September 15, 2023
Understanding the Difference Between a Lawyer and an Advocate
Introduction
Navigating the legal landscape can be complex, especially when understanding the roles of various legal professionals. You may have encountered the terms "lawyer" and "advocate" and wondered if they are interchangeable. Spoiler alert: they are not. This blog post will delve into the distinctions between lawyers and advocates, focusing on their roles, qualifications, and specific contexts, particularly within the Kenyan legal system. By the end, you'll have a clear understanding of who to approach for your legal needs.
For more on the journey to becoming a lawyer in Kenya, check out our detailed guide on The Essential Guide to Becoming a Lawyer in Kenya.
Table of Contents
- Introduction
- Defining Lawyers and Advocates
- Educational and Professional Requirements
- Roles and Responsibilities
- Where Each Can Practice
- Representation in Court
- Legal Advice and Document Drafting
Defining Lawyers and Advocates
Who is a Lawyer?
A lawyer is a general term for someone who has attended law school and holds a law degree (LL.B). Lawyers can offer legal advice, draft documents, and represent clients in various settings, although not necessarily in court. They can work in various sectors, including corporate environments, government agencies, and non-profits.
Who is an Advocate?
An advocate, on the other hand, is a specialized type of lawyer qualified to represent clients in court. In Kenya, an advocate must undergo additional training and pass specific examinations to be admitted to the bar. Advocates often specialize in litigation, appearing in courts to argue cases on behalf of their clients.
Educational and Professional Requirements
Educational Path for Lawyers
To become a lawyer in Kenya, one must complete a Bachelor of Laws (LL.B) degree from a recognized university. This typically takes four years. After obtaining the LL.B, aspiring lawyers must complete a mandatory one-year postgraduate diploma at the Kenya School of Law (KSL), known as the Advocates Training Program (ATP).
Educational Path for Advocates
The journey to becoming an advocate is a step further. After completing the ATP, graduates must pass the bar exams administered by the Council of Legal Education. Successful candidates are then admitted to the bar, allowing them to practice as advocates. This additional qualification enables them to represent clients in higher courts and handle more complex legal matters.
For more detailed steps, you can refer to our comprehensive article on Becoming a Lawyer in Kenya.
Roles and Responsibilities
Where Each Can Practice
Lawyers
Lawyers can work in various settings, including corporate law firms, government agencies, and non-profits. They often specialize in areas like intellectual property, contract law, and compliance. While they can provide legal advice and draft documents, their role is generally more advisory than representational in court.
Advocates
Advocates are primarily involved in litigation and spend most of their time in courtrooms. They represent clients in legal proceedings, draft legal documents, and provide specialized legal advice. Advocates can also work in law firms but are often found in private practice, focusing on litigation.
Representation in Court
Lawyers
Lawyers who are not admitted to the bar cannot represent clients in higher courts. They can appear in lower courts but often require the assistance of an advocate for more complex cases.
Advocates
Advocates have the exclusive right to represent clients in higher courts, including the High Court, Court of Appeal, and Supreme Court of Kenya. They can argue cases, cross-examine witnesses, and make submissions on behalf of their clients.
Legal Advice and Document Drafting
Lawyers
Lawyers are well-versed in drafting legal documents such as contracts, wills, and corporate agreements. They provide legal advice on various issues, helping clients navigate the complexities of the law.
Advocates
While advocates can also draft legal documents, their primary focus is on litigation. They provide specialized advice on legal matters, particularly those involving court representation.
Frequently Asked Questions
1. What are the main differences between a lawyer and an advocate?
The primary difference lies in their qualifications and roles. Lawyers can offer legal advice and draft documents but may not represent clients in higher courts unless they are also advocates. Advocates undergo additional training and are qualified to represent clients in higher courts.
2. Can a lawyer become an advocate?
Yes, a lawyer can become an advocate by completing the Advocates Training Program (ATP) at the Kenya School of Law and passing the bar exams.
3. Do advocates charge more than lawyers?
Generally, advocates may charge more due to their specialized skills in litigation and court representation. However, fees can vary based on the complexity of the case and the advocate's experience.
4. Can an advocate provide legal advice?
Yes, advocates can provide legal advice. However, their primary focus is on representing clients in court.
5. Is it mandatory to hire an advocate for court cases?
For complex legal matters and higher court cases, it is advisable to hire an advocate due to their specialized training and qualifications. For simpler legal issues, a lawyer may suffice.
Conclusion
Understanding the distinctions between a lawyer and an advocate is crucial when seeking legal assistance. While both professionals play essential roles in the legal system, their qualifications, roles, and responsibilities differ significantly. Knowing who to approach can save you time, money, and ensure you get the best possible representation for your legal needs.
For more insights and resources on legal careers, visit Mwakili.
Remember, whether you need a lawyer for legal advice or an advocate for court representation, making an informed choice is key to navigating the legal landscape effectively.