Duties of the Ugandan Advocate

An advocate owes duties to clients, courts, opposing counsel, opposing parties, and the wider
community/nation. Along with those external duties, the advocate owes a duty to
himself/herself.
Duty to the client (Advocate –Client Relationship)
A client is defined as 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.1
Clients are both the source of financial remuneration in private practice and the primary
source of ethics complaints. Properly managed client relationships are crucial to success in
legal practice. Though it is the position that an advocate owes a greater duty to the courts of
law, advocates should remember that their clients’ needs and perceptions are central to the
legal practice. Subsequently, it is vital that legal practitioners adopt a Client Centred
Approach. This approach and the duty to court though mutually exclusive, they re-enforce
one another. That is to say, in handling clients’ cases, lawyers have to act with
professionalism and integrity. Lawyers are duty bound to explain the law and the nature of
their work to their clients and prospective clients. The nature of a lawyers work entails the
duty owed to the courts of law which is superior to the requests or interests of the client.
Client Centred Approach
Client centeredness is a concept that applies to the broader client experience. It includes
client communication, client billing, client courtesy, strategic advising and many other
attributes beyond mere representation.
Advantages of the aforementioned approach;
1. First, it enables the advocate to consider legal problems from the client’s point of
view.
2. Second, the approach ensures that the advocate makes a thorough exploration of
options with the client. This brainstorming aspect of the client centred approach can
generate additional options and strategies.
3. Third, the approach helps advocates represent clients in a way that respects and
honours the values and beliefs of the client.
4. Fourth, the approach takes relevant non-legal aspects, such as the emotional impact of
a case on the client into consideration.
5. Fifth, use of the approach helps the advocate to convey empathy and a desire to help
the client.
6. Sixth, client centeredness improves communication between counsel and the client
because it entails more interaction and client feedback.
Client Centeredness and Legal Strategy

1
The Advocates Act Cap 257 as amended 2002,

1|Page
One of the most important aspects of a client centred approach is the methodology for
developing and choosing a legal strategy. A client centred practitioner is careful to create and
adopt legal strategies that align with the needs and desires of the client. Often this means
taking a course that will be less profitable to the advocate. In order to develop a client
centred legal strategy, the advocate must take the time to get to know the client. The advocate
must know what is important to the client and what the client would like to accomplish
through any legal action or defence.
An advocate has a duty of good governance towards his or her client. This duty entails;
1. A duty to communicate with their clients. Regulation 2(2) of the Advocates
(Professional Conduct) Regulations provides in part that an advocate “shall conduct
business on behalf of clients with due diligence, including, in particular, the
answering of correspondence dealing with the affairs of his or her clients.” Effective
communication goes beyond meeting ethical requirements. Advocates should use
communication to build a relationship of trust with their clients. Regular written
correspondence conveys an advocate’s interest in a client’s matter. The duty to
communicate includes the duty to listen. An advocate should provide the client with
an adequate opportunity to provide relevant information, direction and feedback.
Often times a client will not know what information is relevant or irrelevant to a
particular matter. It is important for the advocate to create an atmosphere where the
client is encouraged to speak freely and openly.
2. Duty to conduct his or her work in a timely manner. Regulation 2(2) of the
Advocates (Professional Conduct) Regulations provides in part that “an advocate shall
not unreasonably delay the carrying out of instructions received from his or her
clients.” This provision is straightforward enough. Nonetheless unreasonable delays
in legal practice remain commonplace.
3. Court Appearances: Where the advocate takes on a matter, he or she is required to
appear before the courts of law on behalf of the client and if not possible, he or she
should instruct his or her partner or associate to do so. Failure to appear amounts to
professional negligence. Where a client’s case is dismissed or costs are awarded due
to negligence of the advocate, the advocate faces personal liability.
4. Documental management: The practice of law entails extensive record keeping.
Clients entrust advocates with important papers and documents. Clients rely on their
advocates to manage client legal files in a secure and orderly manner. The poor
physical management of files is a “red flag” to clients. The failure of an advocate to
locate a client’s document can shake a client’s confidence. An office strewn with
dishevelled legal files can scare clients away. Advocates should develop a file
management system to ensure orderly record keeping. Advocates should follow their
system consistently.
Equally, advocates have the duty to provide good representation to their clients. This duty
entails:
1. Advise clients appropriately. The advice given should be wise and well-reasoned.
Good counsel should be wise, well-reasoned and given with the best interests of the
client in mind. Regulation 12 of the Advocates (Professional Conduct) Regulations
requires advocates to advise clients in the clients’ best interests. Regulation 12

