## Table of Contents

1. Introduction
2. Definition of Advocate
3. Definition of Lawyer
4. Difference between Advocate and Lawyer
5. Conclusion

## Introduction

This response will delve into the distinction between an advocate and a lawyer in the context of Kenyan law. It will explore the definitions of both terms, highlighting their specific roles and functions within the legal profession.

## 1. Definition of Advocate

An advocate is a legal professional who is authorized to represent clients in court proceedings. This authorization is granted by the Law Society of Kenya (LSK) after the individual has met the necessary qualifications and passed the bar exam. 

* **Article 159(1) of the Constitution of Kenya, 2010:** This article defines an advocate as a person who is qualified to practice law in Kenya and is entitled to represent clients in court.
* **Advocates Act, Cap 16, Laws of Kenya:** This act outlines the qualifications, duties, and responsibilities of advocates in Kenya.

## 2. Definition of Lawyer

The term "lawyer" is a broader term that encompasses all legal professionals, including advocates. It refers to anyone who has received legal training and is qualified to provide legal advice and services. 

* **Legal Profession Act, Cap 16, Laws of Kenya:** This act defines a lawyer as a person who has been admitted to the bar and is entitled to practice law.

## 3. Difference between Advocate and Lawyer

The key difference between an advocate and a lawyer lies in their scope of practice:

* **Advocates:**  Advocates are specifically authorized to represent clients in court proceedings. They are the only legal professionals who can appear before a judge and argue a case on behalf of their clients.
* **Lawyers:** Lawyers, on the other hand, can provide a wider range of legal services, including:
    * **Legal advice:** Providing legal opinions and guidance on various legal matters.
    * **Drafting legal documents:** Preparing contracts, wills, and other legal documents.
    * **Negotiation:** Representing clients in legal negotiations and settlements.
    * **Mediation:** Facilitating dispute resolution through mediation.

## 4. Conclusion

In essence, all advocates are lawyers, but not all lawyers are advocates. Advocates are a specialized subset of lawyers who are authorized to represent clients in court. While lawyers can provide a broader range of legal services, only advocates can appear in court and argue cases on behalf of their clients. This distinction is crucial for understanding the legal profession in Kenya and the specific roles of legal professionals within the legal system. 


### Introduction

In the context of the Kenyan legal system, the terms "advocate" and "lawyer" are often used interchangeably, but they have distinct meanings and roles. Understanding the difference between these two terms is crucial for anyone navigating the legal landscape in Kenya. This explanation will delve into the definitions, qualifications, roles, and responsibilities of both advocates and lawyers, as outlined in various Kenyan legal documents.

### Table of Contents

1. Definitions
   - 1.1 Lawyer
   - 1.2 Advocate
2. Qualifications and Admission
   - 2.1 Qualifications for Lawyers
   - 2.2 Qualifications for Advocates
3. Roles and Responsibilities
   - 3.1 Roles of Lawyers
   - 3.2 Roles of Advocates
4. Regulatory Bodies
   - 4.1 Law Society of Kenya (LSK)
   - 4.2 Advocates Complaints Commission
5. Legal Privileges and Limitations
   - 5.1 Privileges of Lawyers
   - 5.2 Privileges of Advocates
6. Conclusion

### 1. Definitions

#### 1.1 Lawyer

A lawyer is a general term that refers to anyone who has a legal education and is qualified to offer legal advice. In Kenya, a lawyer is someone who has completed a law degree (LL.B) and may or may not have been admitted to the bar.

- **Source**: Legal Education Act, 2012

#### 1.2 Advocate

An advocate, on the other hand, is a lawyer who has been admitted to the bar and is authorized to represent clients in court. In Kenya, the term "advocate" is specifically defined under the Advocates Act.

- **Source**: Advocates Act, Cap 16, Section 2

### 2. Qualifications and Admission

#### 2.1 Qualifications for Lawyers

To become a lawyer in Kenya, one must:

- Obtain a Bachelor of Laws (LL.B) degree from a recognized university.
- Complete the Kenya School of Law (KSL) program, which includes a Postgraduate Diploma in Law.
- Pass the bar examination administered by the Council of Legal Education (CLE).

