Advocates Act [Cap. 295.

9953

CHAPTER 295

THE ADVOCATES ACT

Arrangement of Sections

Section
PART I—INTERPRETATION

1. Interpretation

PART II—LAW COUNCIL

2. Establishment of Law Council

3. Functions of Law Council
4. Funds of Law Council and committees
5. Proceedings and quorum of Law Council
6. Remuneration and allowances of Law Council and committees
7. Secretary of Law Council and expenses

PART III—SUPERVISION OF PROFESSIONAL EDUCATION AND

TRAINING

8. Committee on Legal Education and Training

9. Composition of Committee

10. Functions and meetings of Committee

PART IV—EXEMPTED PERSONS

11. Certain persons exempted from provisions of Act PART

V—ENROLMENT AND CERTIFICATION OF ADVOCATES

12. Roll of Advocates

13. Admission and enrolment of advocates
14. Precedence
15. Removal of name from Roll on application of advocate
16. Issue of practising certificate and right to practice
17. Refusal of practising certificate
9954 Cap. 295.] Advocates Act

18. Temporary admission to right of practise

19. Cancellation or suspension of practising certificate
20. Offences and penalties
21. Protection of clients of advocates

PART VI—DISCIPLINE OF ADVOCATES AND CLERKS

22. Advocates to be officers of court

23. Pro bom legal services
24. Saving of disciplinary powers of courts
25. Establishment of Disciplinary Committee
26. Proceedings of Disciplinary Committee
27. Complaints against advocates
28. Decisions of Disciplinary Committee and action on them
29. Appeal against order of Disciplinary Committee
30. Representation before High Court
31. Powers of High Court
32. Powers of High Court to be exercised by three judges
33. Registrar to draw up orders
34. Orders to be noted on Roll
35. Reciprocal enforcement of suspensions, etc.
36. Uganda Law Society to be informed
37. Limitation of time for certain applications
38. Restoration to Roll
39. Disciplinary powers as to clerks
40. Clerk’s right of appeal
41. Offences and penalties with respect to employment of clerk
against whom order is in force
42. Order of Disciplinary Committee to be received in evidence
43. Proceedings under this Part to be in addition to other remedies
44. Penalties for failure to comply with orders of Disciplinary
Committee
45. Immunity for members of Disciplinary Committee

PART VII—ACCOUNTING BY ADVOCATES

46. Advocates to keep accounts in compliance with Rules

47. Amendment of Rules
48. Interpretation of Pan
49. Failure to comply with provisions of Part
Advocates Act [Cap. 295. 9955

50. Deposit of costs before instituting inspection of accounts

51. Penalty for offences under Pan
52. Advocate’s recourse or right to money standing to credit of client
account
53. Banks not liable to inquire into dealings with client accounts
54. Agreements with respect to remuneration for non-contentious
business
55. Remuneration of advocate who is mortgagee
56. Power to make agreements as to remuneration for contentious
business
57. Special requirements of agreements under sections 54 and 56
58. In certain circumstances taxing officer may reduce amount paid
under agreement
59. Death, incapability or change of advocate, etc.
60. Agreement excludes taxation
61. Miscellaneous provisions as to remuneration for contentious
business
62. Power of court to order advocate to deliver his or her bill, deeds,
etc.
63. Action to recover advocate’s costs
64. Taxation of bills on application of party chargeable or advocate
65. Taxation on application of third parties and beneficiaries under
trusts, etc.
66. General provisions as to taxation
67. Charging orders
68. Appeals and references
69. Other laws to apply to payment of fees or costs

PART VIII—OFFENCES AND PENALTIES

70. Unqualified person not to practise

71. Unqualified person not to hold himself or herself out as qualified
72. Penalty for unqualified persons preparing certain instruments
73. Instruments to be endorsed with name and address of drawer
74. Penalty on unqualified person acting in preparation of papers for
probate, etc.
75. No costs recoverable for acts constituting offence
76. Offences by bodies corporate
77. Advocates not to act as agents for unqualified persons
7 8. Advocates not to employ persons removed from Roll or suspended
9956 Cap. 295.] Advocates Act

79. Penalty on failure to disclose fact of having been removed from Roll
80. Disciplinary offences by advocates
81. Acting as tout prohibited
82. Penalty for inducing clients to abandon their advocates

PART IX—MISCELLANEOUS

83. Power to make regulations

84. Jurisdiction to try offences
85. General penalty
86. Taxing officer
87. Agreements exempting advocates from negligence to be void
88. Power to amend Schedule 1

89. Other laws to apply in relation to proceedings

SCHEDULES

Schedule 1 Currency Point

Schedule 2 Advocates Accounts Rules

Schedule 3 Advocates Trust Accounts Rules

Advocates Act [Cap. 295. 9957

CHAPTER 295

THE ADVOCATES ACT

Arrangement of Sections

Commencement: 21 August, 1970

An Act to provide for the regulation of advocates and to make general
provisions for the legal profession and for related matters.

PART I—INTERPRETATION

1. Interpretation

In this Act, except where the context otherwise requires—

“advocate” means any person whose name is duly entered upon the Roll
and—
(a) for the purposes of section 26(2) and Pan VI of this Act,
includes any person mentioned in section 11; and
(b) for the purpose of disciplinary proceedings under this Act,
includes—
(i) any person permitted to practice under section 16(6);
and
(ii) any person who carries out work of a nature normally
performed by an advocate or who is entitled to act or
who purports to act as, or pretends to be, an advocate;
“client” includes any person who, as a principal or on behalf of another,
or as a trustee or personal representative, or in any other capacity, has
power, express or implied, to retain or employ, and retains or employs,
or is about to retain or employ, an advocate and any person who is or
may be liable to pay to an advocate any costs; “contentious business”
means any business done by an advocate in any court, civil or military,
or relating to proceedings instituted or intended to be instituted in any
such court, or any statutory tribunal or before any arbitrator or panel of
arbitrators;
“costs” includes fees, charges, disbursements, expenses and
remuneration;
“currency point” has the value assigned to it in Schedule 1 to this Act;
9958 Cap. 295.] Advocates Act

"Disciplinary Committee” means the committee established under section

25;
"disciplinary proceedings” means any proceedings before the Disciplinary
Committee or the High Court on appeal in which consideration is
being given to the question whether an advocate should be punished
for professional misconduct;
"Law Council” means the Council established under section 2;
"legal assistant” means a person who belongs to a class defined by the Law
Council in regulations made for that purpose;
"legal practice” includes carrying out work of a nature normally performed
by an advocate; such as receiving instructions to sue or defending a client
in contentious matters, carrying out any form of representation in non-
contentious matters such as drawing of documents of conveyancing,
agreements, mortgages, floating of companies, registration of trade marks
and patents, negotiations, writing legal opinions, legal correspondence,
witnessing, certifying and notarising miscellaneous legal documents;
"non-contentious business” means any business done by an advocate other
than contentious business;
"practising certificate” means a certificate issued under section 16;
"professional misconduct” includes disgraceful or dishonourable conduct
not befitting an advocate;
"Registrar” means the Chief Registrar of the High Court;
"Roll” means the Roll of Advocates kept under section 12;
"suit” has the same meaning as in the Civil Procedure Act; "unqualified
person” means a person not qualified under section 13.

PART II—LAW COUNCIL

2. Establishment of Law Council

(1) There is established a Law Council which shall consist of—

(a) a judge of the courts of judicature appointed by the Attorney
General after consultation with the Chief Justice, who shall be the
Chairperson of the Law Council:
(b) the Chairperson of the committee on legal education and training;
(c) the Solicitor General or his or her representative not below the rank
of principal state attorney;
(d) the President of the Uganda Law Society;
(e) the Director of the Law Development Centre;
Advocates Act [Cap. 295. 9959

(f) the dean of the Faculty of Law of Makerere University;

(g) two practicing advocates elected by the Uganda Law Society;
(h) a judicial officer not below the rank of a chief magistrate appointed
by the magistrates through their national professional body by
whatever name called; and
(i) a person co-opted by the Law Council as it may deem necessary.

(2) The Chairperson and the members of the Law Council, other than
the ex officio members, shall hold office for a period of three years and shall be
eligible for re-appointment.

(3) If the Chairperson or any of the members of the Law Council

appointed under subsection (l)(g) or (h)—
(a) dies;
(b) resigns;
(c) is absent from Uganda for a continuous period exceeding six
months; or
(d) is, in the opinion of the Attorney General, unable by reason of
infirmity of body or mind to perform the duties of that office,
that office shall become vacant and the vacancy shall be filled by the appointing
authority.

(4) In arriving at a decision under subsection (3)(d), the Attorney

General shall act on the advice of a medical board which shall be constituted at
his or her request by the professional head of the medical services of Uganda.

(5) In this section, ''appointing authority” means the authority

responsible for appointing or electing under subsection (1), a person to whom
subsection (3) applies.

3. Functions of Law Council

The functions of the Law Council shall be—

(a) to exercise, through the medium of the committee on legal education
and training, general supervision and control over professional legal
education in Uganda including continuing legal education for
persons qualified to practise law in Uganda;
(b) to advise and make recommendations to the Government on matters
relating to the profession of advocates;
9960 Cap. 295.] Advocates Act

(c) to exercise, through the medium of the Disciplinary Committee,

disciplinary control over advocates and their clerks;
(d) to exercise general supervision and control over the provision of
legal aid and advice to indigent persons; and
(e) to exercise any power or perform any duty authorised or required
by this or any other written law.

4. Funds of Law Council and committees

(1) The Law Council and the committees established under this Act
shall have powers to charge fees in the performance of their functions under this
Act.

(2) The fees under subsection (1) shall include—

(a) fees for application for enrolment under section 13;
(b) payment for a special practising certificate under section 18;
(c) payment for expenses of the Disciplinary Committee under section
27; and
(d) any other payments that may appropriately arise under the
provisions of this Act.

(3) Notwithstanding the funds obtained under subsections (1) and (2),
any expenses incurred by the Law Council and the committees established under
this Act, in the performance of their functions or duties, shall be defrayed out of
the money provided by Parliament.

5. Proceedings and quorum of Law Council

(1) The meetings of the Law Council shall be held at such times and
places as the Chairperson of the Law Council may determine.

(2) The Chairperson of the Law Council shall preside at all meetings at
which he or she is present; in the absence of the Chairperson from any meeting,
the Law Council may appoint any of its members to be Chairperson of that
meeting.

(3) The quorum of the Law Council shall be five, but subject to the
requirement of quorum, the Law Council may act notwithstanding any vacancy
in its membership.
Advocates Act [Cap. 295. 9961

(4) Any question before the Law Council shall be decided by a majority
of votes of the members present and voting: and the Chairperson of the meeting
shall, in addition to his or her deliberative vote, have a casting vote in cases where
the votes are equally divided.

(5) Subject to this section, the Law Council shall have power to regulate
its own proceedings and for such purpose may make standing orders governing
the calling of meetings and the procedure at its meetings.

6. Remuneration and allowances of Law Council and committees

A member of the Law Council, the Disciplinary Committee and the Committee
on Legal Education and Training shall be paid such remuneration and allowances
and at such rates as the Minister responsible for public service may, after
consultation with the Minister responsible for finance, determine.

7. Secretary to Law Council and expenses

(1) There shall be a Secretary to the Law Council, whose office shall be
a public office.

(2) Any expenses incurred by the Law Council in the performance of its
functions or duties under this Act shall be defrayed out of money provided by
Parliament.

