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ADVOCATES ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
THE LAW COUNCIL.

   2.   Establishment of the Law Council.

   3.   Functions of the Law Council.

   3A.   Funds of Law Council and Committees.

   4.   Proceedings and quorum of the Law Council.

   4A.   Remuneration and allowances of Law Council and committees.

   5.   Secretary of the Law Council and expenses.

PART III
EXEMPTED PERSONS.

   6.   Certain persons exempted from provisions of the Act.

PART IIIA
SUPERVISION OF PROFESSIONAL EDUCATION AND TRAINING.

   6A.   Committee on Legal Education and Training.

   6B.   Composition.

   6C.   Functions of Committee.

PART IV
ENROLLMENT AND CERTIFICATION OF ADVOCATES.

   7.   Roll of advocates.

   8.   Admission and enrolment of advocates.

   9.   Precedence.

   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.

   15.   Offences and penalties.

   15A.   Protection of clients of advocates.

PART V
DISCIPLINE OF ADVOCATES AND CLERKS.

   16.   Advocates to be officers of the court.

   16A.   Pro bono legal services.

   17.   Saving of disciplinary powers of courts.

   18.   Establishment of the Disciplinary Committee.

   19.   Proceedings of the Disciplinary Committee.

   20.   Complaints against advocates.

   21.   Decisions of Committee and action on them.

   22.   Appeal against order of the Disciplinary Committee.

   23.   [Repealed].

   24.   Representation before the High Court.

   25.   Powers of the High Court.

   26.   Powers of High Court to be exercised by three judges.

   27.   Registrar to draw up orders.

   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 applications.

   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 evidence.

   37.   Proceedings under this Part to be in addition to other remedies.

   38.   Penalties for failure to comply with orders of the Disciplinary Committee.

   39.   Immunity for members of the Disciplinary Committee.

PART VI
ACCOUNTING BY ADVOCATES.

   40.   Advocates to keep accounts in compliance with Rules.

   41.   Amendment of Rules.

   42.   Interpretation of Part VI.

   43.   Failure to comply with provisions of this Part.

   44.   Deposit of costs before instituting inspection of accounts.

   45.   Penalty for offences against this Part.

   46.   Saving.

   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 taxation.

   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 on the advocate.

   59.   Taxation on application of third parties and beneficiaries under trusts, etc.

   60.   General provisions as to taxation.

   61.   Charging orders.

   62.   Appeals and references.

   63.   Saving.

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.

   69.   No costs recoverable for acts constituting an offence.

   70.   Offences by bodies corporate.

   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 roll.

   74.   Disciplinary offences by advocates.

   75.   Acting as tout prohibited.

   76.   Penalty for inducing clients to abandon their advocates.

PART VIII
MISCELLANEOUS PROVISIONS.

   77.   Power to make regulations.

   78.   Jurisdiction to try offences.

   79.   General penalty.

   80.   Taxing officer.

   80A.   Power of Attorney General to amend Schedule 2A.

   81.   Agreements exempting advocates from negligence to be void.

   82.   Savings of other laws.

   83.   Transitional and saving provisions.

      First Schedule   The Advocates Accounts Rules.

      Second Schedule   The Advocates Trusts Accounts Rules.

      Schedule 2A      Currency point.

      Third Schedule   Transitional and saving provisions.

CHAPTER 267
ADVOCATES ACT.

Commencement: 21 August, 1970.

   An Act to amend and consolidate the law relating to advocates and to make general provisions for purposes connected with the legal profession.

PART I
INTERPRETATION.

1.   Interpretation.

   In this Act, except where the context otherwise requires—

   (a)   "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 practice 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;

   (b)   "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;

   (c)   "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;

   (d)   "costs" includes fees, charges, disbursements, expenses and remuneration;

   (e)   "currency point" means the value of currency point specified in Schedule 2A to this Act;

   (f)   "Disciplinary Committee" means the committee established under section 18;

   (g)   "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;

   (h)   "Law Council" means the council established under section 2;

   (i)   "legal assistant" means a person who belongs to a class defined by the Law Council in regulations made for that purpose;

   (j)   "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 noncontentious 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;

   (k)   "noncontentious business" means any business done by an advocate other than contentious business;

   (l)   "practising certificate" means a certificate issued under section 11;

   (m)   "professional misconduct" includes disgraceful or dishonourable conduct not befitting an advocate;

   (n)   "registrar" means the chief registrar of the High Court;

   (o)   "roll" means the roll of advocates kept under section 7;

   (p)   "suit" has the same meaning as in the Civil Procedure Act;

   (q)   "unqualified person" means a person not qualified under section 8.

