“Advocate” is defined under Section 1 of the Advocates Act to mean, any

person whose name is duly entered upon the roll.

Under Section 7 of the Advocates Act, the roll of advocates is to be done by
the registrar. Section 16 of the Advocates Act provides for an Advocate to
be an “officer of court.”
PROCEDURE FOR BECOMING AN ADVOCATE.
The procedure for becoming an advocate is provided for under the
Advocates Act Cap.267 and the Advocates (Enrollment and Certification)
Regulations. Procedure;
1) The person must have acquired knowledge about law/legal studies from
a recognized University or Institute of law. Section 8(5)(a) of the Advocates
Act provides that the person must be a holder of a degree of law granted
by a university in Uganda or a degree in law from other institutions
outside Uganda but recognized by the Law Council.
2) Application for the Certificate of Eligibility to the Law Council.
Regulation 4 of the Advocates (Enrollment and Certification) Regulations
provides for the application of the certificate of eligibility to be done in
conformity with the conditions set out in Section 8(5) of the Advocates Act.
Under Regulation 4
(3), this application must be supported by an affidavit verifying the facts
set forth. Regulation 5(c)-(d) requires the application to be accompanied by
two letters of recommendation from former lecturers or people who have
acted as supervisors of the application and these people should be
advocates with a 3 year standing. However, by virtue of Regulation 4(1)(e),
these advocates must not have any case pending against them as to
professional misconduct. 3) Applicant and the Commissioner of oaths to
sign. Regulation 5 of the Advocates (Enrollment and Certification)
Regulations, requires the 10 application for the Certificate of Eligibility to
be signed by the applicant and the commissioner of oaths.
4) Certificate of Eligibility is run in the Gazette. Regulation 6 of the
Advocates (Enrollment and Certification) Regulations provides that, the
certificate of eligibility will be run in the Uganda gazette that the applicant
and others are aspiring to be advocates of the High Court and other Courts.
The Law Council then issues a Certificate of Eligibility to the applicant.
Application for Enrollment;
5) After receiving the Certificate of Eligibility, the applicant may petition
the Chief Justice so as his or her name can be enrolled. Regulation 8(1) of
the Advocates (Enrollment and Certification) Regulations, requires the
applicant to petition the Chief Justice praying that the name be entered on
the roll of advocates. Regulation 8(2)(a)-(c) provides that, the petition
should be accompanied by the Certificate of Eligibility for enrollment
issued by the Law Council and a certified copy of the statement, or
documents and certificates of legal education. The applicant should also be
recommended by two advocates who have practiced for at least three
years. This application must be submitted through an approved law firm.
6) Advertisement of the application. Regulation 9 of the Advocates
(Enrollment and Certification) Regulations, provides for the advertisement
of the application for enrollment by the Gazette.
7) Notification of the applicant. Regulation 10(2) of the Advocates
(Enrollment and Certification) Regulations provides that, the registrar shall
notify an applicant for enrollment of the decision of the Chief Justice in
respect of the application.
8) Confirmation by the Chief Justice. Once, the name of the applicant is
confirmed by the Chief Justice, his or her name is then entered on the roll
to practice as an advocate. Regulation 11 of the Advocates (Enrollment and
Certification) Regulations provides for the certificate of enrollment to be
issued by the Chief Justice.
The advocate then appears physically to the registrar so as to sign the
Certificate of Enrollment at the High Court.
DUTIES OF ADVOCATES TO THEIR ‘CLIENTS’
Section 1 of the Advocates Act defines a “client” as, ‘any person who as a
principal, or on behalf of another, or personal representative, or in any
capacity has power to retain or employ, an advocate costs.’
Representing clients in court;
It is a duty of a lawyer to represent his or her client in both civil and
criminal proceedings. Article 28(d) of the constitution requires a person
charged with a criminal offence to appear before the court in person or by a
lawyer. Thus in Lobo v. Saleh Salim and others, it was stated that, “….an
advocate who appears for a client in a contested case is retained to
advance or defend his client’s case is retained as an officer of the court.
Providing legal advice to clients;
Advocates have a duty to provide legal advice to clients. This advice has to
be in position to help the client regarding the legal issue at hand. Thus in
Kirima Estates(U) v. K.G Korde, were the advocate gave his client wrong
advice about his financial standing thus led to losses after lending money.
The court held that, the defendant had broken his duty to offer advice to
the plaintiff as to the financial standing.
Duty to communicate to clients;
Regulation 2(2) of the Advocates (Professional Conduct) Regulations
provides that, an advocate shall not unreasonably delay the carrying out of
instructions received from his/her clients and shall conduct business on
behalf of clients with due diligence, including answering of
correspondence dealing with the affairs of his or her clients.
Documentation management;
Clients entrust advocates with important papers and documents and thus
rely on their advocates to manage the client’s legal files in a secure and
orderly manner.