PART III—SUPERVISION OF PROFESSIONAL EDUCATION AND

TRAINING
8. Committee on Legal Education and Training

There is established, for the purpose of discharging the Law Council's functions
with respect to general supervision of professional legal education, a committee
to be known as the Committee on Legal Education and Training, in this Part
referred to as the “Committee”.

9. Composition of Committee

(1) The Committee shall consist of—

9962 Cap. 295.] Advocates Act

(a) an experienced law teacher with distinguished service as a legal

practitioner appointed by the Law Council who shall be chairperson;
(b) a judge of the Courts of Judicature, appointed by the Attorney
General in consultation with the Chief Justice;
(c) the dean of the Faculty of Law at Makerere University or his or her
representative being a person not below the rank of senior lecturer;
(d) the director of the Law Development Centre or his or her
representative being a person not below the rank of senior lecturer;
(e) a representative of the Uganda Law Society elected by that society;
(f) a representative of the Ministry responsible for justice appointed by
the Attorney General;
(g) one person nominated by institutions engaged in continuing legal
education, and appointed by the Law Council; and
(h) a representative of the Ministry responsible for education appointed
by the Minister responsible for education.

(2) The Chairperson and members of the Committee shall hold office
for a period of three years and shall be eligible for re-appointment.

(3) If the Chairperson or any of the members of the Committee—

(a) dies;
(b) resigns;
(c) is absent from Uganda for a continuous period exceeding six months
without a reasonable excuse; or
(d) is, in the opinion of the Attorney General, unable by reason of
infirmity of body or mind to perform the duties of that office,
that office shall become vacant and the vacancy shall be filled by the appointing
authority.

(4) In arriving at a decision under subsection (3)(d), the Attorney

General shall act on the advice of a medical board which shall be constituted at
his or her request by the professional head of the medical services in Uganda.

(5) In this section, ''appointing authority” means the authority

responsible for appointing or electing under subsection (1) a person to whom
subsection (3) applies.
Advocates Act [Cap. 295. 9963

10. Functions and meetings of Committee

(1) The functions of the Committee are—

(a) to serve as the medium of the Law Council in exercising general
supervision and control over professional legal education in
Uganda;
(b) to approve courses of study and to provide for conduct of qualifying
examinations for the purposes of this Act;
(c) to prescribe the professional requirements for admission to the
postgraduate bar course and qualifications necessary for eligibility
for enrolment as an advocate;
(d) to conduct and promote continuing legal education for qualified
legal practitioners; and
(e) to prescribe the standards and courses for training and recognition
of paralegals and their functions.

(2) Meetings of the Committee shall be held at such times and places as
the Chairperson of the Committee may determine.

(3) The Chairperson of the Committee shall preside at all meetings of

the Committee and in the absence of the Chairperson, the members of the
Committee present may elect a person from among their number to preside at
that meeting.

(4) Quorum at meetings of the Committee shall be five members but

subject to the requirement of quorum, the Committee may act notwithstanding
any vacancy at the meeting.

(5) Subject to the provisions of this section, the Committee shall have
power to regulate its own proceedings and may make regulations governing its
procedures.

(6) The office of the secretary to the Law Council shall provide a
secretary to the committee who shall perform such functions as the Committee
may assign to him or her.

(7) In this section, '"paralegal” means any person other than an

advocate, whose occupation relates to the legal profession and requires
knowledge or study of any aspect of the law.
9964 Cap. 295.] Advocates Act

PART IV—EXEMPTED PERSONS

11. Certain persons exempted from provisions of Act

(1) Every person to whom this section applies shall, if duly qualified as
a legal practitioner, by whatever name called, in any country at the time of his or
her appointment to this office, be entitled in connection with the duties of his or
her office to act as an advocate but shall not, unless the contrary is expressly
provided by regulations made by the Law Council, be subject to this Act.

(2) This section applies to—

(a) any person holding an office in the service of the Government, a
district administration, or any city, municipal or town council; and
(b) any other person or class of persons holding an office specified by
the Attorney General by statutory instrument.

PART V—ENROLMENT AND CERTIFICATION OF ADVOCATES

12. Roll of Advocates

The Registrar shall keep, in accordance with this Act, a Roll of Advocates.

13. Admission and enrolment of advocates

(1) Subject to the provisions of this section, a person to whom this
section applies shall be eligible to have his or her name entered on the Roll.

(2) A person eligible to have his or her name entered on the Roll may
make application to the Law Council, and the Law Council, if satisfied that the
applicant is so eligible and is a fit and proper person to be an advocate, shall,
unless cause to the contrary is shown to its satisfaction, direct the Registrar, on
receipt of the prescribed fee, to enter the applicant's name on the Roll, and the
Registrar shall comply with the direction.

(3) The Secretary shall, within fourteen days from the date of making a
decision by the Law Council under subsection (2), notify the applicant of the
decision made by the Law Council.
Advocates Act [Cap. 295. 9965

(4) A person aggrieved by the decision of the Law Council on

enrolment, may, within thirty days from the notification of the decision of the
Law Council, apply to the High Court for a review.

(5) The review of the decision shall be heard by a panel of three judges.

(6) The High Court may, upon a review under this section, confirm or
reverse or vary the decision of the Law Council and make such other orders as
the court may think fit.

(7) Every application under this section shall be made and advertised in
such manner as may be prescribed by regulations made by the Law Council.

(8) This section applies to a person who—

(a) is the holder of a degree in law granted by a university in Uganda;
or
(b) is a Uganda citizen and—
(i) a holder of a degree in law obtained from a university or other
institution recognised by the Law Council in a country
operating the common law system:
(ii) has been enrolled as a legal practitioner by whatever name
called, in any country operating the common law system and
designated by the Law Council by regulations; or
(iii) holds a qualification that would qualify him or her to be
enrolled in any country operating the common law system and
designated by the Law Council by regulations.

(9) In the case of a person to whom subsection (8) applies, being a

person who has not practised for a minimum period of one year, that person shall
not be eligible to have his or her name entered on the Roll unless he or she has
complied with such requirements, whether relating to instruction, examination or
otherwise, as to the acquisition of professional skill and experience, as may be
specified in regulations made by the Law Council.

(10) In the case of a person to whom subsection (8)(b)(ii) applies, being

a person who has practiced as a legal practitioner for one year or more, but less
than five years, that person is not eligible for enrolment under this section unless
he or she works under the surveillance of and in chambers approved by the Law
Council for that purpose or he or she serves as a state attorney for at least one
year.
9966 Cap. 295.] Advocates Act

(11) In the case of a person to whom subsection (8)(b)(ii) applies, being

a person who has practiced as a legal practitioner for five years or more, that
person may be enrolled without having to work in chambers approved by the
Law Council for that purpose or serving as a state attorney

(12) The fee mentioned in subsection (2) shall be prescribed by the

Attorney General by statutory instrument.

(13) Notwithstanding subsection (1), the Law Council may make

regulations under which a person to whom this section applies, other than a
person referred to in subsection (8)(a), (10) or (11), may be required to undergo
courses of study in such subjects relevant to the law in force in Uganda as may
be specified in the regulations and to satisfy examiners in those subjects.

14. Precedence

(1) The Attorney General, the Solicitor General, the Director of Public
Prosecutions and the Chairperson of the Uganda Law Society shall, in that order,
take precedence over all other advocates, including advocates granted a special
rank.

(2) Advocates who are granted a special rank in accordance with

regulations made under section 83( 1 )(f) shall take precedence over all other
advocates, and, inter se, according to the date on which they are granted the
special rank.

(3) All other advocates shall take precedence thereafter, inter se,
according to the date on which their names are entered upon the Roll.

15. Removal of name from Roll on application of advocate

(1) Any advocate against whom no disciplinary or criminal proceedings

are pending or taking place may apply to the Registrar for his or her name to be
removed from the Roll, and the Registrar shall thereupon remove the advocate’s
name from the Roll.

(2) Notwithstanding subsection (1), the Registrar, with the approval of

the Chief Justice, may remove the name of an advocate from the Roll on that
advocate’s application although criminal proceedings are pending or
Advocates Act [Cap. 295. 9967

taking place against that advocate, if he or she is satisfied that the proceedings
are of such a nature that if the advocate is convicted, his or her conviction will
not involve professional misconduct.

16. Issue of practising certificate and right to practice

(1) The Registrar shall issue a practising certificate to every advocate

whose name is on the Roll and who applies for such a certificate on such form
and on payment of such fee as the Law Council may, by regulations, prescribe;
and different fees may be prescribed for different categories of advocates.

(2) A practising certificate shall be valid until the 31st day of December
next after its issue, and it shall be renewable on application being made on such
form and on payment of such fee as the Law Council may, by regulations,
prescribe; and different fees may be prescribed for different categories of
advocates.

(3) Subject to any regulations made under subsection (4), or under

section 83(l)(f), every advocate who has in force a practising certificate may
practise as such in the High Court or in any court subordinate to the High Court.

(4) The Law Council may by regulations prescribe that for a specified
period of time after enrolment an advocate shall have a right of audience only
before such courts as may be designated.

(5) Any advocate who contravenes or fails to comply with any of the
provisions of regulations made under subsection (4) commits an offence.

(6) Notwithstanding anything in this Act, regulations made by the Law

Council may, subject to such conditions as may be prescribed in the regulations,
permit any person undergoing any instruction for the acquisition of professional
skill or experience for the purpose of enrolment, to have a right of audience
without enrolment or a practicing certificate, before such courts as may be
prescribed by the regulations, if that person appears with an advocate possessing
a valid practicing certificate or a person mentioned in section 11.
9968 Cap. 295.] Advocates Act

17. Refusal of practising certificate

(1) Notwithstanding section 16, the Registrar shall refuse to issue or

renew a practising certificate of any advocate who, on the date of his or her
application for the certificate—
(a) is an undischarged bankrupt or in respect of whom a receiving order
in bankruptcy is in force;
(b) is a person adjudged to be suffering from mental illness under the
Mental Health Act;
(c) has not paid any fine or costs awarded against him or her under this
Act;
(d) has not satisfied any regulations made by the Law Council with
regard to the annual submission of his or her accounts;
(e) has not paid his or her subscription as a member of the Uganda Law
Society for the current year;
(f) is serving the Government under a contract, and the period of the
contract has not yet expired;
(g) is being proceeded against for professional misconduct or for an
offence under this Act; but—
(i) the Chief Registrar shall only refuse to issue or renew a
practising certificate, or in the case where a practising
certificate has been issued or renewed, and notwithstanding
section 27, the certificate may be suspended by the
Disciplinary Committee, if the Disciplinary Committee is of
the view that there is a prima facie case against the advocate
and the alleged misconduct or offence is one involving gross
moral turpitude;
(ii) the refusal under this section and the aforesaid suspension
shall stand until the matter is disposed of by the Disciplinary
Committee;
(h) has been convicted of a criminal offence involving moral turpitude
and sentenced to imprisonment for a term of one year or more,
without the option of a fine;
(i) is employed by a public body as defined in the Anti-Corruption Act,
unless the advocate is permitted by his or her employer and the Law
Council; except that the advocate shall not be refused a practising
certificate solely on the basis that the certificate is for doing legal
work for the public body; and
(j) has no chambers which have been duly approved by the Law
Council.
Advocates Act [Cap. 295. 9969

(2) Notwithstanding anything contained in subsection (1), in the case of

an advocate falling under paragraph (h), the Chief Registrar may, if the advocate
has been granted free pardon, issue or renew his or her practising certificate.

(3) In this section, the term ''moral turpitude” includes fraud and
dishonesty.

(4) An advocate aggrieved by a refusal by the Registrar to issue or

renew a practising certificate under subsection (1) may appeal against the refusal
to the Chief Justice in such manner as the Chief Justice may direct, and the Chief
Justice shall make such order on the appeal as he or she thinks just.