PART II
THE LAW COUNCIL.

2.   Establishment of the Law Council.

   (1) There is established a Law Council which shall consist of—

   (a)   a Judge of the Courts of Judicature appointed by the Attorney General after consultation with the Chief Justice, who shall be Chairperson of the Law Council;

   (b)   the Chairperson of the Committee on Legal Education and Training;

   (c)   the Solicitor General or his or her representative not below the rank of Principal State Attorney;

   (d)   the President of the Uganda Law Society;

   (e)   the Director of the Law Development Centre;

   (f)   the Dean of the Faculty of Law of Makerere University;

   (g)   two practising advocates elected by the Uganda Law Society;

   (h)   a judicial officer not below the rank of a Chief Magistrate appointed by the Magistrates through their national professional body by whatever name called;

   (i)   a person co-opted by the Law Council as it may deem necessary.

   (2) The chairperson and the members of the Law Council, other than the ex officio members, shall hold office for a period of three years and shall be eligible for reappointment.

   (3) If the Chairperson or any of the members of the Law Council appointed under paragraph (g) or (h) of subsection (1)—

   (a)   dies;

   (b)   resigns;

   (c)   is absent from Uganda for a continuous period exceeding six months; or

   (d)   is, in the opinion of the Attorney General, unable by reason of any infirmity of body or mind to perform the duties of that office,

that office shall become vacant and the vacancy shall be filled by the appointing authority.

   (4) In arriving at a decision under paragraph (d) of subsection (3) of this section, the Attorney General shall act on the advice of a medical board which shall be constituted at his or her request by the professional head of the medical services of Uganda.

   (5) In this section, "appointing authority" means the authority responsible for appointing or electing under subsection (1), a person to whom subsection (3) of this section applies.

3.   Functions of the Law Council.

   The functions of the Law Council shall be—

   (a)   to exercise through the medium of the Committee on Legal Education and Training, general supervision and control over professional legal education in Uganda including continuing legal education for persons qualified to practise law in Uganda;

   (b)   ...

   (c)   to advise and make recommendations to the Government on matters relating to the profession of advocates;

   (d)   to exercise, through the medium of the Disciplinary Committee, disciplinary control over advocates and their clerks;

   (e)   to exercise general supervision and control over the provision of legal aid and advice to indigent persons; and

   (f)   to exercise any power or perform any duty authorised or required by this or any other written law.

3A.   Funds of Law Council and Committees.

   (1) The Law Council and the Committees established under this Act shall have powers to charge fees in the performance of their functions under this Act.

   (2) The fees under subsection (1) shall include—

   (a)   fees for application for enrolment under section 7 of this Act;

   (b)   payment for a special practising certificate under section 12 of this Act;

   (c)   payment for expenses of the Disciplinary Committee under section 19 of this Act;

   (d)   any other payments that may appropriately arise under the provisions of this Act.

   (3) Notwithstanding the funds obtained under subsections (1) and (2) of this section, any expenses incurred by the Law Council and the Committees established under this Act, in the performance of their functions or duties under this Act, shall be defrayed out of the moneys provided by Parliament.

4.   Proceedings and quorum of the Law Council.

   (1) The meetings of the Law Council shall be held at such times and places as the chairperson of the council may determine.

   (2) The chairperson of the Law Council shall preside at all meetings at which he or she is present; in the absence of the chairperson from any meeting, the Law Council may appoint any of its members to be chairperson of that meeting.

   (3) The quorum of the Law Council shall be five, but subject to the requirement of a quorum, the Law Council may act notwithstanding any vacancy in its membership.

   (4) Any question before the Law Council shall be decided by a majority of votes of the members present and voting; and the chairperson of the meeting shall, in addition to his or her deliberative vote, have a casting vote in cases where the votes are equally divided.

   (5) Subject to this section, the Law Council shall have power to regulate its own proceedings and for such purpose may make standing orders governing the calling of meetings and the procedure at its meetings.

4A.   Remuneration and allowances of Law Council and committees.

   A 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.

5.   Secretary of the Law Council and expenses.

   (1) There shall be a secretary to the Law Council, whose office shall be a public office.

   (2) Any expenses incurred by the Law Council in the performance of its functions or duties under this Act shall be defrayed out of monies provided by Parliament.

PART III
EXEMPTED PERSONS.

