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What is the difference between a lawyer and an advocate?

In Kenya, the terms "lawyer" and "advocate" are often used interchangeably, leading to confusion. However, there is a distinct difference between the two.

1. Lawyer

A lawyer is a person who has completed a Bachelor of Laws (LLB) degree from a recognized university. This qualification allows them to practice law in various settings, including:

  • Academia: Teaching and researching law

  • Government: Working in legal departments of government agencies

  • Corporate: Providing legal advice to businesses and companies

  • Private practice: Offering legal services to individuals and organizations

2. Advocate

An advocate is a lawyer who has been admitted to the bar by the Council of Legal Education. This means they have passed the Bar Examination and are qualified to represent clients in court.

  • Advocates have the right to appear in court and argue cases on behalf of their clients.

  • They are also subject to the rules and regulations of the Law Society of Kenya (LSK).

3. Key Differences

  • Qualifications: While all advocates are lawyers, not all lawyers are advocates. To become an advocate, a lawyer must pass the Bar Examination and be admitted to the bar.

  • Court Representation: Only advocates can represent clients in court. Lawyers who are not advocates can provide legal advice and draft documents, but they cannot appear in court.

  • Professional Body: Advocates are members of the LSK, which regulates their conduct and practice. Lawyers who are not advocates may not be members of the LSK.

4. Case Laws

  • The Law Society of Kenya v. The Attorney General (2003) 1 KLR 1: This case established the right of advocates to practice law in Kenya. The court held that the LSK has the power to regulate the practice of law in Kenya, including the admission of advocates to the bar.

  • The Advocates Act, Cap 16, Laws of Kenya: This Act defines the qualifications and responsibilities of advocates in Kenya. It also outlines the disciplinary procedures for advocates who violate the rules of professional conduct.

5. Conclusion

In summary, an advocate is a lawyer who has been admitted to the bar and is qualified to represent clients in court. While all advocates are lawyers, not all lawyers are advocates. It is important to understand the difference between these two terms to ensure that you are receiving the appropriate legal services.

Sources:

Answered by mwakili.com