18. Temporary admission to right of practice

(1) Notwithstanding the other provisions of this Part, the Law Council
may, subject to the person obtaining a special practising certificate, admit to
practise as an advocate for the purpose of any one case or matter, legal
practitioner, by whatever name called, of any country operating the common law
system and designated by the Law Council under section 13(8)
(b) who has come or intends to come to Uganda for the purpose of appearing in
that case or matter.

(2) A person referred to in subsection (1) is only entitled to appear or

act—
(a) in the case or matter for which that person is admitted; and
(b) if that person is instructed by, and if when appearing in any court in
the conduct of the case or matter, that person appears together with
an advocate with a valid practising certificate or a person mentioned
in section 11.

(3) On payment of the prescribed fee for such a special practising

certificate, the Registrar shall issue a special practising certificate to any person
admitted to practise under subsection (1).

(4) A person who is admitted to practise as an advocate under this

section shall be subject to the provisions of this Act as if he or she were an
advocate for so long as he or she is concerned in the matter or case in respect of
which he or she was admitted to practise.
9970 Cap. 295.] Advocates Act

19. Cancellation or suspension of practising certificate

(1) Whenever an advocate’s name is removed or struck off from the

Roll for any cause, his or her practising certificate shall immediately be deemed
to be cancelled, and he or she shall return it to the Registrar.

(2) Whenever an advocate’s right to practise as such is suspended, his

or her practising certificate shall likewise be suspended; and he or she shall return
it to the Registrar who shall retain it for so long as the advocate’s suspension is
in force.

(3) Whenever an advocate is adjudicated bankrupt—

(a) the official receiver shall, after hearing a representative of the Law
Council, notify the Registrar of the adjudication;
(b) the adjudication shall operate immediately to suspend the
advocate’s practising certificate;
(c) the advocate shall return the practising certificate to the Registrar,
who shall return the practising certificate to the advocate when—
(i) the adjudication in bankruptcy is discharged; or
(ii) subject to the order of the Law Council, the adjudication in
bankruptcy is terminated under paragraph (d)(ii).
(d) the suspension shall continue until—
(i) the adjudication in bankruptcy is discharged; or
(ii) the Law Council, on the petition of the advocate, in it’s
discretion, terminates the suspension of the advocate either
unconditionally or subject to such terms and conditions as it
deems fit.

(4) The suspension of an advocate’s practising certificate under

subsection (3)(d) shall continue until the adjudication in bankruptcy is annulled;
except that the Law Council may, on the petition of the advocate and after
hearing, in its absolute discretion by order, terminate the suspension either
unconditionally or subject to such terms and conditions as it may think fit;
whereupon, subject to the order, the suspension shall cease, and the advocate
shall be entitled to the return of his or her practising certificate.

(5) The Chief Justice may make rules as to the manner in which
petitions made under subsection (4) shall be heard and may by rules limit the
frequency with which the petitions may be made.
Advocates Act [Cap. 295. 9971

(6) Any advocate who fails without sufficient cause to return a

practising certificate to the Registrar in contravention of subsection (1), (2) or (3)
commits an offence and is liable, on conviction, to a fine not exceeding ten
currency points for every day during which the failure continues.

20. Offences and penalties

(1) An advocate not in possession of a valid practising certificate or

whose practising certificate has been suspended or cancelled who practices as an
advocate commits an offence; but no prosecution shall be commenced under this
subsection before the 1st day of March next following the expiry of the validity
of an advocate’s practising certificate if the reason the advocate is not in
possession of a valid certificate is only because he or she has neglected to renew
the certificate which expired on the 31st day of December previous to that first
day of March.

(2) Any person who, for the purpose of securing the entry or removal of
his or her name upon or from the Roll, or of securing the issue of a practising
certificate, knowingly makes any statement whether written or oral which is false
in any material particular, or makes any such statement which he or she does not
know to be true commits an offence and is liable, on conviction, to a fine not
exceeding forty currency points or to imprisonment for a term not exceeding one
year, or both.

21. Protection of clients of advocates

(1) Where—
(a) an advocate practises as an advocate contrary to section 16(1); or
(b) in any proceedings, for any reason, an advocate is lawfully denied
audience or authority to represent a party by any court or tribunal;
then—
(i) no pleading or contract or other document made or action
taken by the advocate on behalf of any client shall be
invalidated by any such event; and in the case of any
proceedings, the case of the client shall not be dismissed by
reason of any such event; and
(ii) the client who is a party in the proceedings shall, where
necessary, be allowed tune to engage another advocate or
otherwise to make good any defects arising out of any such
event.
9972 Cap. 295.] Advocates Act

(2) An advocate not in possession of a valid practising certificate or

whose certificate has been suspended or cancelled and who practices as an
advocate, commits professional misconduct; and the Law Council or any person
may make a complaint to the Disciplinary Committee in respect of the
misconduct; and subsection (l)(b)(i) and (b)(ii) shall apply with necessary
modifications.

(3) In addition to any punishment prescribed under any provision of this

Act, the client of an advocate to whom subsection (1) or (2) relates, is entitled to
a refund by the advocate concerned of any fees paid to that advocate by the client
and also to compensation in respect of any costs or loss incurred by the client as
a result of the conduct of the advocate.

PART VI—DISCIPLINE OF ADVOCATES AND CLERKS

22. Advocates to be officers of court

Every advocate and every person otherwise entitled to act as an advocate shall
be an officer of the High Court and shall be subject to the jurisdiction of the High
Court and, subject to this Act, to the jurisdiction of the Disciplinary Committee.

23. Pro botto legal services

(1) Every advocate shall provide pro bom services when required by the
Law Council or pay a fee prescribed by regulations made by the Law Council m
lieu of such services.

(2) Where any advocate does not comply with subsection (1), the Law
Council shall refuse to issue or renew a practising certificate to that advocate
under section 16( 1) or (2).

(3) In this section, "'pro bom services” means professional services of

an advocate given for the public good to indigent persons without charge.

24. Saving of disciplinary powers of courts

Nothing in this Act shall supersede, lessen or interfere with the jurisdiction of
any court, inherent or otherwise, to deal with misconduct or offences by
Advocates Act [Cap. 295. 9973

an advocate, or any person entitled to act as such, committed during, or in the

course of, or relating to, proceedings before the court.

25. Establishment of Disciplinary Committee

(1) There is established a committee called the Disciplinary Committee

which shall consist of—
(a) the Solicitor General or his or her representative not below the rank
of principal state attorney;
(b) the Director of the Law Development Centre;
(c) the President of the Uganda Law Society;
(d) any other two members appointed by the Law Council from among
its members.

(2) The members of the Disciplinary Committee shall hold office for so
long as they are members of the Law Council and shall be eligible for re-
appointment.

(3) The Chairperson of the Disciplinary Committee shall be appointed

by the Law Council from the members of the Disciplinary Committee and shall
preside at all meetings at which he or she is present.

(4) During the absence or inability to act of the chairperson or any

member of the Disciplinary Committee, the Law Council may nominate any
member of the Council to act as the temporary chairperson of the Disciplinary
Committee or as a temporary member of the Disciplinary Committee, as the
circumstances require, during the period of such absence or inability to act.

(5) Quorum of the Disciplinary Committee shall be three and any

question before the Disciplinary Committee shall be decided by a majority of
votes.

(6) In the event of there being any complaint or matter pending before
the Disciplinary Committee at the date of retirement of any member of the
Disciplinary Committee, where the Disciplinary Committee had, prior to that
date, entered upon the hearing of the complaint or matter in accordance with
section 27, the member shall, if he or she is not re-appointed, be deemed to
remain in office for the purpose only of that complaint or matter and shall so
remain until the complaint or matter has been finally disposed of.
9974 Cap. 295.] Advocates Act

(7) The Secretary to the Law Council shall be the secretary to the
Disciplinary Committee; but the Disciplinary Committee may, in the case of the
absence or inability to act of the Secretary to the Law Council, appoint any fit
and proper person to act as secretary to the Disciplinary Committee during the
period of that absence or inability to act.

(8) The office of the Secretary of the Law Council shall provide
prosecuting counsel to the Disciplinary Committee.

26. Proceedings of Disciplinary Committee

(1) For the purposes of any application or complaint made to the

Disciplinary Committee under any of the provisions of this Act, the Disciplinary
Committee may administer oaths or affirmations, and the complainant and the
advocate to whom a complaint relates, and an applicant making any application
to the committee, may take out a summons to give evidence or to produce
documents, but no person shall be compellable under any such summons to
produce any document which he or she could not legally be compelled to produce
at the trial of a suit.

(2) A person appearing as a party before the Disciplinary Committee

may be represented by an advocate; and the Disciplinary Committee may, at any
stage of proceedings under this Part, appoint an advocate to represent a party who
is not represented or otherwise to assist the Disciplinary Committee.

(3) For the purposes of enabling the Disciplinary Committee to carry

out the duties imposed upon it by this Act, the Disciplinary Committee shall have
power to interview and correspond with such persons, including the advocate to
whom the complaint relates, as it thinks fit.

(4) The Disciplinary Committee may make regulations governing its

procedure and the making to the Disciplinary Committee of applications or
complaints under this Act.

(5) If any person upon whom a summons issued under subsection

(1) has been served refuses or omits without sufficient cause to attend at the time
and place mentioned in the summons, or refuses without sufficient cause to
answer fully and satisfactorily to the best of his or her knowledge and belief all
questions put to him or her by or with the concurrence of the Disciplinary
Committee, or refuses or omits without sufficient cause to
Advocates Act [Cap. 295. 9975

produce any documents in his or her possession or under his or her control which
are mentioned in the summons, he or she commits an offence and is liable, on
conviction, to a fine not exceeding ten currency points.

(6) All proceedings before the Disciplinary Committee shall be deemed

for the purposes of Chapter IX of the Penal Code Act to be judicial proceedings.

(7) The Evidence Act shall not apply to proceedings before the
Disciplinary Committee; except that a witness shall be entitled to all rights and
privileges to which a witness is entitled under that Act.

27. Complaints against advocates

(1) Without prejudice to the other provisions of this Act, a complaint

against an advocate of professional misconduct may be made to the Disciplinary
Committee by the Law Council or by any person.

(2) Upon receipt of a complaint, the secretary to the Disciplinary

Committee shall, as soon as is practicable, refer the complaint to the Disciplinary
Committee, which shall fix a date for the hearing of the complaint.

(3) The Disciplinary Committee shall give the advocate against whom
the complaint is made an opportunity to appear before it. and shall furnish him
or her with a copy of the complaint, and of any affidavit made in support of the
complaint, and shall give him or her an opportunity of inspecting any other
relevant document not less than seven days before the date fixed for the hearing.

(4) Whenever in the opinion of the Disciplinary Committee the

complaint does not disclose any prima facie case of professional misconduct, the
Disciplinary Committee may, at any stage of the proceedings, dismiss the
complaint without requiring the advocate to whom the complaint relates to
answer any allegations made against that advocate; but the Disciplinary
Committee shall hear the complaint before dismissing the complaint under this
subsection.

(5) After hearing the complainant and the advocate to whom the
complaint relates, if he or she wishes to be heard, and considering the
9976 Cap. 295.] Advocates Act

evidence adduced, the Disciplinary Committee may order that the complaint be
dismissed or, if of the opinion that a case of professional misconduct on the part
of the advocate has been made out, the Disciplinary Committee may order—
(a) that the advocate be admonished;
(b) that the advocate be suspended from practice for a specified period
not exceeding two years;
(c) that the name of the advocate be struck off the Roll;
(d) that the advocate do pay a fine not exceeding two hundred fifty
currency points;
(e) that the advocate do pay to any person who has suffered loss as a
result of the misconduct of the advocate, such sum as, in the opinion
of the committee is just, having regard to the loss suffered by the
aggrieved party.