2|Page
 prohibits advocates from knowingly or recklessly encouraging clients “to enter into,
oppose or continue any litigation, matter or other transaction in respect of which a
reasonable advocate would advise that to do so would not be in the best interests of
the client or would be an abuse of court process.” The advocate’s judgment must not
be clouded by self-interest or the concerns of other interested parties. Regulation 26 of
the Advocates (Professional Conduct) Regulations addresses the issue of self-interest
in one context by proscribing advocates from entering into contingent fee agreements.
It provides that “an advocate shall not enter into any agreement for the sharing of a
proportion of the proceeds of a judgment whether by way of percentage or otherwise
either as (a) part of the entire amount of his or her professional fees; or (b) in
consideration of advancing to a client funds for disbursements.
2. An advocate owes the client the duty of diligence. Diligence is defined as “careful
and persistent work or effort.”83 The duty of diligence entails the adequate dedication
of time and effort to a matter. Diligent counsel is prepared at every stage of a matter.
Diligent counsel takes the steps necessary to become well versed with the facts and
law relevant to any matter that counsel is handling. The duty of diligence is enshrined
within the Advocates (Professional Conduct) Regulations. Regulation 2(2) provides
that “an advocate shall not unreasonably delay the carrying out of instructions
received from his or her clients and shall conduct business on behalf of clients with
due diligence, including, in particular, the answering of correspondence dealing with
the affairs of his or her clients.” This provision indicates that the duty of diligence
includes an aspect of timely action in managing the affairs of a client. Regulation 12
is entitled “Duty of Advocates to Advise Clients Diligently.”
3. Expertise; advocates in Uganda are expected to have the relevant expertise for good
client representation. This entails the education requirements acquisition of Bachelor
of laws degree and a Diploma in Legal Practice. However, these qualifications alone
do not necessarily guarantee that the lawyer will handle a given manner as required.
Many lawyers tend to take up cases, they know they do not have the qualifications
for. As such, cases are often compromised.
4. Respect; Respect can be a sensitive matter in advocate-client relationships. In many
contexts an advocate may lose personal respect for a client as a result of the bad acts a
client might have committed. Even then, however, the advocate must continue to
respect the client as a person.
5. Courtesy; one of the most basic duties that we owe each other is courtesy. This duty
extends to the advocate-client relationship.
6. Propriety; the duty of propriety concerns how the wider community will perceive
one’s actions. In the context of legal practice, it is important for advocates to comport
themselves in a matter that will be seen as above reproach. The requirement of
propriety applies to the advocate-client relationship in many ways. Regulation 30 of
the Advocates (Professional Conduct) Regulations provides that “(a) n advocate shall
not engage in a trade or profession, either solely or with any other person, which in
the opinion of the Law Council is unbecoming of the dignity of the legal profession.”
This prohibition is clearly directed towards the duty of propriety.
7. Truthfulness; Advocates owe their clients a duty of truthfulness. Advocates should
not mislead or misadvise clients. The client has the right to put special trust in the
client’s advocate. This trust should not be abused though false representations.

