It is the responsibility of advocates to balance their obligations to the court and their clients in order to make sure the client’s requirements and wishes are fulfilled without providing false information to the court.
As a client, you rely on and place your trust in your advocate of choice who will, in turn, assist, counsel, and protect you as needed. The relationship between a client and an advocate is of a “fiduciary nature. The law protects your rights as a consumer of legal services. In order to act in a client’s best interests, the law in Kenya, places certain duties on advocates to the clients and they include:
Duty of Loyalty: Advocates must prioritize their clients’ interests above their own and avoid conflicts of interest.
Duty of Competence: Advocates must possess the necessary skills and knowledge to represent their clients effectively. ,
Duty to follow their client’s instructions: Advocates should not take any significant decision in a matter without the client’s instructions; and must carry out their client’s instructions as promptly as possible within the bounds of law.
Duty of Confidentiality: Advocates must maintain the confidentiality of client information, except in specific circumstances permitted by law.
Duty of Communication: Advocates must keep their clients informed about the progress of their case and promptly respond to their inquiries.
Duty of Diligence: Advocates must handle their clients’ cases with diligence and dedication, striving to achieve the best possible outcome.
Duty of Honesty: Advocates must provide honest and accurate advice to their clients, even if it may not be what the client wants to hear.
Duty of Zeal: Advocates must advocate zealously on behalf of their clients within the bounds of the law.
These duties are outlined in various legal and ethical standards in Kenya and form the foundation of the advocate -client relationship.
In our upcoming series, we will thoroughly address each duty individually, outlining any exceptions and the recourse available to clients in case of breaches.
