- Commenced on 21 August 1970
- [This is the version of this document from 10 December 2002.]
- [Note: The version of the Act as at 31 December 2000 was revised and consolidated by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
- [Amended by Advocates (Amendment) Act, 2002 (Act 27 of 2002) on 10 December 2002]
Part I – Interpretation
1. InterpretationIn 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 subsection (2) of section 18 of this Act and Part V of this Act, includes any person mentioned in section 5 of this Act: and(b)for the purpose of disciplinary proceedings under this Act, includes—(i)any person permitted to practise under subsection (6) of section 10 of this Act; 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;[definition of “advocate” substituted by section 27(A) of Act 27 of 2002]“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” means the value of currency point specified in Schedule 2A to this Act;[definition of “currency point” inserted by section 27(B) of Act 27 of 2002]“Disciplinary Committee” means the committee established under section 18;“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 defend 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 and certifying and notarising miscellaneous legal documents;[definition of “legal practice” inserted by section 27(C) of Act 27 of 2002]“noncontentious business” means any business done by an advocate other than contentious business;“practising certificate” means a certificate issued under section 11;“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 7;“suit” has the same meaning as in the Civil Procedure Act;“unqualified person” means a person not qualified under section 8.
Part II – The Law Council
2. Establishment of the Law Council
2A. Funds of Law Council and Committees
3. Functions of the Law CouncilThe functions of the Law Council shall be—
3A. Renumeration and allowances of Law Council and CommitteesA 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.[section 3A inserted by section 6 of Act 27 of 2002]
4. Proceedings and quorum of the Law Council
5. Secretary of the Law Council and expenses
Part IIA – Supervision of professional education and training[Part IIA inserted by section 7 of Act 27 of 2002]
6A. Committee on Legal Education and TrainingThere 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".[section 6A inserted by section 7 of Act 27 of 2002]
6C. Functions of Committee
Part III – Exempted persons
6. Certain persons exempted from provisions of the Act
Part IV – Enrollment and certification of advocates
7. Roll of advocatesThe registrar shall keep, in accordance with this Act, a roll of advocates.
8. Admission and enrollment of advocates
10. Removal of name from roll on application of advocate
11. Issue of practising certificates and right to practise
12. Refusal of practising certificate
13. Temporary admission to right to practise
14. Cancellation or suspension of practising certificate
14A. Protection of clients of advocates
15. Offences and penalties
15A. Pro bono legal services
Part V – Discipline of advocates and clerks
16. Advocates to be officers of the courtEvery 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.
17. Saving of disciplinary powers of courtsNothing in this Act shall supersede, lessen or interfere with the jurisdiction of any court, inherent or otherwise, to deal with misconduct or offences by an advocate, or any person entitled to act as such, committed during, or in the course of, or relating to, proceedings before the court.
18. Establishment of the Disciplinary Committee
19. Proceedings of the Disciplinary Committee
20. Complaints against advocates
21. Decisions of Committee and action on themOn 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 Committee shall notify the Registrar of its decision and the Law Council shall—
22. Appeal against order of the Disciplinary Committee
23. ***[section 23 repealed by section 19 of Act 27 of 2002]
24. Representation before the High Court
25. Powers of High CourtThe High Court shall, after hearing an appeal from the decision of the Disciplinary Committee—
26. Powers of High Court to be exercised by three judges
27. Registrar to draw up ordersWhere an order has been made by the High Court under section 25, the registrar shall, within one week from the date of the making of the order, cause the order to be drawn up.
28. Orders to be noted on the roll
29. Reciprocal enforcement of suspensions, etc.
30. Uganda Law Society to be informed
31. Limitation of time for certain applicationsSubject 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 enrollment, unless the application to strike his or her name off the roll is made within twelve months after the date of his or her enrollment; except that this section shall not apply to any case where fraud is proved to have been committed in connection with the admission or enrollment.
32. Restoration to the roll
33. Disciplinary powers as to clerks
34. Clerk’s right of appeal
35. Offences and penalties with respect to employment of clerks against whom an order is in force
36. Order of the Disciplinary Committee to be received in evidenceEvery 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.
37. Proceedings under this Part to be in addition to other remedies
38. Penalties for failure to comply with orders of the Disciplinary CommitteeAny 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 20.