6.   Certain persons exempted from provisions of the Act.

   (1) Every person to whom this section applies shall, if duly qualified as a legal practitioner (by whatever name called) in any country at the time of his or her appointment to this office, be entitled in connection with the duties of his or her office to act as an advocate but shall not, unless the contrary is expressly provided by regulations made by the Law Council, be subject to this Act.

   (2) This section applies to—

   (a)   any person holding an office in the service of the Government, a district administration, or any city, municipal or town council; and

   (b)   any other person or class of persons holding an office specified by the Attorney General by statutory instrument.

PART IIIA
SUPERVISION OF PROFESSIONAL EDUCATION AND TRAINING.

6A.   Committee on Legal Education and Training.

   (1) There 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".

6B.   Composition.

   (1) The Committee shall consist of—

   (a)   an experienced law teacher distinguished service as a practitioner, appointed by the Law Council who shall be Chairperson;

   (b)   a Judge of the Courts of Judicature, appointed by the Attorney General in consultation with the Chief Justice;

   (c)   the Dean of the Faculty of Law at Makerere University or his or her representative being a person not below the rank of Senior Lecturer;

   (d)   the Director of the Law Development Centre or his or her representative being a person not below the rank of Senior Lecturer;

   (e)   a representative of the Uganda Law Society elected by that Society;

   (f)   a representative of the Ministry responsible for justice appointed by the Attorney General;

   (g)   one person nominated by institutions engaged in continuing legal education, and appointed by the Law Council; and

   (h)   a representative of the Ministry responsible for education appointed by the Minister responsible for education.

   (2) The Chairperson and members of the Committee shall hold office for a period of three years and shall be eligible for reappointment.

   (3) If the Chairperson or any of the members of the Committee—

   (a)   dies;

   (b)   resigns;

   (c)   is absent from Uganda for a continuous period exceeding six months without reasonable excuse; or

   (d)   is in the opinion of the Attorney General, unable by reason of infirmity of body or mind to perform the duties of that office, that office shall become vacant and the vacancy shall be filled by the appointing authority.

   (4) In arriving at a decision under paragraph (d) of subsection (3) of this section, the Attorney General shall act on the advice of a medical board which shall be constituted at his or her request by the professional head of the medical services in Uganda.

   (5) In this section, "appointing authority" means the authority responsible for appointing or electing under subsection (1) a person to whom subsection (3) applies.

6C.   Functions of Committee.

   (1) The functions of the Committee are—

   (a)   to serve as the medium of the Law Council in exercising general supervision and control over professional legal education in Uganda;

   (b)   to approve courses of study and to provide for conduct of qualifying examinations for the purposes of this Act;

   (c)   to prescribe the professional requirements for admission to the post-graduate Bar Course and qualifications necessary for eligibility for enrolment as an advocate;

   (d)   to conduct and promote continuing legal education for qualified legal practitioners; and

   (e)   to prescribe the standards and courses for training and recognition of para-legals and their functions.

   (2) Meetings of the Committee shall be held at such times and places as the Chairperson of the Committee may determine.

   (3) The Chairperson of the Committee shall preside at all meetings of the Committee and in the absence of the Chairperson the members of the Committee present may elect a person from among their number to preside at that meeting.

   (4) The quorum at meetings of the Committee shall be five members but subject to the requirement of a quorum, the Committee may act notwithstanding any vacancy at the meeting.

   (5) Subject to the provisions of this section, the Committee shall have power to regulate its own proceedings and may make regulations governing its procedures.

   (6) The office of the Secretary of the Law Council shall provide a Secretary to the Committee who shall perform such functions as the Committee may assign to him or her.

   (7) In this section, "para-legal" means any person other than an advocate, whose occupation relates to the legal profession and requires knowledge or study of any aspect of the law.

PART IV
ENROLLMENT AND CERTIFICATION OF ADVOCATES.

7.   Roll of advocates.

   The registrar shall keep, in accordance with this Act, a roll of advocates.

8.   Admission and enrolment of advocates.

   (1) Subject to the provisions of this section, a person to whom this section applies, shall be eligible to have his or her name entered on the Roll.

   (2) Any person eligible to have his or her name entered on the Roll may make application to the Law Council, and the Law Council, if satisfied that the applicant is so eligible and is a fit and proper person to be an advocate, shall, unless cause to the contrary is shown to its satisfaction, direct the Registrar, on receipt of the prescribed fee, to enter the applicant's name on the Roll, and the Registrar shall comply with the direction.

