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difference between lawyer and advocate

Introduction

In the Kenyan legal system, the terms "lawyer" and "advocate" 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 lawyers and advocates in Kenya, referencing relevant laws and regulations.

Table of Contents

1. Definitions

   • 1.1 Lawyer

   • 1.2 Advocate

2. Qualifications and Admission

   • 2.1 Educational Requirements

   • 2.2 Professional Training

   • 2.3 Admission to the Bar

3. Roles and Responsibilities

   • 3.1 Lawyer

   • 3.2 Advocate

4. Regulatory Bodies

   • 4.1 Law Society of Kenya (LSK)

   • 4.2 Advocates Complaints Commission

5. Legal Framework

   • 5.1 The Advocates Act

   • 5.2 The Legal Education Act

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 but may not necessarily be admitted to the bar to practice as an advocate.

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 used for those who have met the requirements set by the Law Society of Kenya (LSK) and have been admitted to the bar.

2. Qualifications and Admission

2.1 Educational Requirements

• Lawyer: To become a lawyer in Kenya, one must obtain a Bachelor of Laws (LL.B) degree from a recognized university. This is the foundational educational requirement for anyone wishing to enter the legal profession.

• Advocate: In addition to obtaining an LL.B degree, an individual must also complete a Postgraduate Diploma in Law from the Kenya School of Law (KSL). This diploma is essential for those who wish to be admitted to the bar and practice as advocates.

2.2 Professional Training

• Lawyer: After obtaining an LL.B degree, a lawyer may choose to work in various legal capacities, such as legal advisors, consultants, or in-house counsel for corporations. They are not required to undergo further professional training unless they wish to become advocates.

• Advocate: To become an advocate, one must undergo a period of pupillage, which is a form of apprenticeship under a practicing advocate. This period usually lasts six months and provides practical training in legal practice.

2.3 Admission to the Bar

• Lawyer: Lawyers are not required to be admitted to the bar to offer legal advice or work in non-litigation roles.

• Advocate: Admission to the bar is a formal process that involves passing the bar examination administered by the Kenya School of Law and being admitted to the roll of advocates by the Chief Justice of Kenya. This process is governed by the Advocates Act (Cap 16 of the Laws of Kenya).

3. Roles and Responsibilities

3.1 Lawyer

• Legal Advice: Lawyers can offer legal advice to clients on various matters, including contracts, property, and corporate law.

• Drafting Documents: They can draft legal documents such as wills, contracts, and agreements.

• Consultancy: Lawyers can work as legal consultants for businesses and organizations, providing guidance on compliance and regulatory issues.

3.2 Advocate

• Court Representation: Advocates have the exclusive right to represent clients in court. They can appear in all levels of courts, from magistrates' courts to the Supreme Court of Kenya.

• Litigation: Advocates handle litigation matters, including filing lawsuits, defending clients, and conducting trials.

• Legal Opinions: They provide formal legal opinions on complex legal issues, which can be used in court or for other legal purposes.

4. Regulatory Bodies

4.1 Law Society of Kenya (LSK)

The Law Society of Kenya (LSK) is the professional body that regulates the conduct of advocates in Kenya. It ensures that advocates adhere to the highest standards of professional ethics and conduct. The LSK also provides continuous legal education to its members.

4.2 Advocates Complaints Commission

The Advocates Complaints Commission is a statutory body established under the Advocates Act to handle complaints against advocates. It investigates allegations of professional misconduct and can recommend disciplinary action against advocates found guilty of such conduct.

5. Legal Framework

5.1 The Advocates Act

The Advocates Act (Cap 16 of the Laws of Kenya) is the primary legislation governing the admission, practice, and discipline of advocates in Kenya. It outlines the qualifications required to become an advocate, the process of admission to the bar, and the code of conduct for advocates.

5.2 The Legal Education Act

The Legal Education Act (No. 27 of 2012) governs legal education in Kenya. It establishes the Council of Legal Education, which is responsible for accrediting legal education institutions and ensuring that they meet the required standards. The Act also outlines the curriculum for legal education and the requirements for obtaining a legal education qualification.

Conclusion

In summary, while the terms "lawyer" and "advocate" are often used interchangeably, they have distinct meanings and roles in the Kenyan legal system. A lawyer is anyone with a legal education who can offer legal advice and draft legal documents, while an advocate is a lawyer who has been admitted to the bar and is authorized to represent clients in court. The qualifications, roles, and regulatory frameworks for lawyers and advocates are clearly outlined in the Advocates Act and the Legal Education Act. Understanding these differences is crucial for anyone seeking legal services or considering a career in law in Kenya.

Answered by mwakili.com

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