3|Page
 8. Conflicts of Interest; Advocates represent the interests of their clients. Advocates
must avoid scenarios where they represent clients with conflicting interests.
Regulation 10 entitled “Advocates fiduciary relationship with clients” provides that
an advocate shall not use his or her fiduciary relationship with his or her clients to
his or her personal advantage and shall disclose to those clients any personal interest
that he or she may have in transactions being conducted on behalf of those clients.”
Regulation 4 of the Advocates (Professional Conduct) Regulations provides that “an
advocate shall not accept instructions from any person in respect of a contentious or
non-contentious matter if the matter involves a former client and the advocate as a
result of acting for the former client is aware of any facts which may be prejudicial to
the client in the matter. However, the legal environment in Uganda has be criticised
by some scholars for a lack of laws that seek address the issue of conflict of interest in
case it arises. What scholars do recommend is withdraw by an advocate from a case
scenario that leads to conflict of interest.
9. Advocates are prohibited from acting for any person unless they have been duly
instructed either by the client or by an agent of the client.2
10. Touting or advertising themselves to potential clients.
11. Termination of the Client- Advocate relationship. When can an advocate withdraw
from a case? Previously covered.
Duties to the Court
The Advocates Act provides that every 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.3 When representing clients, two principles apply these are:
1. The Advocate is an Officer of the Court and,
2. Secondly the Advocate is not a party to the dispute.
These principles inform several specific duties owed to the court. These duties include:
1. The duty not to submit or aid the submission of false evidence in court:
Advocates shall not include in any affidavit, any matter which they know or have
reason to believe to be false.58 In addition, where an advocate becomes aware that
any person, has before the court, sworn a false affidavit, or given false evidence, he or
she shall inform the court of his or her discovery.59
2. To advise the court on matters within his or her special knowledge: Advocates
are under duty not to allow a court to be misled by remaining silent about a matter,
which if made to court would affect the proceedings, decision or judgment. In
addition, if an irregularity comes to the knowledge of the advocate during or after the
hearing of a case but before verdict or judgment has been given, the advocate shall
inform the court of the irregularity without delay.60
3. The duty not to interfere with the due process of court: This duty has several
components including a duty not to hinder, intimidate or otherwise induce a witness
whom the advocate knows has been or is likely to be called by opposite party with a
view to departing from the truth or abstaining from giving evidence.61 Advocates are
also prohibited from coaching witnesses.62 In addition, advocates are prohibited from
2
The Advocates (Professional Conduct) Regulations, SI 267-2, regulation 2 (1),
3
The Advocates (Professional Conduct) Regulations, SI 257-2, regulation 15,

4|Page
 making announcements or comments with respect to any pending, anticipated or
current litigation.63 It is vital that lawyers explain their supreme duty to the court to
their clients before trial commences. This will help defuse the misconception that
lawyers are liars and help the clients better understand the proceedings of court.
Duties to opposing counsel
The Advocates (Professional Conduct) Regulations do not contain any specific duties that
advocates owe to opposing counsel. However, in the course of dealing with opposing
counsel, advocates are expected to act professionally, particularly in the following
circumstances:
1. Communication; when communicating with the opposite counsel, it is important for
the advocate to behave in a professional matter and refrain from using disparaging
language towards the opposing counsel.
2. The Discovery process: One area where counsel must work together in a cordial and
professional manner is in the discovery process. The discovery process is the stage in
a case where parties exchange documents and information about a case. Discovery is
an area where advocates must work together and resolve disputes outside of the
courtroom. Discovery matters also focus on sensitive information and often place
advocates in positions where they are asked to produce documents or information that
their clients do not want to share. Therefore, the discovery phase is an area where the
demands of professionalism and cordiality are high.
3. In court: An advocate should not be blinded by the design to attain success for their
clients. As such, the advocate should refrain from using dishonest methods to win a
case, such as withholding critical information, misleading and intimidating witnesses
and refusing to serve court documents to opposing party. Where the advocate has
information to the effect that the opposing counsel is acting in a fraudulent manner, he
or she should bring the matter to the attention of the law council. However, an
advocate has no duty to assist the opposing counsel.
Advocates have the responsibility to sensitise the public on the conduct of cases which
includes the duty to the opposing counsel and to the courts of law and on the law governing
the land to dispel some misconceptions about the law. Consequently, public confidence in the
judicial system will be enhanced and myths such as lawyers are lies will be abridged,
misconception of the law on bond and bail, interactions with opposing counsel amounting to
sabotage will be curtailed.
Advocates must make a concerted and consistent effort to explain the nature of the profession
and their services to their clients. In all circumstances, advocates should ensure that justice is
seen to be done. In the case of Swinfen v Lord Chelmsford,4 it was stated that the duty
undertaken by an advocate is one in which the client, the court and the public have an
interest because the due and proper and orderly administration of justice is a matter of vital
public concern.
National Objective XXIX of the Constitution of Uganda provides that every citizen of
Uganda has a duty to inter alia 1) to be patriotic and loyal to Uganda and to promote its well-
being; (2) to engage in gainful work for the good of that citizen, the family and the common
4
[1967] 3 All E.R. 993

