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difference between lawyer and advocate

Introduction

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

Table of Contents

  1. Definitions

  2. Qualifications and Training

  3. Roles and Responsibilities

  4. Legal Framework

  5. Case Laws and Legal Precedents

  6. Conclusion

  7. TLDR

1. Definitions

Lawyer

A lawyer is a person who has successfully completed a Bachelor of Laws (LLB) degree from a recognized university. Lawyers are qualified to provide legal advice, draft legal documents, and conduct legal research. However, they are not authorized to represent clients in court unless they have been admitted to the bar as advocates.

Advocate

An advocate is a lawyer who has been admitted to the bar and is licensed to practice law in Kenya. Advocates have the additional qualification of being able to represent clients in court. They are also authorized to perform all the functions of a lawyer, including providing legal advice, drafting documents, and conducting research.

Sources:

  • Victor Matara

  • Legal Link

2. Qualifications and Training

Lawyer

To become a lawyer in Kenya, one must:

  1. Obtain a Bachelor of Laws (LLB) degree from a recognized university.

  2. Complete the Advocates Training Program (ATP) at the Kenya School of Law.

  3. Pass the bar examinations administered by the Council of Legal Education.

Advocate

In addition to the qualifications required to become a lawyer, an advocate must:

  1. Complete a six-month pupillage under the supervision of a practicing advocate.

  2. Be admitted to the bar by the Chief Justice of Kenya.

  3. Be enrolled in the Roll of Advocates maintained by the Law Society of Kenya.

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3. Roles and Responsibilities

Lawyer

  • Legal Advice: Lawyers provide legal advice to clients on various matters, including business transactions, property issues, and family law.

  • Document Drafting: They draft legal documents such as contracts, wills, and deeds.

  • Legal Research: Lawyers conduct legal research to support their advice and document drafting.

Advocate

  • Court Representation: Advocates represent clients in court, presenting arguments and evidence on their behalf.

  • Legal Advice: Like lawyers, advocates also provide legal advice.

  • Document Drafting: Advocates draft legal documents, including pleadings and affidavits.

  • Commissioning Documents: Advocates can commission documents, making them legally binding.

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4. Legal Framework

Advocates Act (Cap 16)

The Advocates Act is the primary legislation governing the practice of advocates in Kenya. It outlines the qualifications for admission, the duties and responsibilities of advocates, and the disciplinary measures for professional misconduct.

Legal Education Act

This Act governs the legal education system in Kenya, including the accreditation of law schools and the administration of bar examinations.

Law Society of Kenya Act

The Law Society of Kenya (LSK) is the professional body for advocates in Kenya. The LSK Act outlines the functions and powers of the society, including the regulation of the legal profession and the maintenance of the Roll of Advocates.

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5. Case Laws and Legal Precedents

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.

Canuk Holdings Limited vs. Patrick Lutta T/A Lutta & Company Advocates

This case involved a dispute over professional conduct and highlighted the importance of adherence to the Advocates Act and the rules of professional ethics.

Ngao Credit Limited vs. Abel Bahati Kitsao

This case emphasized the role of advocates in representing clients in court and the legal obligations they must fulfill in the course of their duties.

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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 legal advice, draft documents, and conduct research, but they cannot represent clients in court unless they are admitted as advocates. Advocates, on the other hand, have the additional qualification of being able to represent clients in court and perform all the functions of a lawyer.

Understanding these distinctions is essential for anyone seeking legal assistance or considering a career in law in Kenya. The legal framework, including the Advocates Act, the Legal Education Act, and the Law Society of Kenya Act, provides a comprehensive guide to the qualifications, roles, and responsibilities of lawyers and advocates in Kenya.

TLDR

In Kenya, a lawyer is someone who has completed an LLB degree and can provide legal advice and draft documents, while an advocate is a lawyer who has been admitted to the bar and can represent clients in court. The Advocates Act, Legal Education Act, and Law Society of Kenya Act govern their practice.

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Answered by mwakili.com