Advocate And a Lawyer: In Kenya, the terms “advocate” and “lawyer” are often used interchangeably, but they refer to two different roles in the legal profession.
Here are 10 differences between advocates and lawyers in Kenya:
1. Education and qualifications
To become a lawyer in Kenya, one must obtain a Bachelor of Laws (LLB) degree from a recognized university and pass the Bar Examination administered by the Council of Legal Education.
This qualifies one to practice law as an advocate. However, not all lawyers in Kenya are advocates. Some may work in academia, government, or corporate settings where they do not need to be advocates.
2. Advocates are members of the bar
An advocate in Kenya is a member of the Kenyan Bar Association, a professional organization that regulates the practice of law in Kenya. Only advocates are allowed to appear in court and represent clients in legal proceedings.
3. Lawyers can work in different settings
Lawyers in Kenya can work in a variety of settings, including law firms, government agencies, corporations, non-profits, and academia.
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Advocates, on the other hand, are primarily self-employed and work in law firms or as sole practitioners.
4. Advocates have a higher level of responsibility
Advocates in Kenya have a higher level of responsibility than lawyers. They are officers of the court and are expected to uphold the rule of law and the legal profession’s ethics and standards.
Advocates have a duty to protect their client’s interests while maintaining the integrity of the legal system.
5. Advocates have a duty to the court
Advocates have a duty to the court and must act in a manner that upholds the dignity of the court. They must not mislead the court or engage in any conduct that undermines the administration of justice.
6. Advocates can represent clients in court
Advocates are authorized to appear in court and represent clients in legal proceedings. They can also draft legal documents, provide legal advice, and negotiate on behalf of their clients.
7. Advocates can specialize in different areas of law
Advocates in Kenya can specialize in different areas of law, such as commercial law, family law, criminal law, and constitutional law. This allows them to provide specialized services to their clients.
8. Advocates can be Senior Counsel
In Kenya, some advocates are appointed as Senior Counsel by the President. This is an honorific title that recognizes advocates who have distinguished themselves in the legal profession.
9. Lawyers can work in non-legal roles
Lawyers in Kenya can work in non-legal roles, such as human resources, compliance, and management. Advocates, on the other hand, are primarily legal practitioners and do not usually work in non-legal roles.
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10. Lawyers can work in different jurisdictions
Lawyers in Kenya can work in different jurisdictions, both locally and internationally. Advocates, on the other hand, are primarily regulated by the Kenyan Bar Association and are authorized to practice law only in Kenya.
In conclusion, while the terms “advocate” and “lawyer” are often used interchangeably in Kenya, they refer to two distinct roles in the legal profession. Advocates are members of the bar and have a higher level of responsibility and duty to the court.
They are authorized to appear in court and represent clients in legal proceedings. Lawyers, on the other hand, have a broader scope of work and can work in different settings and roles, both legal and non-legal.
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