5|Page
good and to contribute to national development; (3) to contribute to the well-being of the
community where that citizen lives; and (4) to promote democracy and the rule of law. 5
Moreover, Article 17 of the Constitution provides in part that it is the duty of every citizen of
Uganda to “cooperate with lawful agencies in the maintenance of law and order” and “to
combat corruption and misuse or wastage of public property.” 6 These Constitutional duties
apply to practicing advocates as well as all other citizens of Uganda. For advocates who take
these duties seriously, the practice of law is a great opportunity to contribute to Uganda as
citizens.
Case scenario on the hierarchy of duties owed by the advocate
James has been charged with the murder of his wife. The key witness is his wife’s sister who
was living with them. James confesses to his advocate that he committed the crime but says
he has found a doctor who will testify that his wife was mentally unstable and was considered
a danger to herself and to those around her. In addition, he tells his advocate that his relatives
have smuggled the key witness to a neighbouring country so that she does not testify.
Questions:
1. What are the advocate's duties in these circumstances?
2. Do advocates' duties to their clients prevail over duties to the court?
In Common Wealth jurisdictions, to which Uganda is a party, the duty owed to the court by
the advocate supersedes the duty owed to the client. This was clearly stated by Lord Denning
stated in Rondel v. Worsley:7 The advocate has a duty to the court which is paramount. It is
a mistake to suppose that he is the mouthpiece of his client to say what he wants: or his tool
to do what he directs. He is none of these things. He owes allegiance to a higher cause. It is
the cause of truth and justice. He must not consciously misstate the facts. He must not
knowingly conceal the truth…He must produce all the relevant authorities, even those that
are against him. He must see that his client discloses, if ordered, the relevant documents,
even those that are fatal to his case. He must disregard the most specific instructions of his
client, if they conflict with his duty to the court. The code which requires a barrister to do all
this is not a code of law. It is a code of honour. If he breaks it, he is offending against the
rules of the profession and is subject to its discipline.
The above quote by Lord Denning can be inferred from the Regulations 16 and 17 of the
Advocates (Professional Conduct) Regulations, SI 257-2.

Confidentiality and Privilege in the Ugandan Legal Profession

Professionally, lawyers are required to live by a code of silence and discretion - their duty of
confidentiality. Lord Bruogham LC in Greenoughvs Gaskell stated that ‘A lawyer has an
ethical duty to hold in strict confidence all information concerning business and the affairs of
his client acquired in the course of the professional relationship. An advocate may not

5
The 1995 Constitution of the Republic of Uganda, National Objectives and Directive Principles of State Policy
XXIX
6
The 1995 Constitution of the Republic of Uganda, Article 17 (f) and (i),
7
[1966] 3 W.L.R. 950 at 962-63

6|Page
divulge such information unless disclosure is expressly or impliedly authorised by the client
or required by law or if confidentiality is affirmatively waived by the client.’8
Regulation 7 provides for non-disclosure of client’s information. It states that;
‘An advocate shall not disclose or divulge any information obtained or acquired as a result
of his or her acting on behalf of a client except where this becomes necessary in the conduct
of the affairs of that client, or otherwise required by law.’
This duty of non-disclosure is fiduciary in nature and extends even after the conclusion of the
case. Larb (U) Limited & others vs. Greenland Bank (Liquidation) & Anor High Court,
Miscellaneous Application No. 420 of 2010 (Uganda) citing King Woolen Mills Ltd and
another v Kaplan and Straton Advocates [1990–1994] 1 EA 244 (Kenya).
However, the duty has exceptions to it. Firstly is where it becomes necessary in the conduct
of the affairs of that client and secondly as required by law. These are instances that have
been considered as necessitating disclosure. These include;
1) When the client is misleading the court; reference to Uganda, Regulation 16 of the
Advocates (Professional Conduct) Regulations provides that “[i]f any advocate
becomes aware that any person has, before the court, sworn a false affidavit or given
false evidence, he or she shall inform the court of his or her discovery.”
2) Where there is an instance of criminal conduct that requires compulsory criminal
disclosure based on legislative decree;
3) Where the client is attempting to use legal advice to accomplish a criminal or
fraudulent act; another widely held basis of waiver of the advocate-client privilege is
where the client is using legal advice or services to further a criminal or fraudulent
enterprise. In the British case of R vs. Cox and Railton9 Stephen J cautioned that the
attorney-client privilege cannot be used to protect criminal communications. He
asserts that communication in furtherance of a criminal purpose did not come within
the ordinary scope of professional employment. In Uganda this exception is provided
for under Section 125 of the Evidence Act 10, which allows for the disclosure of
otherwise privileged advocate-client communications and material when there is a
communication made for an illegal purpose or when the advocate observes a fact
showing that a crime or fraud has been committed by the client after representation
has begun.
4) When the client sues the advocate or otherwise seeks to impugn the character or
professional status of the advocate; an advocate has the right to defend themselves
against allegations arising from a client-advocate relationship. This exception to
advocate-client confidentiality springs from the due process rights of the advocate.
Certainly if a client chooses to sue or prosecute an advocate for alleged wrongdoing in
that advocate’s representation of the client, the advocate should be permitted to a
defence. This defence must reasonably include the right to present evidence
concerning and arising out of the advocate-client relationship that serves as the
factual basis of the client’s claim. Notably this exception is not expressly found in the
Advocates (Professional Conduct) Regulations or in the Evidence Act. However, a
8
(1833) 1 MY & K 618,620.
9
(1884) 14 QBD 153 at pg.167.
10
The Evidence Act Cap 6, Laws of Uganda,