- **Source**: Legal Education Act, 2012

#### 2.2 Qualifications for Advocates

To become an advocate, additional steps are required:

- Fulfill all the qualifications to become a lawyer.
- Undergo a period of pupillage (internship) under a practicing advocate.
- Be admitted to the bar by the Chief Justice of Kenya.
- Obtain a practicing certificate from the Law Society of Kenya (LSK).

- **Source**: Advocates Act, Cap 16, Sections 12-15

### 3. Roles and Responsibilities

#### 3.1 Roles of Lawyers

Lawyers in Kenya can:

- Offer legal advice and consultancy.
- Draft legal documents such as contracts, wills, and deeds.
- Conduct legal research.
- Work in various capacities such as legal officers, corporate lawyers, or in academia.

- **Source**: Legal Education Act, 2012

#### 3.2 Roles of Advocates

Advocates have additional responsibilities, including:

- Representing clients in court.
- Filing and defending lawsuits.
- Acting as commissioners for oaths and notaries public.
- Offering pro bono services as mandated by the Law Society of Kenya.

- **Source**: Advocates Act, Cap 16, Sections 24-26

### 4. Regulatory Bodies

#### 4.1 Law Society of Kenya (LSK)

The LSK is the professional body that regulates the conduct of advocates in Kenya. It ensures that advocates adhere to the professional code of conduct and ethics.

- **Source**: Law Society of Kenya Act, 2014

#### 4.2 Advocates Complaints Commission

This is a statutory body that handles complaints against advocates. It ensures that advocates maintain high standards of professional conduct.

- **Source**: Advocates Act, Cap 16, Section 53

### 5. Legal Privileges and Limitations

#### 5.1 Privileges of Lawyers

- Can offer legal advice and draft legal documents.
- Can work in various legal capacities but cannot represent clients in court unless they are also advocates.

- **Source**: Legal Education Act, 2012

#### 5.2 Privileges of Advocates

- Can represent clients in all levels of court.
- Can act as commissioners for oaths and notaries public.
- Have the right to audience in court, which is not available to non-advocate lawyers.

- **Source**: Advocates Act, Cap 16, Sections 24-26

### Conclusion

In summary, while all advocates are lawyers, not all lawyers are advocates. The primary distinction lies in the additional qualifications and responsibilities that advocates have, particularly their ability to represent clients in court. Understanding these differences is essential for anyone seeking legal services in Kenya, as it helps in identifying the right professional for specific legal needs.

## Difference Between an Advocate and a Lawyer in Kenya

In Kenya, the terms "advocate" and "lawyer" are often used interchangeably, leading to confusion about their distinct roles and responsibilities. While both professions involve legal expertise, there are crucial differences that set them apart.

### 1. Definition and Scope of Practice

* **Advocate:** An advocate is a legal professional who has been admitted to the bar and is authorized to represent clients in court proceedings. They are the only legal professionals who can appear before a judge and argue a case on behalf of their clients. 
* **Lawyer:** A lawyer is a broader term that encompasses anyone who has a law degree. While lawyers can provide legal advice, they are not necessarily authorized to represent clients in court. 

### 2. Qualifications and Training

* **Advocate:** To become an advocate in Kenya, one must:
    * Obtain a Bachelor of Laws (LLB) degree from a recognized university.
    * Complete the Kenya School of Law's Post Graduate Diploma in Law (PGDL).
    * Undergo a six-month pupilage under a practicing advocate.
    * Pass the bar exam administered by the Law Society of Kenya.
    * Be admitted to the roll of advocates by the Chief Justice.
* **Lawyer:** A lawyer may have a law degree but may not have undergone the additional training and qualifications required to become an advocate. They may work in various legal fields, such as legal research, corporate law, or legal writing, without necessarily appearing in court.

### 3. Roles and Responsibilities

* **Advocate:** Advocates are primarily responsible for:
    * Representing clients in court proceedings.
    * Pleading cases before judges and juries.
    * Providing legal advice and representation to clients.
    * Drafting legal documents, such as pleadings, contracts, and wills.
    * Negotiating settlements on behalf of clients.
* **Lawyer:** Lawyers can perform a wider range of legal tasks, including:
    * Providing legal advice and counsel.
    * Drafting legal documents.
    * Conducting legal research.
    * Negotiating contracts.
    * Providing legal training and education.