Avoiding representing clients in conflicts of interest;

Regulation 9 of the Advocates (Professional Conduct) Regulations restricts
advocates from appearing before any court or tribunal which the advocate
has reason to believe that he/she will be required as a witness.
DUTIES OF ADVOCATES TO THE COURT.
Section 16 of the Advocates Act requires every advocate to act as an ‘officer
of the High Court’ and shall be subject to the jurisdiction of the High Court.
Among the duties of the advocates to the court include;
Duty not to submit false evidence;
Section 57 of the Advocates Act provides that Advocates shall not include
any affidavit which they have reason to believe to be false.
Duty to advise the court on matters within his or her special knowledge;
Advocates are under a duty not to allow the court to be misled. Regulation
19 of the Advocates (Professional Conduct) Regulations requires the
advocate to inform the court of any irregularity without delay. Thus in
Vicent Iga v. Agip, it was stated that, “the duty of counsel is to elicit all
relevant information to the court to help court arrive at the right decision.”
Duty not to interfere with the due process of court;
This includes the duty not hinder, intimidate or induce a witness whom the
advocate knows has been called to witness. Regulation 18 of the Advocates
(Professional Conduct) Regulations prohibits advocates from coaching
witnesses.
DUTIES OF ADVOCATES TO OPPOSING COUNSEL
a) Communication with both counsel about the details of the case at hand.
b) Discovery process. This is the stage were both lawyers exchange
documents and information about a case.
c) In court, both counsel have a duty not to be blinded by the desire to
achieve success for their client by providing misleading witnesses and false
documents.
ADVOCATES DUTY TO THE LEGAL PROFESSION(HIMSELF) .
a. To protect the constitution of Uganda as required by Article 3 of
Constitution.
 b. To pay annual fees to the Uganda Law Society, East African law Society
and the High Court.
c. To comply to the Advocates Code of Conduct.

2
In Uganda the legal profession is vast and wide it is one of the most
prestigious professions in Uganda and considered to be one of the most
regulated professions.

An advocate is said to be a member of a profession. Therefore a higher

standard of behavior is expected from the profession than from an ordinary
citizen
a)The public must be able to place a great deal of trust in such professionals
due to the work that they carry out.
i) The advocate may have to handle large amounts of clients money.
ii) In addition to holding clients monies, advocates must be able to be
trusted to act in the best interests of their clients. Clients often seek advice
from advocates concerning transactions worth a lot of money. The client
must be certain that the advocate will provide honest advice and take
every step to protect that client’s interests.
iii) The client must be reassured that whatever the matter,the advocate can
be trusted to keep information confidential. Clients often seek an advocates
advice on sensitive matters.
Law Firms ,like any other commercial organization must comply with
general regulatory requirements e.g payment taxes etc.
‘Professional conduct’ is the term that is often used to describe the rules
and regulations with which an advocate must comply.
 Advocates like every other person must comply with the laws of
Uganda .
  However,additional requirements are placed upon advocates due to
the nature of their job. There are a number of rules and requirements
with which the advocate must comply .The aim of the rules is to
ensure the protection of the public and to uphold the integrity of the
profession itself. Breach of the rules and requirements can have
severe consequences:
 Tarnish of one’s reputation
 Criticism from other members of the profession.
 Breach of other rules may lead to disciplinary action and possible
conviction for a criminal offence.
 The ultimate sanction for breach of the requirements of professional
conduct is to be ‘struck off’ the role of advocates.This effectively ends
the advocates career and prevents him from acting as an advocate.