(6) The Disciplinary Committee may make such combination of the

orders referred to in subsection (5) as the Disciplinary Committee thinks fit.

(7) An order made under subsection (5)(d) or (e) shall be taken to be a

decree of the High Court and shall be enforced as if it were an order of the High
Court.

(8) Where a sole practitioner has been suspended from practice or struck
off the Roll, the Law Council—
(a) may order the closure of the practitioner’s chambers; and
(b) shall appoint a trustee to take care of the interests of the
practitioner’s clients and the pending matters of the practitioner.

(9) The Disciplinary Committee may make any such order as to

payment by any party of any costs or witness expenses and of the expenses of the
Disciplinary Committee in connection with the hearing of any complaint as it
may think fit.

(10) The Disciplinary Committee may issue a warrant for the levy of the
amount of any sum ordered to be paid by virtue of this section on the immovable
and movable property of the advocate by distress and sale under warrant, and the
warrant shall be enforced as if it were a warrant issued by the High Court.
Advocates Act [Cap. 295. 9977

(11) The Disciplinary Committee may order any advocate against whom
a case of professional misconduct has been made out to restore any property in
his or her possession or under his or her control to the person appearing to the
Disciplinary Committee to be entitled to the property.

(12) An order made by the Disciplinary Committee under the provisions

of this section relating to the payment of compensation, costs or expenses, or to
the restoration of property, shall be drawn up by the Disciplinary Committee and
shall thereupon be executable as if it were a decree of the High Court.

(13) At the time of awarding any damages in any subsequent civil

proceedings relating to the same matter, the court determining the civil suit shall
take into account any sum recovered in pursuance of an order made under
subsection (5)(e).

28. Decisions of Disciplinary Committee and action on them

On the termination of the hearing of a complaint, if the Disciplinary Committee

decides to suspend an advocate or strike him or her off the Roll, the Disciplinary
Committee shall notify the Registrar of its decision and the Law Council shall—
(a) cause the decision of the Disciplinary Committee to be published in
the Gazette and also in a newspaper circulating in the whole of
Uganda;
(b) cause the Registrar of the High Court to be notified of the decision;
and
(c) cause all chief magistrates to be notified of the decision.

29. Appeal against order of Disciplinary Committee

(1) Any party aggrieved by any order of the Disciplinary Committee

made under section 27 may, within fourteen days after the receipt by that party
of the notice to be given to that party under section 28, appeal against the order
to the High Court by giving notice of appeal to the Registrar and shall file with
the Registrar a memorandum setting out the grounds of the appeal within thirty
days after the giving by that party of the notice of appeal.
9978 Cap. 295.] Advocates Act

(2) The High Court shall set down for hearing any appeal filed under
subsection (1) and shall give to the parties to the appeal and the Law Council not
less than fourteen days’ notice of the date of hearing.

(3) Pending an appeal under subsection (1), if the Disciplinary

Committee has ordered the appellant advocate’s name to be struck off from the
Roll or has suspended his or her right to practise, the advocate shall not be
entitled to practise except in the case where his or her right to practise has been
suspended and the period of suspension lapses before the hearing of the appeal,
in which event he or she shall be entitled to practise after the period of suspension
has expired.

30. Representation before High Court

(1) The parties to the appeal may be represented by an advocate before

the High Court and the Law Council shall have the right to appear, by advocate,
for the purpose of representing to the High Court the findings of the Disciplinary
Committee.

(2) A complainant who appeals against the decision of the Disciplinary

Committee and who is unable to afford to pay for the services of an advocate
shall be assigned an advocate by the High Court at the expense of the State and
that advocate may be paid for his or her services a sum not exceeding an amount
prescribed by the Attorney General by statutory order made in consultation with
the Minister responsible for finance.

31. Powers of High Court

The High Court shall, after hearing an appeal from the decision of the
Disciplinary Committee—
(a) refer the matter back to the Disciplinary Committee with directions
for its finding on any specified point; or
(b) confirm, set aside or vary any order made by the Disciplinary
Committee or substitute for the order such order as it may think fit.

32. Powers of High Court to be exercised by three judges

(1) The powers conferred upon the High Court by section 31 shall be
exercised by three judges of the High Court.
Advocates Act [Cap. 295. 9979

(2) The decision of the majority of the judges on any appeal filed under
section 29 shall be taken to be the decision of the High Court.

(3) Every decision or order of the High Court made under section 31
shall be final and conclusive and shall not be subject to appeal to any other court.

33. Registrar to draw up orders

Where an order has been made by the High Court under section 31, the Registrar
shall, within one week from the date of the making of the order, cause the order
to be drawn up.

34. Orders to be noted on Roll

(1) The Registrar shall cause a note of the effect of a final order to be
entered in the Roll against the name of the advocate concerned, and where the
order so directs shall strike off his or her name from the Roll.

(2) The Registrar shall send to the Secretary of the Uganda Law Society
and to the Registrar of the High Court of each prescribed country a certified copy
of every final order made under this Act striking off the name of an advocate
from the Roll or suspending an advocate from practice.

(3) Where an advocate is a member of an Inn of Court, Law Society or

other professional body outside Uganda, or is subject to the jurisdiction for the
purposes of discipline of a professional body outside Uganda, the Registrar shall
also send to that professional body a certified copy of every final order made
suspending or striking off the name of the advocate from the Roll.

(4) In this section—

“prescribed country” has the meaning assigned to it by section 35; “final
order” means—
(a) an order made by the Disciplinary Committee under section
27, if no appeal has been preferred against such order; or
(b) an order made on appeal under section 31.
9980 Cap. 295.] Advocates Act

35. Reciprocal enforcement of suspensions, etc.

(1) If any advocate who is also an advocate or legal practitioner (by

whatsoever name or style designated) of, or is entitled to practise as such in, any
prescribed country, is suspended from practice or struck off the Roll or list of
advocates or legal practitioners, otherwise than at his or her own request, in that
country by order of a competent court or other competent authority in that
country, he or she shall be deemed to have been suspended from practice as an
advocate in Uganda for the period for which his or her suspension from practice
in that country remains effective or to have been struck off the Roll, as the case
may be; and the Registrar shall cause a note of the suspension (specifying the
period of the suspension) to be entered against the name of the advocate on the
Roll or shall strike off the Roll the name of the advocate, as the case may require;
but if in any such case the name of the advocate is restored to the aforesaid Roll
or list of advocates or legal practitioners in that country, or if he or she otherwise
becomes entitled again to practise as provided in this subsection in that country,
his or her name shall, on request, be replaced on the Roll by the Registrar.

(2) In this section, "prescribed country" means any country in respect of

which the Attorney General declares by statutory order, that he or she is satisfied
that reciprocal effect will be given under the laws of that country to orders made
by the Disciplinary Committee under this Act for the suspension of advocates
from practice or for striking the names of advocates off the Roll.

36. Uganda Law Society to be informed

(1) The Registrar shall inform the Secretary of the Uganda Law Society
of the making of any entry in respect of any advocate on the Roll and of the
removal from or the striking off the Roll of the name of any advocate in
accordance with this Act.

(2) The Registrar shall cause to be published in the Gazette a notice that
a final order has been made in respect of any advocate by which he or she has
been suspended from practice or by which his or her name has been struck off
the Roll.

(3) In this section, "final order" has the same meaning as in section 34.
Advocates Act [Cap. 295. 9981

37. Limitation of time for certain applications

Subject as hereafter provided, no advocate shall be liable to have his or her name
struck off the Roll on account of any defect in his or her admission and
enrolment, unless the application to strike his or her name off the Roll is made
within twelve months after the date of his or her enrolment; except that this
section shall not apply to any case where fraud is proved to have been committed
in connection with the admission or enrolment.

38. Restoration to Roll

(1) The Disciplinary Committee may, in its discretion, order the

Registrar to replace on the Roll the name of any advocate whose name has been
struck off the Roll for professional misconduct and may revoke any order made
suspending an advocate's right to practise; except that unless new material facts
have come to the knowledge of the Disciplinary Committee since the order for
striking off or suspension was made, no order shall be made under this section
within two years of the order of striking off or suspension.

(2) An advocate whose name has been struck off the Roll or whose right
to practise has been suspended may petition the Disciplinary Committee to make
an order under subsection (1).

(3) The Law Council may make regulations as to the manner in which
petitions made under subsection (2) shall be heard and any such regulations
may—
(a) limit the frequency with which the petitions may be made; and
(b) make provisions for the giving of security for the costs of the
petition.

(4) On hearing any petition made under this section, the Disciplinary
Committee may make such order as to costs as it may think fit.

(5) Any advocate whose petition under this section is refused may
appeal against the refusal to the High Court, and the provisions of sections
29,30,31,32,33 and 34 shall then apply, mutatis mutandis, to appeals under this
subsection with any necessary modifications.
9982 Cap. 295.] Advocates Act

39. Disciplinary powers as to clerks

(1) An application may be made by the Law Council or by any person

to the Disciplinary Committee for an order directing that, as from a date to be
specified in the order, no advocate shall, in connection with his or her practice
as an advocate, without the written permission of the Disciplinary Committee
which may be given for such period and subject to such conditions as the
committee may think fit, take into or retain in his or her employment or
remunerate any person who, being or having been a clerk to an advocate—
(a) has been convicted of any offence mentioned in Chapters IX or
XXIV to XXX of the Penal Code Act;
(b) has been convicted of any other offence involving fraud or deceit;
(c) has been a party to any act or default of an advocate in respect of
which a complaint has been or might be made against that advocate
to the Disciplinary Committee;
(d) has so conducted himself or herself while employed as a clerk to an
advocate that had he himself or she herself been an advocate, the
conduct might have formed the subject of a complaint against him
or her to the Disciplinary Committee; or
(e) has acted in the manner referred to in section 81 or 82.

(2) The provisions of sections 26 and 27(3), (5) and (9) shall, with
necessary modifications, apply mutatis mutandis to the hearing of an application
under this section.

(3) Every order made by the Disciplinary Committee under this section
shall be filed, on a file to be kept for that purpose, by the secretary to the
Disciplinary Committee, who shall cause a certified copy of the order to be
delivered to the person to whom it relates or shall forward it by registered post
to his or her last known address.

(4) The file mentioned in subsection (3) may be inspected by any

advocate during office hours without payment, but it shall not be inspected by
any other person.

40. Clerk’s right of appeal

(1) A person against whom an order has been made by the Disciplinary
Committee under section 39 may, within fourteen days of the date of the order,
appeal against the order to the High Court, by giving notice of appeal
Advocates Act [Cap. 295. 9983

to the Registrar, and shall file with the Registrar a memorandum setting out his
or her grounds of appeal within thirty days after the giving by him or her of the
notice of appeal.

(2) The High Court shall set down for hearing any appeal filed under
subsection (1) and shall give to the Law Council and to the appellant not less than
twenty-one days’ notice of the date of hearing.

(3) The provisions of sections 30,31,32 and 33 shall, with necessary

modifications, apply mutatis mutandis to the hearing of appeals under this
section, except that such appeals shall be heard and determined by a single judge
of the High Court.

41. Offences and penalties with respect to employment of clerk against

whom order is in force

(1) A person against whom an order made under section 39 is in force

who seeks or accepts employment by, or remuneration from, an advocate in
connection with his or her practice as an advocate commits an offence.