### 4. Ethical Obligations

* **Advocate:** Advocates are bound by the Advocates Act, the Code of Conduct for Advocates, and the Rules of the High Court. They have a duty to the court, their clients, and the public to uphold the rule of law and act with integrity and professionalism.
* **Lawyer:** Lawyers are also subject to ethical obligations, but these may vary depending on their specific area of practice.

### 5. Case Laws

**Case Law 1:** *Naphatali Radier versus D.Njogu & Co Advocates* (Source: https://www.businessdailyafrica.com/bd/opinion-analysis/ideas-debate/is-it-time-to-review-the-professional-undertaking-rules--1974214)

* **Parties:** Naphatali Radier (Plaintiff) and D.Njogu & Co Advocates (Defendant).
* **Outcome:** The court held that an advocate is obliged by law to honor their professional undertaking. This case highlights the ethical obligations of advocates in Kenya.

**Case Law 2:** *Kenya Airports Authority (KAA) versus their Advocates* (Source: https://www.businessdailyafrica.com/bd/corporate/companies/focus-on-litigation-costs-as-advocate-s-fee-cut-by-97pc-4716622)

* **Parties:** Kenya Airports Authority (KAA) (Plaintiff) and their Advocates (Defendant).
* **Outcome:** The court slashed an advocate's fees by 97.4 percent, highlighting the importance of reasonable and justifiable fees for legal services.

### 6. Conclusion

In essence, the key difference between an advocate and a lawyer in Kenya lies in their ability to represent clients in court. While both professions require legal expertise, only advocates are authorized to appear before a judge and argue a case. Lawyers, on the other hand, can provide legal advice and perform other legal tasks without necessarily appearing in court.

### TLDR

In Kenya, an advocate is a lawyer who can represent clients in court, while a lawyer is a broader term that encompasses anyone with a law degree. Advocates have specific qualifications and ethical obligations, while lawyers may have a wider range of legal tasks.

