Ask a lawyer:
What is the difference between a lawyer and an advocate?

Introduction

This response will delve into the distinction between a lawyer and an advocate in Kenya, drawing upon relevant legal provisions and principles.

Table of Contents

1. Definition of a Lawyer

2. Definition of an Advocate

3. Key Differences

   1. Admission to Practice

   2. Scope of Practice

   3. Regulation

4. Conclusion

1. Definition of a Lawyer

A lawyer is a broad term encompassing individuals who have studied and obtained a legal qualification, enabling them to provide legal advice and representation. This definition is not specific to Kenya and applies generally.

2. Definition of an Advocate

In Kenya, an advocate is a legal professional who has been admitted to the Roll of Advocates by the Law Society of Kenya (LSK). This admission requires fulfilling specific criteria, including:

• Possessing a law degree: The advocate must hold a recognized law degree from a Kenyan university or an equivalent qualification from a foreign institution.

• Completing the Kenya School of Law (KSL) program: The advocate must successfully complete the KSL's postgraduate diploma in law, which equips them with practical legal skills.

• Passing the Advocates' Examination: The advocate must pass the LSK's rigorous examination, demonstrating their legal knowledge and competence.

• Taking the Oath of Office: The advocate must take the Oath of Office before the High Court, signifying their commitment to upholding the legal profession's ethical standards.

3. Key Differences

3.1 Admission to Practice

• Lawyer: The term "lawyer" is not a legally defined term in Kenya. Individuals can be considered lawyers without necessarily being admitted to the Roll of Advocates.

• Advocate: To practice law in Kenya, an individual must be admitted to the Roll of Advocates by the LSK. This process involves fulfilling specific requirements, including a law degree, KSL diploma, passing the Advocates' Examination, and taking the Oath of Office.

3.2 Scope of Practice

• Lawyer: The scope of practice for a lawyer in Kenya is not clearly defined. They may provide legal advice and representation in various areas, but their ability to appear in court is limited.

• Advocate: Advocates are authorized to appear in court and represent clients in legal proceedings. They have a broader scope of practice, encompassing litigation, legal advice, drafting legal documents, and other legal services.

3.3 Regulation

• Lawyer: The regulation of lawyers in Kenya is not as stringent as that of advocates. Individuals who are not admitted to the Roll of Advocates may still provide legal services, but their activities are not subject to the same level of oversight.

• Advocate: Advocates are regulated by the LSK, which sets ethical standards, enforces disciplinary measures, and ensures the integrity of the legal profession. The LSK has the power to investigate complaints against advocates and impose sanctions, including suspension or disbarment.

4. Conclusion

In Kenya, the term "lawyer" is a broader term, while "advocate" refers to a legal professional who has been admitted to the Roll of Advocates by the LSK. Advocates have a wider scope of practice, including court appearances, and are subject to stricter regulation by the LSK. Understanding these distinctions is crucial for navigating the legal landscape in Kenya.