Attorney-client privilege protects communications between in-house or external counsel and their clients that are (i) intended to be confidential and (ii) made for the purpose of seeking or obtaining legal assistance or advice. Generally, employees who engage and direct the lawyer are part of the client group.
The Law Society of Kenya has a web page ( ) where you check whether your advocate is duly admitted and has taken an annual Practicing Certificate.
Lawyer: A lawyer is a person who has completed an undergraduate law degree, typically a Bachelor of Law (LLB) degree. Advocate: An advocate is a lawyer who has completed additional postgraduate training at the Kenya School of Law, including a diploma in the legal field, and has successfully passed nine courses.
Client privilege The Advocate has a duty to keep confidential the information received from and advice given to the client. Unauthorised disclosure of client confidential information is professional misconduct.
The Advocate is an officer of the court and has a duty of fidelity to the law. Therefore the Advocate shall discharge his/her duty to represent the client in adversarial proceedings as well as in non- contentious matters by fair and honourable means and without illegality or subversion of the due processes of the law.
The ADT is established under Section 57 of the Advocates Act, Cap 16 and is mandated to hear and determine complaints against advocates. The Advocates Disciplinary Tribunal adjudicates on matters brought before it.
Complaints are received by way of a designated form, the Help Form - Kiswahili, Help Form - English. The Help Form should be completed by the person who wishes to lodge a complaint and duly signed.
California courts have held that an attorney-client relationship can only be created by contract.