(2) An advocate who knowingly acts in contravention of an order made

under section 39, or in contravention of any condition subject to which the
permission of the Disciplinary Committee may have been given under subsection
(1) of that section, commits an offence.

42. Order of Disciplinary Committee to be received in evidence

Every report and every order made by the Disciplinary Committee under this Act
shall be signed by the chairperson of the committee, and any document
purporting to be a report or an order so signed shall be received in evidence in
any judicial proceedings or in any proceedings under this Act, and shall be
deemed to be such a report or an order without further proof of its contents unless
the contrary is shown.

43. Proceedings under this Part to be in addition to other remedies

(1) No proceedings, whether civil or criminal, and whether pending or

terminated, shall be a bar to disciplinary proceedings under this Part based on the
same or substantially the same facts as those to which the civil or criminal
proceedings relate.
9984 Cap. 295.] Advocates Act

(2) No disciplinary proceedings under this Pan, whether pending or

terminated, shall be a bar to any civil or criminal proceedings or other remedy
based on the same or substantially the same facts as those to which the
proceedings under this Part relate.

44. Penalties for failure to comply with orders of Disciplinary Committee

A person who, without lawful excuse, contravenes or fails to comply with any
order, notice or direction of the Disciplinary Committee commits an offence and,
in the case of an advocate, is, alternatively or in addition, liable to proceedings
under section 27.

45. Immunity for members of Disciplinary Committee

No member of the Disciplinary Committee, nor any person who is or was at any
material time a member, or the secretary of the Disciplinary Committee, shall be
liable to be sued in any civil court for or in respect of any act or thing done or
omitted to be done, or ordered by him or her to be done or omitted, in good faith,
in the exercise, discharge, or performance, or intended or purported exercise,
discharge or performance, of any of the powers, jurisdiction, duties or functions
conferred upon him or her under or by virtue of this Act.

PART VII—ACCOUNTING BY ADVOCATES

46. Advocates to keep accounts in compliance with Rules

Every advocate shall, in connection with his or her practice as an advocate, keep
accounts in compliance with the rules entitled "the Advocates Accounts Rules”
and "the Advocates Trust Accounts Rules” contained respectively in Schedules
2 and 3 to this Act, and shall deal with all money to which the rules apply in
accordance with those rules.

47. Amendment of Rules

The Law Council, after consultation with the Uganda Law Society, may by
statutory instrument amend the Advocates Accounts Rules and the Advocates
Trust Accounts Rules.
Advocates Act [Cap. 295. 9985

48. Interpretation of Part

In this Part, unless the context otherwise requires, expressions defined in the
Advocates Accounts Rules in Schedule 2 and the Advocates Trust Accounts
Rules in Schedule 3 to this Act shall have the meanings assigned to them in those
rules.

49. Failure to comply with provisions of Part

(1) If any advocate contravenes or fails to comply with any of the

provisions of the Advocates Accounts Rules or the Advocates Trust Accounts
Rules, he or she shall be guilty of professional misconduct and of an offence
under the provisions of this Part.

(2) On any proceedings against an advocate under Part VI of this Act

when the proceedings are in respect of an offence under subsection (1), the
Disciplinary Committee may require the advocate to produce at a convenient
time and place, his or her books of accounts, bank passbooks, statements of
account, vouchers and any other necessary documents for the inspection of any
person appointed by the Disciplinary Committee for that purpose, and any such
person shall, after the examination of such documents as aforesaid and taking of
such other evidence as he or she thinks fit, prepare for the information of the
Disciplinary Committee a report on the result of the inspection.

(3) Before making any such appointment, the Disciplinary Committee

shall consider any objection made by the advocate to the appointment of a
particular person on personal or other proper grounds.

(4) A report made under subsection (2) shall be admissible in evidence

during the proceedings before the Disciplinary Committee and shall be so
admissible even if made as a result of an appointment by the Disciplinary
Committee without the presence of the person making it, but the Disciplinary
Committee shall cause the attendance of such person for cross-examination if
any party so desires.

(5) A person appointed under this section shall have all the powers of a
civil court as to the taking of evidence and the summoning and compelling the
attendance of witnesses and for this purpose shall be deemed to be a court.
9986 Cap. 295.] Advocates Act

50. Deposit of costs before instituting inspection of accounts

Before instituting an inspection under section 49, the Disciplinary Committee

may require the payment by any person initiating the proceedings against the
advocate, other than the Law Council, of a reasonable sum to be fixed by the
Law Council to cover the costs of inspection and the costs of the advocate against
whom the application is made.

51. Penalty for offences under Part

%

An advocate who is found guilty of an offence under any of the provisions of this
Part in any disciplinary proceedings, in addition to any disciplinary punishment
or costs that may be awarded against him or her, may be ordered by the
Disciplinary Committee to pay a fine not exceeding fifty currency points.

52. Advocate’s recourse or right to money standing to credit of client

account

Nothing in this Part or in the Advocates Accounts Rules or the Advocates Trust
Accounts Rules shall deprive an advocate of any recourse or right, whether by
way of lien, setoff, counterclaim, charge or otherwise against money standing to
the credit of a client account or a trust bank account.

53. Banks not liable to inquire into dealings with client accounts

(1) Subject to this section, no bank shall, in connection with any

transaction on any account of any advocate kept with the bank or with any other
bank, other than an account kept by an advocate as trustee for a specified
beneficiary, incur any liability or be under any obligation to make an inquiry or
be deemed to have any knowledge of any right of any person to any money paid
or credited to any such account which it would not incur or be kept under or be
deemed to have in the case of an account kept by a person entitled absolutely to
all the money paid or credited to it; but nothing in this subsection shall relieve a
bank from any liability or obligation to which it would be subject apart from this
Act.

(2) Notwithstanding subsection (1), a bank at which an advocate keeps

an account for clients’ money or trust money shall not, in respect of any liability
of the advocate to the bank, not being a liability in connection with
Advocates Act [Cap. 295. 9987

that account, have or obtain any recourse or right, whether by way of setoff,
counterclaim, charge or otherwise, against money standing to the credit of that
account.

54. Agreements with respect to remuneration for non-contentious

business

(1) Notwithstanding any rules as to remuneration for the time being in

force, an advocate and his or her client may, either before or after or in the course
of the transaction of any non-contentious business by the advocate, make an
agreement as to the remuneration of the advocate in respect of that transaction.

(2) The agreement may provide for the remuneration of the advocate by
a gross sum. or by commission or percentage, or by salary or otherwise, and it
may be made on the terms that the amount of the remuneration stipulated in the
agreement for either shall or shall not include all or any disbursements made by
the advocate in respect of searches, plans, travelling, stamps, fees or other
matters.

(3) The agreement may be sued and recovered on or set aside in the like
manner and on the like grounds as an agreement not relating to the remuneration
of an advocate; except that if on any taxation of costs the agreement is relied on
by the advocate and objected to by the client as unfair or unreasonable, the taxing
officer shall inquire into the facts and certify them to the court, and if on that
certificate it appears just to the court that the agreement should be cancelled, or
the amount payable under it reduced, the court may order the agreement to be
cancelled, or the amount payable under it reduced, and may give such
consequential directions as it thinks fit.

(4) This section shall be subject to the provisions of section 80.

55. Remuneration of advocate w ho is mortgagee

(1) If a mortgage is made to an advocate, either alone or jointly with any

other person, he or she or the firm of which he or she is a member, shall be
entitled to recover from the mortgagor in respect of all business transacted and
acts done by him or her or them in negotiating the loan, deducing and
investigating the title to the property, and preparing and completing the
mortgage, such usual costs as he or she or they would have been entitled to
receive if the mortgage had been made to a person who was not an advocate
9988 Cap. 295.] Advocates Act

and that person had retained and employed him or her or them to transact that
business and do those acts.

(2) If, whether before or after the commencement of this Act, a

mortgage has been made to or has become vested by transfer or transmission in
an advocate, either alone or jointly with any other person, and if after the
commencement of this Act any business is transacted or acts are done by that
advocate, or by the firm of which he or she is a member, in relation to that
mortgage, or the security created by the mortgage or the property comprised
under it, then he or she or they shall be entitled to recover from the person on
whose behalf the business was transacted or the acts were done, and to charge
against the security such usual costs as he or she or they would have been entitled
to receive if the mortgage had been made to and had remained vested in a person
who was not an advocate and that person had retained and employed him or her
or them to transact that business and do those acts.

(3) In this section, the expression "mortgage” includes any charge on

any property for securing money or money’s worth.

56. Power to make agreements as to remuneration for contentious

business

(1) Notwithstanding any rules for the time being in force, an advocate
may make an agreement with his or her client as to his or her remuneration in
respect of any contentious business done or to be done by him or her providing
that he or she shall be remunerated either by a gross sum or by salary.

(2) An agreement made under subsection (1)—

(a) shall not affect the amount of, or any rights or remedies for the
recovery of, any costs payable by the client to, or to the client by,
any person other than the advocate, and that person may, unless he
or she has otherwise agreed, require any such costs to be taxed
according to the rules for the time being in force for the taxation of
the costs; except that the client shall not be entitled to recover from
any other person under any order for the payment of any costs to
which the agreement relates more than the amount payable by him
or her to his or her advocate in respect of the amount under the
agreement;
Advocates Act [Cap. 295. 9989

(b) shall be deemed to exclude any claim by the advocate in respect of

the business to which it relates other than—
(i) the claim for the agreed costs; or
(ii) a claim for such costs as are expressly excepted from the
claim.

(3) No suit shall be brought upon any such agreement, but the court
may, on the application of any person who is a party to, or the representative of
a party to the agreement, or who is, or who is alleged to be liable to pay, or who
is or claims to be entitled to be paid, the costs due or alleged to be due in respect
of the business to which the agreement relates, enforce or set aside the agreement
and determine every question as to the validity or effect of the agreement.

(4) On any such application, the court—

(a) if it is of the opinion that the agreement is in all respects fair and
reasonable, may enforce it;
(b) if it is of the opinion that the agreement is in any respect unfair or
unreasonable, may declare it void and may order it to be given up to
be cancelled and may order the costs covered by it to be taxed as if
the agreement had never been made;
(c) in any case, may make such orders as to the costs of the application
as the court considers proper.

57. Special requirements of agreements under sections 54 and 56

(1) An agreement under section 54 or 56 shall—

(a) be in writing:
(b) be signed by the person to be bound by it; and
(c) contain a certificate signed by a notary public, other than a notary
public who is a party to the agreement, to the effect that the person
bound by the agreement had explained to him or her the nature of
the agreement and appeared to understand the agreement and a copy
of the certificate shall be sent to the Secretary of the Law Council
by prepaid registered post.

(2) An agreement under section 54 or 56 shall not be enforceable if any

of the requirements of subsection (1) have not been satisfied in relation to the
agreement, and any advocate who obtains or seeks to obtain any benefit
9990 Cap. 295.] Advocates Act

under any agreement which is unenforceable by virtue of the provisions of this

section shall be guilty of professional misconduct.

58. In certain circumstances taxing officer may reduce amount paid

under agreement

(1) If the business covered by an agreement under section 56 is business

done, or to be done, in any suit, and if the amount agreed for under any such
agreement has been paid by or on behalf of the client or by any person entitled
to do so, the person making the payment may, at any time within twelve months
after payment, apply to the court; and the court, if it appears to it that the special
circumstances of the case require the agreement to be re-opened, may, on such
terms as may be just, re-open the agreement and may order the costs covered
thereby to be taxed and the whole or any part of the amount received by the
advocate to be repaid by him or her.