   (3) The Secretary shall, within 14 days from the date of the making by the Council of a decision under subsection (2), notify the applicant of the decision made by the Law Council.

   (4) Any person aggrieved by the decision of the Law Council on enrolment, may, within 30 days from the notification of the decision of the Law Council, apply to the High Court for a review.

   (5) The review of the decision shall be heard by a panel of three Judges.

   (6) The High Court may, upon a review under this section, confirm or reverse or vary the decision of the Law Council and make such other orders as the Court may think fit.

   (7) Every application under this section shall be made and advertised in such manner as may be prescribed by regulations made by the Law Council.

   (8) This section applies to a person who—

   (a)   is the holder of a degree in law granted by a university in Uganda; or

   (b)   is a Uganda citizen and—

      (i)   a holder of a degree in law obtained from a university or other institution recognised by the Law Council in a country operating the common law system; or

      (ii)   has been enrolled as a legal practitioner by whatever name called, in any country operating the common law system and designated by the Law Council by regulations; or

      (iii)   holds a qualification that would qualify him or her to be enrolled in any country operating the common law system and designated by the Law Council by regulations.

   (9) In the case of a person to whom subsection (8) applies being a person who has not practised for a minimum period of one year, that person shall not be eligible to have his or her name entered on the Roll unless he or she has complied with such requirements, whether relating to instruction, examination or otherwise, as to the acquisition of professional skill and experience, as may be specified in regulations made by the Law Council.

   (10) In the case of a person to whom paragraph (b)(ii) of subsection (8) of this section applies, being a person who has practised as a legal practitioner for one year or more, but less than five years, that person is not eligible for enrolment under this section unless he or she works under the surveillance of and in chambers approved by the Law Council for that purpose or he or she serves as a State Attorney for at least one year.

   (11) In the case of a person to whom paragraph (b)(ii) of subsection (8) applies, being a person who has practised as a legal practitioner for five years or more, that person may be enrolled without having to work in chambers approved by the Law Council for that purpose or serving as a State Attorney.

   (12) The fee mentioned in subsection (2) of this section shall be prescribed by the Attorney General by statutory instrument.

   (13) Notwithstanding subsection (1), the Law Council may make regulations under which a person to whom this section applies, other than a person referred to in subsection (8)(a), (10) or (11), may be required to undergo courses of study in such subjects relevant to the law in force in Uganda as may be specified in the regulations and to satisfy examiners in those subjects.

9.   Precedence.

   (1) The Attorney General, the Solicitor General, the Director of Public Prosecutions and the chairperson of the Uganda Law Society, shall, in that order, take precedence over all other advocates, including advocates granted a special rank.

   (2) Advocates who are granted a special rank in accordance with regulations made under section 77(1) (f) shall take precedence over all other advocates, and, inter se, according to the date on which they are granted the special rank.

   (3) All other advocates shall take precedence thereafter, inter se, according to the date on which their names are entered upon the roll.

10.   Removal of name from roll on application of advocate.

   (1) Any advocate against whom no disciplinary or criminal proceedings are pending or taking place may apply to the registrar for his or her name to be removed from the roll, and the registrar shall thereupon remove the advocate's name from the roll.

   (2) Notwithstanding subsection (1), the registrar, with the approval of the Chief Justice, may remove the name of an advocate from the roll on that advocate's application although criminal proceedings are pending or taking place against that advocate, if he or she is satisfied that the proceedings are of such a nature that if the advocate is convicted, his or her conviction will not involve professional misconduct.

11.   Issue of practising certificates and right to practise.

   (1) The registrar shall issue a practising certificate to every advocate whose name is on the roll and who applies for such a certificate on such form and on payment of such fee as the Law Council may, by regulations, prescribe; and different fees may be prescribed for different categories of advocates.

   (2) A practising certificate shall be valid until the 31st"> day of December next after its issue, and it shall be renewable on application being made on such form and on payment of such fee as the Law Council may, by regulations, prescribe; and different fees may be prescribed for different categories of advocates.

   (3) Subject to any regulations made under subsection (4), or under section 77(1)(f), every advocate who has in force a practising certificate may practise as such in the High Court or in any court subordinate to the High Court.

   (4) The Law Council may by regulations prescribe that for a specified period of time after enrollment an advocate shall have a right of audience only before such courts as may be designated.

   (5) Any advocate who contravenes or fails to comply with any of the provisions of regulations made under subsection (4) commits an offence.

   (6) Notwithstanding anything in this Act, regulations m

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