Duty to court!
An advocate is entrusted with specific responsibilities while practicing law, encompassing obligations to the court, their clients, adversaries, fellow advocates, and society at large.
Put together all these groups represent an advocate’s customer base. On this customer service week, we want to consider some of the duties an advocate owes to their clients who as has been demonstrated, are multifaceted.
To start us off, we delve into an advocate’s duty towards the court. Section 55 of the Advocates Act mandates that every person entitled to act as an advocate must be recognized as an officer of the court. As an officer of court, an advocate has a principal duty to the court; this duty ranks slightly higher than the duty they owe to the client.
These duties include:
1. Duty to assist the Court:
Advocates, as officers of the court, are expected to assist the court in arriving at a fair and just decision. They should present evidence, make legal arguments, and provide information to the court to ensure a proper resolution of the case.
2. Conduct themselves with dignity:
Advocates must maintain a dignified character when presenting cases or interacting with the court. They should always uphold self-respect, while also having the right to report legitimate complaints against a judicial officer.
3. Show respect for the court:
Advocates should consistently demonstrate respect for the court, recognizing that preserving the dignity and respect of the judicial office is crucial for a free society.
4. Avoid private communications
Advocates are forbidden from privately communicating with a judicial officer regarding any pending matter or exerting improper influence on court decisions through illegal means like coercion or bribery.
5. Reject illegal actions against opponents
Advocates must resist the temptation to engage in any unlawful or improper actions towards opposing counsel or parties. They should also guard against their clients employing unfair practices or illegal means when dealing with the judiciary, opposing counsel, or parties involved in a case.
6. Refuse briefs from clients advocating unfair methods
Advocates are required to decline representing clients who insist on using unfair or improper means.
7. Dress appropriately
Advocates should adhere to the dress code prescribed by the Law Society of Kenya and ensure a presentable appearance when appearing in court. This includes restricting advocates ‘s ceremonial attire to appropriate occasions.
8. Refrain from acting as a surety
Advocates should not provide surety or certify the credibility of a surety required by their client for legal proceedings.
All in all, advocates need to uphold the integrity of the legal system by acting professionally, courteously and in a manner that assists the court in its pursuit of justice.
Do you think an advocate should avoid appearing before a Judicial Officer who is a close relative? Let us know in the comment section.