(2) Where any agreement referred to in subsection (1) is made by the

client as the guardian or committee of. or as a trustee under a deed or will for,
any person whose property will be chargeable with the whole or any part of the
amount payable under the agreement, the agreement shall, before payment, be
laid before the taxing officer of the court, and that officer shall examine the
agreement and may disallow any part of it or may require the opinion of the court
to be taken on it.

(3) A client mentioned in subsection (2) who pays the whole or any part
of the amount payable under the agreement without the agreement having been
allowed by the taxing officer or by the court shall be liable at any tune to account
to the person whose property is charged with the whole or any part of the amount
so paid for the sum so charged, and the advocate who accepts the payment
commits an offence and may be ordered by the court to refund the amount
received by him or her.

59. Death, incapability or change of advocate, etc.

(1) If, after some business has been done under an agreement made
under section 56 but before the advocate has wholly performed the business, the
advocate dies or becomes incapable of acting, then any party, or the
representative of any party, to the agreement may apply to the court; and the court
shall have the same jurisdiction as to enforcing the agreement so far as it has been
performed, or setting it aside, as it would have had if the
Advocates Act [Cap. 295. 9991

advocate had not died or become incapable of acting; except that the court may,
notwithstanding that it is of opinion that the agreement is in all respects fair and
reasonable, order the amount due in respect of the business done under it to be
ascertained by taxation, and in that case—
(a) the taxing officer, in ascertaining that amount, shall have regard so
far as may be to the terms of the agreement; and
(b) payment of the amount found by him or her to be due may be
enforced in the same manner as if the agreement had been
completely performed.

(2) The provisions of subsection (1) shall apply in the event of the client
changing his or her advocate, as notwithstanding the agreement, he or she shall
be entitled to do, before the conclusion of the business to which the agreement
relates in the same manner as they apply when the advocate dies or is
incapacitated, with this modification, that if an order is made for the taxation of
the amount due to the advocate in respect of the business done under the
agreement, the court shall direct the taxing officer to have regard to the
circumstances under which the change of advocate has taken place, and the
taxing officer, unless he or she is of opinion that there has been default,
negligence, improper delay or other conduct on the part of the advocate affording
to the client reasonable ground for changing his or her advocate, shall allow to
the advocate the full amount of the remuneration agreed to be paid to him or her.

60. Agreement excludes taxation

Subject to sections 58 and 59, the costs of an advocate in any case where an
agreement has been made under section 56 shall not be subject to taxation nor to
the subsequent provisions of this Part with respect to the signing and delivery of
an advocate’s bill.

61. Miscellaneous provisions as to remuneration for contentious business

(1) Nothing in section 56, 57, 58, 59 or 60 shall give validity to— (a)
any purchase or acquisition through other means by an advocate of the
interest, or any part of the interest, of his or her client in any suit or other
contentious proceedings;
9992 Cap. 295.] Advocates Act

(b) any agreement by which an advocate retained or employed to

prosecute any suit or other contentious proceeding stipulates for
payment only in the event of success of that suit or proceeding; or
(c) any disposition, contract, settlement, conveyance, delivery, dealing
or transfer which is under the law relating to bankruptcy invalid
against a trustee or creditor in any bankruptcy or composition.

(2) An advocate may, with respect to any contentious business to be

done by him or her, take security from his or her client for his or her costs to be
ascertained by taxation or otherwise.

(3) Subject to any regulations, upon every taxation of costs with respect
to any contentious business, the taxing officer may—
(a) allow interest at such rate and from such tune as he or she thinks just
on money disbursed by the advocate for the client, and on money of
the client in the hands of, and improperly retained by the advocate;
(b) in determining the remuneration of the advocate, have regard to the
skill, labour and responsibility involved in the business done by him
or her.

62. Power of court to order advocate to deliver his or her bill, deeds, etc.

(1) The jurisdiction of the court to make orders for the delivery by an
advocate of a bill of costs and for the delivery up of, or otherwise in relation to,
any deeds, documents or papers in his or her possession, custody or power, is
declared to extend to cases in which no business has been done by him or her in
the court.

(2) In this section and in sections 63, 64 and 65, the expression
"advocate"’ includes the executors, administrators and assignees of the advocate
in question.

63. Action to recover advocate’s costs

(1) Subject to this Act, no suit shall be brought to recover any costs due to
an advocate until one month after a bill of costs has been delivered in accordance
with the requirements of this section; except that if there is probable cause for
believing that the party chargeable with the costs is about
Advocates Act [Cap. 295. 9993

to leave Uganda, or to become a bankrupt, or to compound with his or her

creditors, or to do any other act which would tend to prevent or delay the
advocate obtaining payment, the court may, notwithstanding that one month has
not expired from the delivery of the bill, order that the advocate be at liberty to
commence a suit to recover his or her costs and may order those costs to be taxed.

(2) The requirements referred to in subsection (1) are as follows—

(a) the bill must be signed by the advocate, or if the costs are due to a
firm, one partner of that firm, either in his or her own name or in the
name of the firm, or be enclosed in, or accompanied by, a letter
which is so signed and refers to the bill; and
(b) the bill must be delivered to the party to be charged with it, either
personally or by being sent to him or her by registered post to, or
left for him or her at, his or her place of business, dwelling house,
or last known place of abode,
and where a bill is proved to have been delivered in compliance with these
requirements, it shall not be necessary in the first instance for the advocate to
prove the contents of the bill, which shall be presumed until the contrary is
shown, to be a bona fide bill complying with this Act.

64. Taxation of bills on application of party chargeable or advocate

(1) Within one month of the delivery of an advocate's bill, the party
chargeable with the bill may, by notice in writing, a copy of which shall be served
by the person giving the notice on the advocate, require the taxing officer to fix
a date for the taxation of the bill, and the taxing officer shall fix a date
accordingly and shall give notice of the date to the party chargeable with the bill
and to the advocate.

(2) The advocate, on receipt of a copy of the notice as provided in

subsection (1), shall immediately forward to the taxing officer a copy of the bill
to be taxed, and, if the bill is not fully itemised, shall immediately send forward
to the taxing officer and to the party chargeable with the bill a fully itemised
statement of account in support of the bill.

(3) On the date fixed for the taxation, or on such other date as the taxing
officer may fix in lieu of that date, the bill shall be taxed.
9994 Cap. 295.] Advocates Act

(4) Where the party chargeable with an advocate's bill gives notice as
provided in subsection (1), no suit shall be commenced on the bill to which the
notice relates, and any suit already commenced on the bill shall be stayed, until
the taxation of the bill is completed.

(5) If notice is not given by the party chargeable with the bill as
provided in subsection (1) within the period specified in that subsection, then, on
the application either of the advocate or of the party chargeable with the bill, the
court may, upon such terms, if any, as the court considers proper, not being terms
as to the costs of the taxation, order—
(a) that the bill shall be taxed;
(b) that until the taxation is completed, no suit shall be commenced on
the bill, and any suit already commenced be stayed,
except that—
(c) if twelve months have expired from the delivery of the bill, or if the
bill has been paid, or if a decree, judgment or order has been
obtained in a suit for the recovery of the costs covered by the bill,
no order shall be made on the application of the party chargeable
with the bill except in special circumstances and, if an order is made,
it may contain such terms as regards the costs of the taxation as the
court may consider proper;
(d) in no event shall any such order be made after the expiration of
twelve months from the payment of the bill.

(6) On every taxation of a bill, the taxing officer shall tax not only the
bill but also the costs of the taxation and shall certify what is due to or from the
advocate in respect of the bill and in respect of the costs of the taxation.

(7) If, after due notice of any taxation, either party to the taxation fails
to attend, the taxing officer may proceed with the taxation ex parte.

(8) Unless—
(a) an order for taxation was made on the application of the advocate
and the party chargeable does not attend the taxation; or
(b) the order for taxation otherwise provides,
the costs of the taxation shall be paid according to the event of the taxation, that
is to say, if one-sixth of the amount of the bill is taxed off, the advocate shall pay
the costs, but otherwise the party chargeable shall pay the costs; except that the
taxing officer may, for special reasons to be recorded by him
Advocates Act [Cap. 295. 9995

or her, make any order as he or she may think fit respecting the payment of the
costs of the taxation.

65. Taxation on application of third parties and beneficiaries under

trusts, etc.

(1) Where a person, other than the person who is the party chargeable
with the bill for the purposes of section 64, has paid, or is, or was, liable to pay,
the bill either to the advocate or to the party chargeable with the bill, that person
or his or her administrators, executors or assignees may apply to the court under
section 64(5) for an order for the taxation of the bill as if he or she were the party
chargeable with the bill, and the court may make on that application the same
order, if any, as it might have made if the application had been made by that
party; but in cases where the court has no power to make an order except in
special circumstances, the court may, in considering whether there are special
circumstances sufficient to justify it in making an order, take into account
circumstances affecting the applicant, but which do not affect the party
chargeable with the bill.

(2) If a trustee, executor or administrator has become liable to pay the

bill of an advocate, the court may, upon the application of any person interested
in the property out of which the trustee, executor or administrator has paid, or is
entitled to pay, the bill to be taxed, and upon such terms, if any, as the court
considers appropriate, order the bill to be taxed, and may order such payments,
in respect of the amount found due to or from the advocate, or to the executor,
administrator or trustee, as the court considers appropriate; except that in
considering any such application, the court shall have regard to—
(a) the provisions of section 64 as to applications by the party
chargeable with the taxation of an advocate’s bill so far as they are
capable of being applied to an application made under this
subsection;
(b) the extent and nature of the interest of the applicant.

(3) If an applicant under subsection (2) pays any money to the advocate,
he or she shall have the same right to be paid that money by the trustee, executor
or administrator chargeable with the bill as the advocate had.
9996 Cap. 295.] Advocates Act

(4) The following provisions shall apply to applications made under this
section—
(a) except in special circumstances, no order shall be made for the
taxation of a bill which has already been taxed;
(b) the court may, if it orders taxation of the bill, order the advocate to
deliver to the applicant a copy of the bill upon payment of the costs
of that copy.

66. General provisions as to taxation

(1) Every application for an order for the taxation of an advocate’s bill
or for the delivery of such a bill and the delivering up of any deeds, documents
and papers by an advocate shall be made in the matter of that advocate.

(2) The certificate of the taxing officer by whom any bill has been taxed
shall, unless it is set aside or altered by the court, be final as to the amount of the
costs covered by the bill, and the court may make such order in relation to the
bill as the court considers proper, including, in a case where retainer is not
disputed, an order that judgment be entered for the sum certified to be due with
costs.

(3) Where an advocate’s bill is taxed under section 64( 1), (2),
(3)instance
(4) at the and of the party chargeable with it, subsection (2) shall apply in
all respects as if the taxation had been ordered by the court on an application
made by the party chargeable with the bill in the matter of the advocate
concerned.

67. Charging orders

Any court in which an advocate has been employed to prosecute or defend any
suit, matter or proceeding may at any time declare the advocate entitled to charge
on the property recovered or preserved through this instrumentality for his or her
taxed costs in reference to that suit, matter or proceeding, and may make such
orders for the taxation of those costs and for raising money to pay or for paying
those costs out of that property as the court considers proper, and all conveyances
and acts done to defeat, or operating to defeat, that charge shall, except in the
case of a conveyance to a bona fide purchaser for value without notice, be void
as against the advocate; but no order shall be made if the right to recover the
costs is barred by limitation.
 Advocates Act [Cap. 295. 9997

68. Appeals and references

(1) A person affected by an order or decision of a taxing officer made

under this Part or any regulations made under this Part may appeal within thirty
days to a judge of the High Court who on that appeal may make any order that
the taxing officer might have made.

