonds and periodical reports; appeals. In addition to Adoption, GMM offers limited services in other aspects of family law to a select set of clients. Issues frequently arise in families which require legal services to resolve efficiently and with minimized inconvenience. While GMM's competence is to deal with the legal issues, we maintain empathy for the client who is facing difficulties in a relationship and the attendant financial stress. The extra family law services we offer include guardianships, paternity, divorce, judicial separation, separation & maintenance, custody & visitation rights, post-decree modifications of orders, division of matrimonial property and appeals. Our approach is to recommend mediation whenever that is a practical option before moving into litigation if that is the only solution in sight. ## Bankruptcy & Insolvency, Liquidation, Statutory Management & Winding Up Control the Damage with Smart Solutions Economic and financial troubles can occur in any business for any number of reasons, and these may lead to the closure of the business. The orderly closure calls for instituting or facing bankruptcy proceedings, statutory management by regulators or voluntary or forced liquidation winding-up. In all these instances, GMM offers representation to banks and lenders, business creditors and debtors and individuals in bankruptcy. The Partners have experience in representing liquidators & statutory managers, banks, other lenders, businesses, and individuals in liquidation, statutory management, winding – up, creditor meetings, bankruptcy and civil litigation. ## Debt Recovery When a debt becomes irrecoverable in the normal course of business, GMM offers aggressive debt recovery services including litigation focusing on summary procedure. The service is available to businesses as well as to professionals, including fellow lawyers who may wish to have their Bills of Costs taxed away from the regular business of the firm. ## Employment & Labour Relations Hands-On, Attentive, Direct Approach to the legal brief at hand Human resources are the bedrock asset of every enterprise. For both masters & servants, a soured work place relationship often has negative consequences that impact on productivity on the one hand and livelihood on the other hand. Employment & Labour Relations in Kenya are governed by a wide array of legislation. GMM offers to assist both employers and employees to navigate this legal fabric, evaluating each circumstance and working with the client to structure the most effective solution to the problem at hand. Our approach is to recommend mediation and negotiation whenever possible, and thereafter litigate the dispute to conclusion in the correct forum. GMM deals with a diverse menu of Employment & Labour issues including: employment contracts; dismissals; discrimination; benefits; pension. GMM's approach is: to advise businesses on the application of the relevant laws to minimize future disputes; attending mediation and negotiation meetings; representation in the appropriate forum when all else fails. ## Wills & Probate & Intestate Administrations You have defined the Big Picture, we shall capture it in the Fine Print When you depart, there can be no better gift to spouses, children and other beneficiaries, apart from the estate itself, than a structured estate plan that eliminates disputes amongst them. The first essential is a will. GMM shall work with you to prepare a will that fulfills the requirements of law. Upon the demise of our client, GMM offers to assist the executor to process and obtain probate of the will and to litigate contests in probate. Some of the regular contests and challenges an executor is likely to encounter include: objections to the will on various grounds such as supposed incapacity of the testator or fraud and/or mistake; allegations of revocation; allegations of incapacity on the part of the executor; insufficient provisions and/or disinheritance; allegations that the will is technically defective. GMM offers to to guide and assist the client through each of these challenges both in and outside the formal Court process. If the deceased passes away without a legally recognized will, GMM offers representation in intestate administration whether the same is contested or not. ## Estate Management & Trusts Having worked hard and accumulated property, you need a deliberate strategy to deal with both foreseen and unforeseen events. Spouses and children, as caregivers, may need access to your resources in case of complete and/or permanent indisposition. You need an appropriate strategy including: education & maintenance trusts; effective mandates to take care of the estate and medical bills in the event of serious illness; effective plans for managing taxes and other statutory liabilities in your absence or when you are indisposed; longer term management of the estate before, during and (if required) after probate. GMM shall prepare for you all the necessary documentation to achieve the strategy, including wills, trusts, education, maintenance and health care directives, custodial agreements, deposit instructions and powers of attorney. ## Professional Negligence & Medical Malpractice Creative Solutions for Challenging Malpractice Problems GMM recognizes that charges of professional negligence, including medical malpractice claims, are extremely damaging to the reputation of the professional and exceedingly costly. We are committed to protecting the reputation and financial standing of professionals facing professional malpractice claims and litigation. Our approach is apply alternative dispute resolution strategies for quick and private settlement of claims. Should there be need for litigating professional malpractice claims, our firm offers experienced representation. ## Negotiation & Mediation, Arbitration Efficient & Cost-Effective Dispute Management GMM emphasizes alternative dispute resolution (ADR) techniques such as negotiation, mediation, arbitration and dispute review boards to resolve disputes. This approach is geared to reducing the legal costs of dispute resolution and to save on time. In addition, ADR gives the client greater procedural control which enhances the chances of quick resolution. E-mail: info@gmmjuris.com