### Sources:

- [Victor Matara](https://victormatara.com/difference-between-an-advocate-and-a-lawyer-in-kenya/)
- [Nairobi Mini Bloggers](https://www.nairobiminibloggers.com/difference-between-an-advocate-and-a-lawyer/)
- [Legal Link](https://legallink.ke/legal-glossary/advocate-vs-lawyer-legal-glossary.html)
- [Advocate Getter](https://advocategetter.com/news/lawyer-vs-advocate/)
- [Insights Advocates](https://insights.advocates.ke/types-of-lawyers-in-kenya-the-top-18-law-practices/)
- [Jambodaily](https://www.jambodaily.com/difference-between-a-lawyer-and-an-advocate-in-kenya/)
- [YEALN](https://yeaaln.org/2018/07/30/the-kenyan-guide-to-becoming-an-advocate/)
- [Difference Between](http://www.differencebetween.info/difference-between-advocate-and-lawyer)
- [Academia](https://www.academia.edu/33827152/THE_LEGAL_PROVISIONS_THAT_REGULATE_THE_CONDUCT_OF_LAWYERS_IN_KENYA)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=CAP.%2021)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/index.xql)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2039)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=CAP.%2075)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2021)
- [Wikipedia](https://en.wikipedia.org/wiki/Barrister)
- [Wikipedia](https://en.wikipedia.org/wiki/Lawyer)
- [Wikipedia](https://en.wikipedia.org/wiki/Jurist)
- [Bowmans Law](https://bowmanslaw.com/)
- [Business Daily Africa](https://www.businessdailyafrica.com/bd/corporate/companies/focus-on-litigation-costs-as-advocate-s-fee-cut-by-97pc-4716622)
- [Wikipedia](https://en.wikipedia.org/wiki/Advocate)
- [Wikipedia](https://en.wikipedia.org/wiki/Attorneys_in_South_Africa)
- [Business Daily Africa](https://www.businessdailyafrica.com/bd/opinion-analysis/ideas-debate/is-it-time-to-review-the-professional-undertaking-rules--1974214)
- [Wikipedia](https://en.wikipedia.org/wiki/Bar_association)
- [Tuko](https://www.tuko.co.ke/editorial/explainer/496542-what-takes-a-lawyer-advocate-high-court-kenya/)
- [The Legal Stories](https://thelegalstories.com/lawyer-vs-advocate/)
- [Indeed](https://in.indeed.com/career-advice/finding-a-job/lawyer-vs-advocate)
- [Legal Catalog](https://www.legalcatalog.com/articles/navigating-legal-titles-understanding-the-differences-between-attorney-advocate-lawyer-solicitor-counsel-and-barrister/)
- [ClearTax](https://cleartax.in/s/differences-between-lawyers-and-advocates)
- [Timespro](https://timespro.com/blog/learning-the-key-differences-between-advocates-and-lawyers)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/L/Labour%20Relation%20Act%20Cap.%20233%20-%20No.%2014%20of%202007/docs/LabourRelationAct14of2007.pdf)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/E/Employment%20and%20Labour%20Relations%20Court%20Cap%20234B/subsidiary%20legislation/docs/EmploymentandLabourRelationsCourtActNo20of2011_subsidiary.pdf)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/A/Advocates%20Act%20Cap.%2016%20-%20No.%2018%20of%201989/docs/AdvocatesAct18of1989.pdf)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/L/Legal%20Aid%20Act%20-%20No.%206%20of%202016/docs/LegalAidAct6of2016.pdf)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/C/Civil%20Procedure%20Act%20Cap.%2021%20-%20No.%203%20of%201924/docs/CiviProcedureAct3of1924.pdf)
- [Kenya Law](https://kenyalaw.org/caselaw/cases/view/251723/)
- [Kenya Law](https://kenyalaw.org/caselaw/cases/view/40148)
- [Kenya Law](https://kenyalaw.org/caselaw/cases/view/231732)
- [Kenya Law](https://kenyalaw.org/caselaw/cases/view/295189/)
- [Kenya Law](https://kenyalaw.org/caselaw/cases/view/241583/)
- [Lawscope](https://lawscope.org/court-advocate/)
- [Lawctopus](https://www.lawctopus.com/how-lawyers-argue-a-court-case-the-phrases-of-the-complete-lawyer/)
- [The Law Society](https://www.lawsociety.org.uk/public/for-public-visitors/resources/who-does-what)
- [Rey Abogado](https://reyabogado.com/us/is-an-advocate-a-type-of-lawyer/)


## Introduction

In Kenya, the terms "advocate" and "lawyer" are often used interchangeably, but they refer to distinct roles within the legal profession. Understanding the differences between these two terms is crucial for anyone seeking legal services or considering a career in law. This article will delve into the distinctions between an advocate and a lawyer in Kenya, focusing on their qualifications, roles, and responsibilities.

## Table of Contents

1. Definition and Qualifications
   1.1 Lawyer
   1.2 Advocate
2. Roles and Responsibilities
   2.1 Lawyer
   2.2 Advocate
3. Legal Framework
   3.1 The Advocates Act
   3.2 The Law Society of Kenya
4. Case Laws and Legal Precedents
5. Conclusion
6. TLDR

## 1. Definition and Qualifications

### 1.1 Lawyer

A lawyer in Kenya is a person who has successfully completed a Bachelor of Laws (LLB) degree from a recognized university. The LLB program typically spans four years and covers various aspects of law, including constitutional law, criminal law, civil law, and commercial law. After obtaining an LLB degree, a lawyer may choose to pursue further studies or enter the legal profession in various capacities, such as legal advisors, consultants, or researchers.

### 1.2 Advocate

An advocate, on the other hand, is a lawyer who has undergone additional training and has been admitted to the bar. The process of becoming an advocate involves:

1. **Completion of the LLB Degree**: Just like a lawyer, an advocate must first obtain an LLB degree.
2. **Diploma in Law**: After the LLB, the individual must enroll in the Kenya School of Law (KSL) for a postgraduate diploma in law. This program focuses on practical legal training and prepares candidates for the bar exam.
3. **Pupillage**: Upon completing the diploma, the candidate must undergo a mandatory period of pupillage, which is essentially an apprenticeship under a practicing advocate. This period usually lasts six months.
4. **Bar Exam**: The final step is passing the bar exam administered by the Council of Legal Education (CLE). Successful candidates are then admitted to the bar and can practice as advocates.