(2) If any matter arising out of a taxation of a bill of costs appears to the
taxing officer proper for the decision of a judge of the High Court, he or she may
on his or her own motion refer the matter to a judge who may either dispose of
the matter or refer the matter back to the taxing officer with such directions as
the judge thinks fit to make.

(3) With the consent of both parties the taxing officer may refer any
matter in dispute arising out of the taxation of a bill of costs for the opinion of a
judge of the High Court.

(4) The Law Council may make regulations as to the manner in which
appeals and references shall be made under this section and the fees, if any, that
shall be paid on such appeals or references and the persons who shall be liable
for the payment of the fees.

(5) An appeal or reference under this section shall not act as a stay of
execution unless the taxing officer or a judge so orders.

69. Other laws to apply to payment of fees or costs

Nothing in this Part shall affect the provisions of any other law5 * 7, not expressly
repealed by this Act, prescribing or authorising or regulating the payment of fees
or costs in respect of any legal matters.

PART VIII—OFFENCES AND PENALTIES.

70. Unqualified person not to practise

(1) A person other than an advocate who shall either directly or

indirectly act as an advocate or agent for suitors, or as such sue out any summons
or other process, or commence, carry on or defend any suit or other proceedings
in any court, unless authorised to do so by any law, commits an offence.
9998 Cap. 295.] Advocates Act

(2) Subsection (1) shall be subject to any regulations made by the Law
Council for the provision of legal aid and advice to indigent persons, and no
person who acts in accordance with those regulations commits an offence under
that subsection.

71. Unqualified person not to hold himself or herself out as qualified

(1) No person, not being an advocate, shall pretend to be an advocate,

or shall take or use any name, title, addition or description implying that he or
she is qualified or recognised by law as being qualified to act as an advocate.

(2) A person shall not take or use any name, title, addition or description
implying that he or she holds any legal qualification unless he or she in fact holds
that legal qualification.

(3) Any person who contravenes this section commits an offence.

72. Penalty for unqualified persons preparing certain instruments

(1) Any person other than an advocate with a valid practising certificate
or a person specifically authorised by any written law to do so who, unless he or
she proves that the act was not done for, or in expectation of, any fee, gain or
reward, either directly or indirectly, draws or prepares any instrument—
(a) relating to movable or immovable property or any legal
proceeding:
(b) for or in relation to the formation of any limited liability company
whether private or public;
(c) for or in relation to the making of a deed of partnership or the
dissolution of a partnership,
commits an offence.

(2) This section shall not apply to—

(a) any public officer drawing or preparing instruments in the course
of his or her duty;
(b) any person employed merely to engross any instrument,
application or proceeding; or
(c) any person in the full time employment of a limited liability
company drawing or preparing instruments in the course of his or
her duty for and on behalf of that company.
Advocates Act [Cap. 295. 9999

(3) For the purposes of this section and section 73, the expression
“instrument" does not include—
(a) a will or other testamentary instrument;
(b) a letter or power of attorney; or
(c) a transfer of stock or shares containing no trust or limitation of the
stock or shares.

73. Instruments to be endorsed with name and address of drawer

(1) Every person who draws or prepares any instalment to which section
72 applies shall endorse or cause to be endorsed on the instalment his or her name
and address; and any such person omitting to do so or falsely endorsing or
causing to be endorsed any of such requirements commits an offence.

(2) It shall not be lawful for any registering authority to accept or

recognise any such instalment unless the instalment bears the name and address
of the person who prepared it endorsed on the instalment.

74. Penalty on unqualified person acting in preparation of papers for

probate, etc.

Any person, not being an advocate with a valid practising certificate, or a person
specifically authorised by any written law to do so, who, unless he or she proves
that the act was not done for or in expectation of any fee, gain or reward, either
directly or indirectly, or as an agent of any person other than a person qualified
as above mentioned, takes instructions for or draws or prepares any papers on
which to found or oppose a grant of probate or of letters of administration,
without prejudice to any liability or disability to which he or she may be subject
under any other section of this Act or any other written law7, commits an offence.

75. No costs recoverable for acts constituting offence

No costs shall be recoverable in any suit, proceeding or matter by any person in

respect of anything done, the doing of which constitutes an offence under this
Act, whether or not any prosecution has been instituted in respect of the offence.
10000 Cap. 295.] Advocates Act

76. Offences by bodies corporate

If any act is done by a body corporate or by any director, officer or servant of the
body corporate, of such a nature or in such a manner as to be calculated to imply
that the body corporate is qualified, or recognised by law as qualified to act as an
advocate, the body corporate commits an offence and is liable, on conviction, to
a fine not exceeding fifty currency points and, in the case of an act done by any
director, officer or servant of the body corporate, he or she, without prejudice to
the liability of the corporation, commits an offence and is liable, on conviction,
to a fine not exceeding twenty currency points or to imprisonment for a term not
exceeding six months, or both.

77. Advocates not to act as agents for unqualified persons

(1) No advocate shall knowingly act as an agent for any other person,
other than an advocate, in the performance of any act which, under the provisions
of this Act or any other written law, may only be performed by an advocate, nor
shall he or she allow his or her name to be made use of by any person, other than
an advocate in respect of the performance of such an act.

(2) Any advocate who contravenes subsection (1) commits an offence.

78. Advocates not to employ persons removed from Roll or suspended

(1) No advocate, in connection with his or her practice, shall employ or

remunerate any person who to his or her knowledge is disqualified from
practising as an advocate by reason of the fact that his or her name has been
removed from the Roll as a result of disciplinary proceedings or by reason of the
fact that he or she has been suspended from practising for a like cause.

(2) Any advocate who contravenes subsection (1) commits an offence.

79. Penalty on failure to disclose fact of having been removed from Roll

A person who, while he or she is disqualified from practising as an advocate by

reason of the fact that he or she has been prohibited or suspended from
Advocates Act [Cap. 295. 10001

the right to practise, otherwise than at his or her own request, or because of his
or her conduct has become disentitled to practise, seeks or accepts employment
by an advocate in connection with that advocate's practice, commits an offence.

80. Disciplinary offences by advocates

(1) No advocate shall—

(a) take instructions in any case except from the party on whose behalf
he or she is retained or a person who is the recognised agent of that
party within the meaning of the Civil Procedure Act or a servant,
relation or friend authorised by the party to give the instructions;
(b) mislead or allow any court or officer of any court to be misled;
(c) tender or give or consent to the retention out of any fee paid or
payable to him or her for his or her services of any gratuity for
procuring or having procured the employment in any legal business
of himself or herself or any other advocate;
(d) directly or indirectly procure or attempt to procure the employment
of himself or herself or his or her partner or assistant as an advocate,
through or by the intervention of any person to whom remuneration
for obtaining such employment has been given by him or her, or
agreed or promised to be so given;
(e) accept any employment in any legal business through a tout or
employ a tout as defined in section 81;
(f) advertise in relation to his or her professional business, except as
may be permitted by regulations made by the Law Council;
(g) directly or indirectly hold himself or herself out or permit himself
or herself to be held out, whether by name or otherwise, as being
prepared to undertake professional business for any fee or
consideration which shall be less than the scale of charges, if any,
for the time being in force;
(h) agree with his or her client either before, during or after the conduct
of any non-contentious professional business to undertake such
business for any fee or consideration whatsoever that shall be less
than that set out in the scale of charges, if any, for the time being in
force;
(i) deceive or mislead any client or allow him or her to be deceived or
misled in any respect material to the client;
(j) commit any contempt of court; or
10002 Cap. 295.] Advocates Act

(k) act fraudulently or improperly in the discharge of his or her

professional duty.

(2) Any advocate who contravenes or fails to comply with subsection (1)
commits an offence and is, alternatively or in addition, liable to proceedings
under section 27.

81. Acting as tout prohibited

(l) Any person who, on behalf of any advocate, or for his or her own
account, acts as a tout commits an offence.

(2) For the purposes of this section, "tout” means a person who, in
consideration of any payment or other advantage to himself or herself, procures
the employment in any legal business of any advocate, or proposes to an advocate
to procure him or her employment or other advantage.

82. Penalty for inducing clients to abandon their advocates

Any person who induces or attempts to induce any client or prospective client of
any advocate to cease to be the client of that advocate in order to become the
client of the advocate whom that person serves in any capacity commits an
offence.

PART IX—MISCELLANEOUS

83. Power to make regulations

(1) Without prejudice to any other provision of this Act, the Law Council
may make regulations with regard to—
(a) any matter concerning the professional practice, conduct and
discipline of advocates;
(b) the appropriate dress or robe of advocates for their appearance
before a court;
(c) the manner in which advocates shall keep accounts;
(d) the annual submission to the Registrar by advocates of a certificate,
signed by an accountant holding one or more of the qualifications
specified in the regulations, that he or she has examined the books,
accounts, and documents to such extent as may be prescribed;
Advocates Act [Cap. 295. 10003

(e) the scale of fees to be charged by advocates for conveyancing and

other non-contentious business and of costs in respect of contentions
business whether as between party and party or advocate and client
and providing for the manner and procedure of taxation of the costs
by officers of the courts and all matters connected with the
allowance and disallowance of costs, fees and disbursements;
(f) the granting of a special rank, howsoever styled, to advocates of long
standing, skill and experience, the regulating of their practice and
restricting such practice to certain courts;
(g) the provision of legal aid and advice to indigent persons; and
(h) the safeguarding of the interest or property of the clients of
advocates—
(i) whose names have been struck off the Roll;
(ii) whose right to practise has been suspended; or
(iii) who are unable for any other cause to practise.

(2) Any regulations made in respect of non-contentious business may,

as regards the mode of remuneration, prescribe that it shall be according to a scale
of rates of commission or percentage, varying or not in different classes of
business, or by a gross sum, or by a fixed sum for each document prepared or
perused, without regard to length, or in any other mode, or partly in one mode
and partly in another, and may regulate the amount of remuneration with
reference to all or any of the following, among other considerations—
(a) the position of the party for whom the advocate is concerned in the
business, that is, whether as vendor or purchaser, lessor or lessee,
mortgagor or mortgagee, charger or chargee and the like;
(b) the place where, and the circumstances in which, the business or any
part of the business is transacted;
(c) the amount of capital money or rent to which the business relates;
(d) the skill, labour and responsibility involved in the business on the
part of the advocate;
(e) the number and importance of the documents prepared or perused,
without regard to length.

(3) Regulations made in respect of non-contentious business may

authorise and regulate—
(a) the taking by an advocate from his or her client of security for
payment of any remuneration, to be ascertained by taxation or
10004 Cap. 295.] Advocates Act

otherwise, which may become due to him or her under any such
order; and
(b) the charging of interest.

(4) The Law Council may make regulations with regard to the training,
qualifications, registration, conduct and discipline of legal assistants.

(5) An advocate who contravenes or fails to comply with any

regulations made under subsection (l)(a) shall be guilty of unprofessional
conduct, and the Law Council or any person may make a complaint to the
Disciplinary Committee in respect of that conduct.

(6) Where the provisions of this section are in conflict with the
provisions of section 45 of the Judicature Act, the provisions of this section shall
prevail.

84. Jurisdiction to try offences

Except as otherwise expressly provided in this Act, all offences under this Act,
where no indictment is filed, shall be tried by a magistrate’s court presided over
by a chief magistrate or a magistrate grade I.

85. General penalty

(1) Any person who commits an offence under this Act, for which no
penalty is otherwise provided, is liable, on conviction, to a fine not exceeding
twenty currency points or to imprisonment for a term not exceeding six months,
or both.

