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.

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.