Difference Between Lawyer and Advocate in Kenya
The Kenyan legal system often uses the terms “lawyer” and “advocate” interchangeably, leading to confusion about their distinct roles. This article clarifies the difference between a lawyer and an advocate in Kenya, outlining their respective qualifications, functions, and responsibilities within the legal landscape. Understanding this distinction is crucial for anyone seeking legal assistance in Kenya.
Understanding the Term “Lawyer” in Kenya
In Kenya, “lawyer” is a broader term encompassing anyone qualified in law. This includes individuals who have earned a law degree (LLB) from a recognized university and completed the Kenya School of Law’s Advocates Training Program (ATP). However, being a lawyer doesn’t automatically grant the right to practice law in court. A lawyer can work in various legal capacities, such as legal advisors in corporations, legal researchers, or law lecturers. They can draft legal documents, offer legal opinions, and negotiate settlements, but they cannot represent clients in court proceedings.
Lawyer Advising Client in Kenya
The Specific Role of an Advocate in Kenya
“Advocate” refers to a lawyer who has been admitted to the Bar by the Chief Justice and holds a current practicing certificate. This admission allows them to represent clients in court, present arguments before judges, and conduct litigation. Advocates are specialized legal professionals authorized to practice law and provide legal representation in all courts in Kenya. They undergo rigorous training and adhere to a strict code of ethics governed by the Law Society of Kenya (LSK).
Key Differences: Lawyer vs. Advocate in Kenya
The primary difference between a lawyer and an advocate lies in their ability to represent clients in court. While all advocates are lawyers, not all lawyers are advocates. Here’s a table summarizing the key distinctions:
| Feature | Lawyer | Advocate |
|---|---|---|
| Court Practice | Not permitted | Permitted |
| Admission to Bar | Not required | Required |
| Representation | Cannot represent clients in court | Can represent clients in court |
| LSK Membership | Not mandatory | Mandatory |
Lawyer vs. Advocate in Kenya
Navigating the Kenyan Legal System: Choosing the Right Legal Professional
Understanding the distinction between a lawyer and an advocate is vital when seeking legal assistance. If you require representation in court, you must engage an advocate. For other legal matters, such as drafting contracts or seeking legal advice, a lawyer who isn’t necessarily an advocate might suffice.
What are the qualifications of an advocate in Kenya?
To become an advocate in Kenya, one must obtain an LLB degree, complete the ATP, be admitted to the Bar, and hold a valid practicing certificate from the LSK.
Can a lawyer become an advocate in Kenya?
Yes, a lawyer can become an advocate after fulfilling the requirements of admission to the Bar and obtaining a practicing certificate.
Conclusion
The distinction between “lawyer” and “advocate” in Kenya is significant, determining the scope of legal practice. While both possess legal knowledge, only advocates hold the right to represent clients in court. Choosing the appropriate legal professional depends on your specific legal needs. If you require court representation, an advocate is essential. For other legal matters, a lawyer might be sufficient. Understanding this difference ensures you receive the correct legal support for your situation.
FAQ
- What is the regulatory body for advocates in Kenya? The Law Society of Kenya (LSK).
- Can a foreign lawyer practice as an advocate in Kenya? Not without fulfilling specific requirements and being admitted to the Kenyan Bar.
- How do I find a reputable advocate in Kenya? You can consult the LSK directory or seek recommendations from trusted sources.
- What is the role of the Advocates Disciplinary Tribunal? It addresses complaints against advocates regarding professional misconduct.
- Are all lawyers members of the Law Society of Kenya? No, only admitted advocates are mandatory members.