(2) Any person who commits an offence under this Act is liable whether
or not he or she has been charged with, convicted or acquitted of that offence, to
proceedings under Part VI of this Act.

86. Taxing officer

The taxing officer for the taxation of bills under this Act shall be a Registrar or
Deputy Registrar of the High Court or, in the absence of the Registrar or Deputy
Registrar, such other officer as the Chief Justice may appoint; except that in
respect of the taxation of costs between party and party arising out of any
contentious business brought in a court subordinate to the High Court,
Advocates Act [Cap. 295. 10005

the taxing officer shall be a chief magistrate or a magistrate grade I with

jurisdiction in the area where the suit was heard.

87. Agreements exempting advocates from negligence to be void

A provision in any agreement between an advocate and a client that the advocate
shall not be liable for negligence or that he or she shall be relieved from any
responsibility to which he or she would otherwise be subject as such advocate,
shall be wholly void.

88. Power to amend Schedule 1

The Minister may, by statutory instrument, with the approval of Cabinet, amend
Schedule 1 to this Act.

89. Other laws to apply in relation to proceedings

Nothing in this Act shall prejudice or affect—

(a) the provisions of any other written law empowering any person, not
being an advocate, to conduct, defend or otherwise act in relation to
any proceedings; or
(b) the provisions of any other written law prohibiting any person or
class of persons from conducting, defending or otherwise acting in
relation to any proceedings.
10006 Cap. 295.] Advocates Act

SCHEDULES

Schedule 1
Sections 1, 88
Currency Point

A currency point is equivalent to twenty thousand shillings.

Advocates Act [Cap. 295. 10007

Schedule 2
Section 46
Advocates Accounts Rules

1. (1) In these Rules, unless the context otherwise requires—

“advocate” includes a firm of advocates;
“advocate-trustee” means an advocate who is a sole trustee or who is co-
trustee only with a partner, clerk or servant of his or hers or with
more than one of such persons;
“client” means any person on whose account an advocate holds or receives
client’s money;
“client account” means a current or deposit account at a bank in the name
of the advocate in the title of which the word “client” appears;
“client’s money" means money held or received by an advocate on account
of a person for whom he or she is acting in relation to the holding
or receipt of the money either as an advocate or, in connection with
his or her practice as an advocate, as agent, bailee, stakeholder or in
any other capacity; but the expression “client’s money” shall not
include—
(a) money held or received on account of the trustees of a trust
of which the advocate is advocate-trustee; or
(b) money to which the only person entitled is the advocate
himself or herself or, in the case of a firm of advocates, one
or more of the partners in the firm;
“trust money” means money held or received by an advocate which is not
client’s money and which is subject to a trust of which the advocate
is a trustee whether or not he or she is advocate-trustee of the trust.

(2) Other expressions in these Rules shall have the meanings assigned
to them by the Act.

2. (1) Subject to rule 8, every advocate who holds or receives client’s

money, or money which under rule 3 he or she is permitted and elects to pay into
a client account, shall without delay pay the money into a client account.

(2) An advocate may keep one client account or as many of such

accounts as he or she thinks fit.
10008 Cap. 295.] Advocates Act

3. There may be paid into a client account—

(a) trust money;
(b) such money belonging to the advocate as may be necessary for the
purpose of opening or maintaining the account;
(c) money to replace any sum which may, by mistake or accident, have
been drawn from the account in contravention of rule 7(2); and
(d) a cheque or draft received by the advocate, which under rule 4 he or
she is entitled to split but which he or she does not split.

4. Where an advocate holds or receives a cheque or draft which includes

client’s money or trust money of one or more trusts—
(a) he or she may where practicable split the cheque or draft and, if he
or she does so, he or she shall deal with each part of it as if he or she
had received a separate cheque or draft in respect of that part; or
(b) if he or she does not split the cheque or draft, he or she shall, if any
part of it consists of client’s money, and may in any other case, pay
the cheque or draft into a client account.

5. No money, other than money which under rules 2, 3 and 4 an advocate is

required or permitted to pay into a client account, shall be paid into a client
account.

6. There may be drawn from a client account—

(a) in the case of a client’s money—
(i) money properly required for a payment to or on behalf of the
client;
(ii) money properly required for or towards payment of a debt due
to the advocate from the client or in reimbursement of money
expended by the advocate on behalf of the client;
(iii) money drawn on the client’s authority; and
(iv) money properly required for or towards payment of the
advocate’s costs where a bill of costs or other written
intimation of the amount of the costs incurred has been
delivered to the client and the client has been notified that
money held for him or her will be applied towards or in
satisfaction of the costs;
(b) in the case of trust money—
Advocates Act [Cap. 295. 10009

(i) money properly required for a payment in the execution of

the particular trust; and
(ii) money to be transferred to a separate bank account kept
solely for the money of the particular trust;
(c) such money, not being money to which either paragraph (a) or (b)
applies, as may have been paid into the account under rule 3(b) or
(d); and
(d) money which may, by mistake or accident, have been paid into the
account in contravention of rule 5,
except that in any case under paragraph (a) or (b) the money so drawn
shall not exceed the total of the money held for the time being in the
account on account of the client or trust.

7. (1) No money drawn from a client account under rule 6(a)(ii) or (iv),
(c) or (d), shall be drawn except by—
(a) a cheque drawn in favour of the advocate; or
(b) a transfer to a bank account in the name of the advocate not being a
client account.

(2) No money, other than money permitted by rule 6 to be drawn from a

client account, shall be so drawn unless the High Court, upon an application
made to it by the advocate, specifically authorises in writing its withdrawal.

8. (1) Notwithstanding these Rules, an advocate shall not be under obligation

to pay into a client account client's money held or received by him or her—
(a) which is received by him or her in the form of cash, and is without
delay paid in cash in the ordinary course of business to the client or
a third party;
(b) which is received by him or her in the form of a cheque or draft
which is endorsed over in the ordinary course of business to the
client or a third party and is not passed by the advocate through a
bank account; or
(c) which he or she pays into a separate banking account opened or to
be opened in the name of the client or of some person named by the
client.

(2) Notwithstanding these Rules, an advocate shall not pay into a client
account client’s money held or received by him or her—
10010 Cap. 295.] Advocates Act

(a) which the client for his or her own convenience requests the
advocate to withhold from such account;
(b) which is received by him or her for or towards payment of a debt
due to the advocate from the client or in reimbursement of money
expended by the advocate on behalf of the client; or
(c) which is paid to him or her expressly on account of costs incurred in
respect of which a bill of costs or other written intimation of the
amount of the costs has been delivered, or as an agreed fee, or on
account of an agreed fee, for business undertaken or to be
undertaken.

(3) Where a cheque or draft includes other money of a client as well as

client’s money of the nature described in subrule (2), the cheque or draft shall be
dealt with in accordance with rule 4.

(4) Notwithstanding these Rules, the High Court may upon an

application made to it by an advocate, specifically authorise him or her in writing
to withhold any client’s money from a client account.

9. (1) Every advocate shall at all times keep properly written up such books
and accounts as may be necessary—
(a) to show all his or her dealings with—
(i) client’s money held or received or paid by him or her; and
(ii) any other money dealt with by him or her through a client
account; and
(b) to distinguish such money held, received or paid by him or her on
account of each separate client and to distinguish such money from
other money held, received or paid by him or her on any other
account.

(2) Every advocate shall preserve, for at least six years from the date of
the last entry therein, all books and accounts kept by him or her under subrule
(1).

10. A written intimation of the amount of an advocate’s costs incurred and a

notification to a client that money held for him or her will be applied as
mentioned in rule 6(a)(iv) may be delivered to a client in the same manner as a
bill of costs is required to be delivered under section 63(2) of the Act.
Advocates Act [Cap. 295. 10011

Schedule 3
Section 46
Advocates Trust Accounts Rules

1. (1) In these Rules, unless the context otherwise requires—

“advocate-trustee” means an advocate who is a sole trustee or who is co-
trustee only with a partner, clerk or servant of his or hers or with
more than one of such persons;
“client account” means a current or deposit account at a bank in the title
of which the word “client” appears, kept and operated in accordance
with the Advocates Accounts Rules;
“trust bank account” means a current or deposit account in the title of
which the word “trustee” or “executor” appears, kept at a bank in
the names of the trustees of the trust and kept solely for money
subject to a particular trust of which the advocate is advocate-
trustee.

(2) Other expressions in these Rules shall have the meanings assigned to
them by the Act.

2. Subject to rule 8, every advocate-trustee who holds or receives money

subject to a trust of which he or she is advocate-trustee, other than money which
is paid into a client account as permitted by the Advocates Accounts Rules, shall
without delay pay the money into the trust bank account of the particular trust.

3. There may be paid into a trust bank account—

(a) money subject to the particular trust;
(b) such money belonging to the advocate-trustee or to a co-trustee as
may be necessary for the purpose of opening or maintaining the
account; or
(c) money to replace any sum which may, by mistake or accident, have
been drawn from the account in contravention of rule 7.

4. Where an advocate holds or receives a cheque or draft which includes

money subject to a trust or trusts of which the advocate is advocate-trustee—
(a) he or she shall where practicable split the cheque or draft and, if he or
she does so, shall deal with each pan of it as if he or she had received
a separate cheque or draft in respect of that part; or
10012 Cap. 295.] Advocates Act

(b) if he or she does not split the cheque or draft, he or she may pay it into
a client account as permitted by the Advocates Accounts Rules.

5. No money, other than money which under rules 2, 3 and 4 an advocate is

required or permitted to pay into a trust bank account, shall be paid into a trust
bank account.

6. There may be drawn from a trust bank account—

(a) money properly required for a payment in the execution of the
particular trust;
(b) money to be transferred to a client account;
(c) such money, not being money subject to the particular trust, as may
have been paid into the account under rule 3(b); or
(d) money which may, by mistake or accident, have been paid into the
account in contravention of rule 5.

7. No money, other than money permitted by rule 6 to be drawn from a trust

bank account, shall be so drawn unless the High Court, upon an application made
to it by the advocate, expressly authorises in writing its withdrawal.

8. Notwithstanding these Rules, an advocate shall not be under obligation to

pay into a trust bank account money held or received by him or her which is
subject to a trust of which he or she is advocate-trustee and which is received by
him or her either in the form of cash which is without delay paid in cash in the
execution of the trust to a third party or in the form of a cheque or draft which is
without delay endorsed over in the execution of the trust to a third party and is
not passed by the advocate through a bank account.

9. (1) Every advocate-trustee shall at all times keep properly written up such
books and accounts as may be necessary—
(a) to show separately all his or her dealings with money held, received
or paid by him or her on account of each trust of which he or she is
advocate-trustee; and
(b) to distinguish that money from money held, received or paid by him
or her on any other account.

(2) Every advocate-trustee shall preserve, for at least six years from the
date of the last entry therein, all books and accounts kept by him or her under
subrule (1).
Advocates Act [Cap. 295. 10013

History: Act 22/1970; S.I. 140/1970; Decree 19/1976; Decree 21/1977; Decree
1/1979; Cap. 267 (Revised Edition, 2000); Act 27/2002

Cross References

Advocates Act, 1964 Revision, Cap. 258

Advocates (Taxation of Costs) (Appeals and References) Regulations,
S.I. 295-5
Anti-Corruption Act, Cap. 116
Civil Procedure Act, Cap. 282
Evidence Act, Cap. 8
Judicature Act, Cap. 16
Mental Health Act, Cap. 308
Penal Code Act, Cap. 128