39. Immunity for members of the Disciplinary CommitteeNo member of the Disciplinary Committee, nor any person who is or was at any material time a member, or the secretary of the 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 VI – Accounting by advocates
40. Advocates to keep accounts in compliance with RulesEvery 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 the First and Second Schedule to this Act, and shall deal with all monies to which the rules apply in accordance with those rules.
41. Amendment of RulesThe Law Council, after consultation with the Uganda Law Society, may by statutory instrument amend the Advocates Accounts Rules and the Advocates Trust Accounts Rules.
42. Interpretation of Part VIIn this Part of this Act, unless the context otherwise requires, expressions defined in the Advocates Accounts Rules and the Advocates Trust Accounts Rules shall have the meanings assigned to them in those rules.
43. Failure to comply with provisions of this Part
44. Deposit of costs before instituting inspection of accountsBefore instituting an inspection under section 43, 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 it to cover the costs of inspection and the costs of the advocate against whom the application is made.
45. Penalty for offences against this PartAny advocate who is found guilty of an offence against any of the provisions of this Part of this Act 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.[section 45 amended by section 12(d) of Act 27 of 2002]
46. SavingNothing in this Part of this Act 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 monies standing to the credit of a client account or a trust bank account.
47. Banks not liable to inquire into dealings with client accounts
48. Agreements with respect to remuneration for noncontentious business
49. Remuneration of advocate who is a mortgagee
50. Power to make agreements as to remuneration for contentious business
51. Special requirements of agreements under sections 48 and 50
52. In certain circumstances taxing officer may reduce amount paid under an agreement
53. Death, incapability or change of advocate, etc.
54. Agreement excludes taxationSubject to sections 52 and 53, the costs of an advocate in any case where an agreement has been made under section 50 shall not be subject to taxation nor to the subsequent provisions of this Part of this Act with respect to the signing and delivery of an advocate’s bill.
55. Miscellaneous provisions as to remuneration for contentious business
56. Power of court to order advocate to deliver his or her bill, deeds, etc.
57. Action to recover advocate’s costs
58. Taxation of bills on the application of the party chargeable or the advocate
59. Taxation on application of third parties and beneficiaries under trusts, etc.
60. General provisions as to taxation
61. Charging ordersAny 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 it thinks fit, 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.
62. Appeals and references
63. SavingNothing in this Part of this Act shall affect the provisions of any other law, not expressly repealed by this Act, prescribing or authorising or regulating the payment of fees or costs in respect of any legal matters.
Part VII – Offences
64. Unqualified person not to practise
65. Unqualified person not to hold himself or herself out as qualified
66. Penalty for unqualified persons preparing certain instruments
67. Instruments to be endorsed with name and address of drawer
68. 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 law, commits an offence.
69. No costs recoverable for acts constituting an offenceNo 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.
70. Offences by bodies corporateIf 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 imprisonment for a period not exceeding six months or to both.[section 70 amended by section 12(e) of Act 27 of 2002]
71. Advocates not to act as agents for unqualified persons
72. Advocates not to employ a person removed from the roll or suspended
73. Penalty on failure to disclose fact of having been removed from rollAny 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 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.
74. Disciplinary offences by advocates
75. Acting as tout prohibited
76. Penalty for inducing clients to abandon their advocatesAny 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 VIII – Miscellaneous provisions
77. Power to make regulations
78. Jurisdiction to try offencesExcept 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.
79. General penalty
80. Taxing officerThe taxing officer for the taxation of bills under this Act shall be the registrar or a district or deputy registrar of the High Court or, in the absence of a 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, the taxing officer shall be a chief magistrate or a magistrate grade I with jurisdiction in the area where the suit was heard.
80A. Power of Attorney-General to amend Schedule 2AThe Attorney-General may, with the approval of the Cabinet, by statutory instrument, amend Schedule 2A to this Act.[section 80A inserted by section 25 of Act 27 of 2002]
81. Agreements exempting advocates from negligence to be voidAny 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.
82. Savings of other lawsNothing in this Act shall prejudice or affect—
83. Transitional and saving provisionsThe transitional and saving provisions in the Third Schedule to this Act shall have the effect notwithstanding any other provision of this Act.
History of this document
10 December 2002 this version
Amended by Advocates (Amendment) Act, 2002
21 August 1970
|Advocates (Remuneration & Taxation of Costs) Regulations||Statutory Instrument 123 of 1982|
Cited documents 0
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