Advocate Client Relationship In Kenya In Wake
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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 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.
Duty to assist the Court: Advocates, as officers of the court, are expected to assist the court in arriving at a fair and just decision. They should present evidence, make legal arguments, and provide information to the court to ensure a proper resolution of the case.
The Advocate is under a duty to provide the legal services in respect to which he/she is engaged competently, diligently and ethically. Failure to do so will be dealt with as professional misconduct.
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.
Professional Ethics: Most legal ethical codes strongly discourage or outright prohibit lawyers from engaging in romantic relationships with clients during representation. This is to maintain professional boundaries and ensure that the lawyer-client relationship is based solely on the client's legal needs.
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.