1.2 What is Professional Misconduct ? ( Regulation 31 The Advocates
(Professional Conduct) Regulations)

Regulation 31. Offences under the Advocates Act, etc.

(1) Any act or omission of the advocate, which is an offence under
the Advocates Act, shall be professional misconduct for the purposes of
these
Regulations.
(2) Any conduct of an advocate, which in the opinion of the
Disciplinary Committee, whether the conduct occurs in the practice of the
advocate’s profession or otherwise, is unbecoming of an advocate shall be a
professional misconduct for the purposes of these Regulations.
The Advocates Act, the Advocates (Professional Conduct) Regulations,
Statutory Instrument No. 267-2 and other Regulations made under the
Act, set standards which if breached constitute offences(professional
misconduct) punishable by the Disciplinary Committee of the Law Council.
The sources of rules of professional misconduct are :
 The Advocates Act makes certain activities criminal offences.
 The Advocates (Professional Conduct) Regulations 1977 S.I No.267-2
 Case law decisions from Uganda.
  Case law from other common law countries ,where circumstances
render their principles applicable to Uganda.

ADVOCATES PROFESSIONAL MISCONDUCT
Who is a subject of the Advocates Act Cap 267?
Part V—Discipline of advocates and clerks.
16. Advocates to be officers of the 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.
OFFENCES/UNBECOMING BEHAVIOUR OF AN
ADVOCATE
OFFENCE SECTION
/REGULATION
UNDER THE
ADVOCATES ACT
1 Acting without instruction, Regulation 2(1)
The Advocates
(Professional
Conduct )
Regulations, SI 267-2

2 Misleading court or allows any officer of

court to be misled, The Advocates
(Professional
Conduct )
Regulations, SI 267-2

3 Accepting any employment in any legal Regulation 22

business through a tout or employing The Advocates
a tout, (Professional
Conduct )
Regulations, SI 267-2
4 Advertising himself or herself in any way Regulation 23,25
in relation to his or her profession or The Advocates
business as an advocate, except so far as (Professional
may be necessary to make his or her office Conduct )
or to give his or her address to person Regulations, SI 267-2
having business communication or dealing
with him or her,

5 Directly or indirectly holding himself out or Section 74(1)(g) The

permit himself or herself to be held out, Advocates Act, Cap
whether by name or otherwise as being 267
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;

6 Deceiving or misleading any client or allow Regulation 11

him or her to be deceived or misled in any The Advocates
respect material to the client; (Professional
Conduct )
Regulations, SI 267-2

7 Committing any contempt of court  S.74(1)(j)

Advocates Act
 S.3(c),107
(3)Penal Code
Act
8 Acting fraudulently or improperly in the S74 (1)(K) Advocates
discharge of his or her professional duty. Act.
Ssemakula &
Co.Advocates no.252
V URA (Civil Suit
2011)[2012]
UGCOMMC 48 (18
May 2012)

9 Unreasonably delaying the carrying out of Regulation 2 (2) The

 his or client’s work, Advocates
(Professional
Conduct)
Regulations, SI 267-2
10 Regulation 2(2) The
Failing to carry out client’s instructions Advocates
with due diligence, (Professional
Conduct)
Regulations, SI 267-2
11 Prejudicing former client, Regulation 4
The Advocates
(Professional
Conduct )
Regulations, SI 267-2
12 Failing to supervise client’s work, Regulation 4
The Advocates
(Professional
Conduct )
Regulations, SI 267-2
13 Fail to appear in court to prosecute his or Regulation 5
client’s work/ Duty to appear in court The Advocates
(Professional
Conduct )
Regulations, SI 267-2

