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 navigating the legal landscape in Kenya. This explanation will delve into the definitions, qualifications, roles, and responsibilities of both lawyers and advocates, as well as the legal framework governing their practice.
Table of Contents
Definitions and Legal Framework
1.1 Lawyer
1.2 Advocate
Qualifications and Admission
2.1 Educational Requirements
2.2 Professional Training
2.3 Admission to the Bar
Roles and Responsibilities
3.1 Lawyer
3.2 Advocate
Regulatory Bodies
4.1 Law Society of Kenya (LSK)
4.2 Advocates Complaints Commission
Ethical Considerations
5.1 Code of Conduct for Lawyers
5.2 Code of Conduct for Advocates
Conclusion
1. Definitions and Legal Framework
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 (LL.B) and may or may not have been admitted to the bar. The term "lawyer" encompasses various roles, including legal advisors, consultants, and academics.
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. The term "advocate" is specifically defined under the Advocates Act, Cap 16 of the Laws of Kenya. According to Section 2 of the Advocates Act, an advocate is a person whose name is duly entered upon the Roll of Advocates.
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. The Commission for University Education (CUE) oversees the accreditation of universities offering law degrees.
Advocate: In addition to obtaining an LL.B degree, an individual must complete the Advocates Training Programme (ATP) at the Kenya School of Law (KSL). This program includes practical training in various aspects of legal practice.
2.2 Professional Training
Lawyer: After obtaining an LL.B degree, a lawyer may choose to engage in various legal roles that do not require admission to the bar, such as legal consultancy, research, or academia.
Advocate: To become an advocate, one must complete the ATP at the KSL, which includes a pupillage period of six months under the supervision of a practicing advocate. This practical training is essential for gaining hands-on experience in legal practice.
2.3 Admission to the Bar
Lawyer: A lawyer does not need to be admitted to the bar to offer legal advice or engage in non-litigation roles.
Advocate: Admission to the bar is a formal process that involves passing the bar examinations administered by the Council of Legal Education (CLE) and being admitted to the Roll of Advocates by the Chief Justice. This process is governed by the Advocates Act, Cap 16.
3. Roles and Responsibilities
3.1 Lawyer
Legal Advice: Lawyers can offer legal advice on various matters, including contracts, property, and corporate law.
Documentation: They can draft legal documents such as wills, contracts, and agreements.
Consultancy: Lawyers can work as legal consultants for businesses, NGOs, and government agencies.
Academia: Some lawyers choose to teach law at universities or engage in legal research.
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.
Litigation: Advocates handle litigation matters, including filing lawsuits, defending clients, and making court appearances.
Legal Opinions: They provide formal legal opinions on complex legal issues.
Client Representation: Advocates represent clients in negotiations, arbitrations, and mediations.
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 lawyers and advocates in Kenya. Established under the Law Society of Kenya Act, the LSK ensures that its members adhere to professional and ethical standards.
4.2 Advocates Complaints Commission
The Advocates Complaints Commission, established under the Advocates Act, Cap 16, handles complaints against advocates. It investigates allegations of professional misconduct and can recommend disciplinary action.
5. Ethical Considerations
5.1 Code of Conduct for Lawyers
Lawyers in Kenya are expected to adhere to a code of conduct that emphasizes integrity, confidentiality, and professionalism. The LSK provides guidelines on ethical behavior for its members.
5.2 Code of Conduct for Advocates
Advocates are bound by a stricter code of conduct due to their role in representing clients in court. The Advocates (Practice) Rules, established under the Advocates Act, outline the ethical obligations of advocates, including duties to the court, clients, and the public.
Conclusion
In summary, while the terms "lawyer" and "advocate" are often used interchangeably, they have distinct meanings and roles within the Kenyan legal system. A lawyer is a general term for anyone with a legal education, 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 responsibilities of lawyers and advocates are governed by various legal frameworks, including the Advocates Act and the Law Society of Kenya Act. Understanding these differences is crucial for anyone seeking legal assistance or pursuing a career in law in Kenya.
Answered by mwakili.com