Ask a lawyer:
What is the difference between a lawyer and an advocate?
Introduction
In Kenya, the terms "lawyer" and "advocate" are often used interchangeably, but they have distinct meanings and roles within the legal system. Understanding the difference between these two terms is crucial for anyone seeking legal services or considering a career in law.
Table of Contents
Definition of a Lawyer
Definition of an Advocate
Key Differences Between a Lawyer and an Advocate
Educational Requirements
Professional Qualifications
Scope of Practice
Legal Framework Governing Lawyers and Advocates
Relevant Case Laws
Conclusion
Sources
1. Definition of a Lawyer
A lawyer in Kenya is a person who has successfully completed a Bachelor of Laws (LLB) degree from a recognized university. Lawyers are trained in various aspects of the law and can offer legal advice, draft legal documents, and perform other legal tasks. However, they are not authorized to represent clients in court unless they have been admitted to the bar as advocates.
2. Definition of an Advocate
An advocate is a lawyer who has undergone additional training and has been admitted to the bar by the Chief Justice of Kenya. This admission allows them to represent clients in court and perform other legal duties that require court appearances. Advocates are also members of the Law Society of Kenya (LSK), which regulates their professional conduct.
3. Key Differences Between a Lawyer and an Advocate
Educational Requirements
Lawyer: Must have completed a Bachelor of Laws (LLB) degree.
Advocate: Must have completed a Bachelor of Laws (LLB) degree and undergone further training at the Kenya School of Law, followed by passing the bar examination.
Professional Qualifications
Lawyer: Can offer legal advice, draft legal documents, and perform other legal tasks but cannot represent clients in court.
Advocate: Can perform all the duties of a lawyer and additionally represent clients in court. They must be admitted to the bar and be members of the Law Society of Kenya.
Scope of Practice
Lawyer: Limited to offering legal advice, drafting documents, and other non-court-related legal services.
Advocate: Can represent clients in court, offer legal advice, draft documents, and perform all other legal services.
4. Legal Framework Governing Lawyers and Advocates
The legal profession in Kenya is governed by several statutes and regulations, including:
The Advocates Act (Cap 16): This Act outlines the qualifications, admission, and practice of advocates in Kenya.
The Law Society of Kenya Act: This Act establishes the Law Society of Kenya, which regulates the professional conduct of advocates.
The Legal Education Act: This Act governs the accreditation and quality assurance of legal education providers in Kenya.
5. Relevant Case Laws
1. R v. Karisa Chengo & 2 Others [2017] eKLR
Parties: The Republic vs. Karisa Chengo, Jefferson Kalama Kengha, and Kitsao Charo Ngati.
Outcome: The Supreme Court of Kenya held that only advocates who have been admitted to the bar can represent clients in court. This case underscores the importance of the distinction between lawyers and advocates in Kenya.
Relevance: This case highlights the legal requirement for court representation to be conducted by admitted advocates.
2. Law Society of Kenya v. Attorney General & Another [2016] eKLR
Parties: Law Society of Kenya vs. Attorney General and the National Assembly.
Outcome: The court emphasized the role of the Law Society of Kenya in regulating the professional conduct of advocates.
Relevance: This case illustrates the regulatory framework governing advocates and the importance of professional conduct.
6. Conclusion
In summary, while both lawyers and advocates in Kenya have legal education, the key distinction lies in the additional training and qualifications required to become an advocate. Advocates are authorized to represent clients in court, while lawyers who are not advocates can offer legal advice and draft legal documents but cannot represent clients in court. Understanding these differences is crucial for anyone seeking legal services or considering a career in law.
7. Sources
By understanding these distinctions, you can make more informed decisions when seeking legal representation or pursuing a legal career in Kenya.
Answered by mwakili.com