14 Disclosing client’s information, Regulation 7

The Advocates
(Professional
Conduct )
Regulations, SI 267-2
15 Regulation 8
Failing to account for client’ s money, The Advocates
(Professional
Conduct )
Regulations, SI 267-2
16 Having personal involvement in the client’s Regulation 9
case, The Advocates
(Professional
 Conduct )
Regulations, SI 267-2
17 Regulation 10 The
Breaching advocate client fiduciary Advocates
relationship, (Professional
Conduct )
Regulations, SI 267-2

18 Exploit client’s shortcoming, Regulation 11 The

Advocates
(Professional
Conduct )
Regulations, SI 267-2

19 Failing to advise a client diligently, Regulation 12 The

Advocates
(Professional
Conduct )
Regulations, SI 267-2

20 Failing to act diligently or expeditiously, Regulation 2(2) The

Advocates
(Professional
Conduct )
Regulations, SI 267-2

21 Having unlawful arrangements with public Regulation 13 The

officer Advocates
(Professional
Conduct )
Regulations, SI 267-2

22 Giving undertakings to another advocate to Regulation 14 The

any person knowing that he/ she has no Advocates
authority or means of satisfying the (Professional
undertaking and knowingly breach the Conduct )
terms of the undertaking, Regulations, SI 267-2
23 Preparing an affidavit which he or she Regulation 15 The
knows or has reason to believe is false Advocates
(Professional
Conduct )
Regulations, SI 267-2

24 Duty of an advocate to advise the court on Regulation 17 The

matters within his or her special Advocates
knowledge, (Professional
Conduct )
Regulations, SI 267-2

25 Coaching of clients, Regulation 18 :

The Advocates
(Professional
Conduct )
Regulations, SI 267-2

26 Hindering a witness from giving evidence, Regulation 19:

The Advocates
(Professional
Conduct )
Regulations, SI 267-2

27 Res sub judice: Regulation 20

This is a latin term which means ‘under The Advocates
judgment’ or ‘under judicial (Professional
consideration’It is a common law rule that Conduct )
prohibits the publication of matters before Regulations, SI 267-2
court, in a sense that the matter should not
be pre judged

28 Acting for client of another advocate Regulation 21

without consent, The Advocates
(Professional
Conduct )
Regulations, SI 267-2
29 Charging excessive fees, Regulation 28 The
 Advocates
(Professional
Conduct )
Regulations, SI 267-2

30 Entering into any agreement for sharing of Regulation 26 The

proportion of proceeds of judgment Advocates
whether by way of percentage or otherwise (Professional
Conduct )
Regulations, SI 267-2

31 Advancing money to a client, Regulation 27:

The Advocates
(Professional
Conduct )
Regulations, SI 267-2

CONDUCT UNBECOMING OF
ADVOCATES
Regulation 17(1)
Failing to comply with the requirement for Advocates
32 20 hours of Continuing Legal Education (Continuing Legal
Education)
Regulations, 78 of
2004,

33 Failing to provide 40 hours of probono legal

service Advocates (Probono
Services to Indigent
Persons)
Regulations, No. 39
of 2009.

34 Failing to comply with the requirement

under sections 48 and 50 of the Act, which Sections 48 and 50 of
require that where an advocate makes a the Advocates Act,
remuneration agreement with his or her
client either for contentious or non-
 contentious matter, a certificate of the same
must be sent to the secretary law council

35 Regulation 5(6).
Practicing in unapproved chamber, Advocates
(Approval and
Inspection of
chambers), 2005
36 Failing to keep proper books of account i.e Section 40, 43(1)The
the office and clients’ accounts Advocates Act, Cap
267, Regulation 29,
The Advocates
(Professional
Conduct)
Regulations, SI 267-2
37 Failing to comply with court orders or Regulation 31, The
orders of the Disciplinary Committee of the Advocates
Law Council, (Professional
Conduct)
Regulations, SI 267-2
Section 38, The
Advocates Act, Cap
267
38 Allowing or assisting an advocate who has Section 72 (1), The
been suspended to practice in his or her Advocates Act, Cap
chamber. 267

