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difference between advocate and lawyer
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.
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Answered by mwakili.com