## 2. Roles and Responsibilities

### 2.1 Lawyer

The roles and responsibilities of a lawyer in Kenya are diverse and can include:

- **Legal Advice**: Lawyers provide legal advice to individuals, businesses, and organizations on various legal matters.
- **Drafting Documents**: They are involved in drafting legal documents such as contracts, wills, and deeds.
- **Research**: Lawyers conduct legal research to support their clients' cases or to provide informed legal opinions.
- **Consultancy**: They may work as legal consultants for corporations, NGOs, or government agencies.

### 2.2 Advocate

Advocates have a more specialized role compared to lawyers. Their responsibilities include:

- **Court Representation**: Advocates have the exclusive right to represent clients in court. They present cases, examine witnesses, and make legal arguments before judges.
- **Legal Opinions**: Advocates provide formal legal opinions on complex legal issues.
- **Negotiation and Mediation**: They often engage in negotiation and mediation to resolve disputes outside of court.
- **Legal Drafting**: Advocates draft pleadings, motions, and other court documents.

## 3. Legal Framework

### 3.1 The Advocates Act

The primary legislation governing the legal profession in Kenya is the Advocates Act (Cap 16). This Act outlines the qualifications, admission process, and disciplinary measures for advocates. It also establishes the Advocates Complaints Commission, which handles complaints against advocates.

### 3.2 The Law Society of Kenya

The Law Society of Kenya (LSK) is the professional body for lawyers and advocates in Kenya. It regulates the conduct of its members, provides continuing legal education, and advocates for legal reforms. Membership in the LSK is mandatory for all practicing advocates.

## 4. Case Laws and Legal Precedents

### Case Law 1: Naphatali Radier vs. D. Njogu & Co Advocates

In this case, the court held that an advocate is obliged by law to honor their professional undertakings. This case underscores the ethical responsibilities of advocates in their professional conduct.

### Case Law 2: Samuel Mainalema v. Director of Public Prosecution

This case highlighted the importance of recognizing the Constitution as a living document that defines the structure of governance and the relationship between the government and the governed. It emphasized the role of advocates in upholding constitutional principles.

### Case Law 3: Miscellaneous Civil Cause 238 of 2013

This case involved a dispute over the taxing officer's decision on items in a Bill of Costs. It illustrates the procedural aspects of legal practice and the role of advocates in navigating these complexities.

## Conclusion

In summary, while both lawyers and advocates play crucial roles in the Kenyan legal system, their qualifications, roles, and responsibilities differ significantly. Lawyers provide a broad range of legal services, including advice, research, and document drafting. Advocates, however, have the exclusive right to represent clients in court and are involved in more specialized legal tasks. Understanding these distinctions is essential for anyone seeking legal services or considering a career in law in Kenya.

## TLDR

- **Lawyer**: Holds an LLB degree, provides legal advice, drafts documents, conducts research, and works as a consultant.
- **Advocate**: A lawyer who has completed additional training, passed the bar exam, and is admitted to the bar. They have the exclusive right to represent clients in court.

## Sources

- [Victor Matara](https://victormatara.com/difference-between-an-advocate-and-a-lawyer-in-kenya/)
- [Nairobi Mini Bloggers](https://www.nairobiminibloggers.com/difference-between-an-advocate-and-a-lawyer/)
- [Legal Link](https://legallink.ke/legal-glossary/advocate-vs-lawyer-legal-glossary.html)
- [Advocate Getter](https://advocategetter.com/news/lawyer-vs-advocate/)
- [Tuko](https://www.tuko.co.ke/editorial/explainer/496542-what-takes-a-lawyer-advocate-high-court-kenya/)
- [Kenya Law Reports](http://www.kenyalaw.org:8181/exist/kenyalex/sublegview.xql?subleg=CAP.%2021)
- [Business Daily Africa](https://www.businessdailyafrica.com/bd/opinion-analysis/ideas-debate/is-it-time-to-review-the-professional-undertaking-rules--1974214)

Ask a lawyer: difference between advocate and lawyer

Table of Contents

Introduction

1. Definition of Advocate

2. Definition of Lawyer

3. Difference between Advocate and Lawyer

4. Conclusion

Ask a lawyer:
difference between advocate and lawyer