39 Having unlawful arrangements with public Regulation 13 The

officers Advocates
(Professional
Conduct )
Regulations, SI 267-2

40 Breaching of Advocates fiduciary Regulation 10 The

relationship Advocates
(Professional
Conduct )
Regulations, SI 267-2
41 Personal involvement in a clients case Regulation 9 The
Advocates
(Professional
Conduct )
Regulations, SI 267-2

Regulation 5 The
Advocates
(Professional
Conduct )
Regulations, SI 267-2

3.9 INSTITUTIONS RESPONSIBLE FOR PROFESSIONAL CONDUCT

The key institutions involved include Law Council, the Law Council’s
Disciplinary Committee, the Law Development Centre, and the High
Court.

LAW COUNCIL The functions of the Law Council -

Section 3 of the Advocates Act

LAW COUNCIL’S Established in accordance with Section

DISCIPLINARY COMMITTEE 18 of the
What are the functions of the Advocates Act. For functions of the
Disciplinary Committee ? committee see Advocates Act (Cap.
267), ss. 2, 3, 3A & 5(2), as amended by
the Advocates
(Amendment) Act (Act 27 of 2002), s.
4.

Every advocate is subject to the

jurisdiction of the
Disciplinary Committee, which enjoys
concurrent jurisdiction with ordinary
courts in trying offences under the
Advocates Act.( ss. 16, 78 & 79(2).)
At the conclusion of a hearing, the
Disciplinary Committee may order
 that the complaint be dismissed or
make an appropriate order against the
advocate.

LAW DEVELOPMENT The Law Development Centre Act

CENTRE established LDC in 1970. See functions
of the Centre.

HIGH COURT S.11 Advocates Act -The High Court

of Uganda issues practising certificates
to eligible advocates on the Roll of
Advocates. An advocate may not
practice in Uganda without such a
certificate. The importance of this
certificate makes the High Court a key
player in ensuring advocate
compliance with respect to payment of
fees, continuing legal education
requirements, pro bono services
requirements and other requirements

UGANDA LAW SOCIETY S.8 Uganda Law Society Act –

Termination of membership of the
society.

Any member whose name has been

struck off the Roll of Advocates, or
who has had his or her right to
practise as an advocate suspended,
shall be deemed to have been expelled
from the society, or to have had his or
her membership suspended, as the
case may be.

Any member of the society, other than

an honorary member, who ceases to
 be qualified for membership shall
thereupon cease to be a member.

Disciplinary proceedings
Codes of professional conduct for lawyers shall be established by the legal
profession through its appropriate organs, or by legislation, in accordance
with national law and custom and recognized international standards and
norms.
Charges or complaints made against lawyers in their professional capacity
shall be processed expeditiously and fairly under appropriate procedures.
Lawyers shall have the right to a fair hearing, including the right to be
assisted by a lawyer of their choice.
Disciplinary proceedings against lawyers shall be brought before an
impartial disciplinary committee established by the legal profession, before
an independent statutory authority, or before a court, and shall be subject
to an independent judicial review.
All disciplinary proceedings shall be determined in accordance with the
code of professional conduct and other recognized standards and ethics of
the legal profession and in the light of these principles.

The dress code of lawyers in legal profession

Since Uganda was colonized by the Brittan is from this that even most of
our laws by virtual of the 1902 order in council are the same as the law of
England.
Uganda took over the culture of the common law courts because of the
Uganda being a British protectorate and accepting to follow the British
laws. Ugandans advocate dress just like British Advocates.

English Advocates (whether barristers or solicitors) who appear before a

judge who is robed must also be robed and the same principle applies in
Uganda.

All male Advocates in Uganda wear a white stiff wing collar with bond
(two strip of linen about 5/13 cm by 11/25 mm hanging down the front of
the neck) They also wear dark double breasted suits (or with waist coat if
single –breasted) or a black coat and waist coat and black or grey morning
dress striped trousers.

This is simply interpreted to mean a black suit and a wing then a black
morning rob the same applies to women only that they put on a dark suit
to.