7|Page
 fair and expansive reading of Section 125 and 128 of the Evidence Act could be
deemed to allow the Court to permit advocate testimony on otherwise confidential
advocate-client matters when the client proffers information regarding the conduct of
the advocate during the course of the advocate-client relationship. The Court could
deem such a proffer as amounting to a waiver of the advocate’s duty of non-disclosure
under Section 125 and as a waiver of the client’s privilege under Section 128.
5) When the client waives confidentiality; Since the privilege belongs to the client, no
rule prohibits him/her from divulging his own secrets; and if the client has voluntarily
waived the privilege, it cannot be insisted on to close the mouth of the advocate.
However, in most instances advocates should err on the side of presuming that
confidentiality has not been waived.
6) Where the advocate is required to make disclosures by court order. Some of these
grounds for waiver have clearer support under the laws of Uganda than others.

Legal Privileges
Legal professional privileges include the advocate-client privilege, the litigation privilege, the
work product privilege, and the legal advice privilege. The advocate-client privilege largely
concerns communications between the advocate and client. The litigation privilege, the work
product privilege and the legal advice privilege tend to concern the legal work, investigatory
work and strategy of the advocate. The advocate-client privilege is a key doctrine of legal
practice. It protects the sensitive communications that take place between advocate and client.
Fundamental qualities universal to the application of legal privileges:
1) The privilege belongs to the client and the advocate does not have the power to waive
the privilege nor does the advocate have the power to stop the client from waiving the
privilege. Sections 125 and 128 of Uganda’s Evidence Act
2) The privilege applies to communications between clients and advocates. The work
product, research and the trial preparation work of counsel are not generally within
the scope of the advocate-client privilege. This element seems straightforward. In
order to have an advocate-client privilege there must be an advocate and a client.
3) Another basic requirement for communications protected by the advocate-client
privilege concerns the purpose and content. Typically the subject communication
must arise out of and concern efforts to seek legal advice in order to be protected by
the advocate-client privilege. This requirement is reflected in Section 125 of the
Evidence Act as well.
4) That the communication must have been made in confidence if it is to be entitled to
protection. In Uganda there is nothing in the law that specifically addresses this
element. However, the element is arguably encompassed in the waiver exception as
choosing to conduct communications with counsel in the public eye can amount to a
waiver of the privilege by conduct.

The Law that governs non-disclosure in Uganda can be found in the Evidence Act cap6.
Which stipulates under the relevant provisions that:

8|Page
Section 125. Professional communications. No advocate shall at any time be permitted,
unless with his or her client’s express consent, to disclose any communication made to him or
her in the course and for the purpose of his or her employment as an advocate by or on behalf
of his or her client, or to state the contents or condition of any document with which he or she
has become acquainted in the course and for the purpose of his or her professional
employment, or to disclose any advice given by him or her to his or her client in the course
and for the purpose of that employment; but nothing in this section shall protect from
disclosure— (a) any such communication made in furtherance of any illegal purpose; (b) any
fact observed by any advocate in the course of his or her employment as such, showing that
any crime or fraud has been committed since the commencement of his or her employment. It
is immaterial whether the attention of the advocate was or was not directed to that fact by or
on behalf of his or her client.
Explanation.—the obligation stated in this section continues after the employment has
ceased.
This section prohibits an advocate from disclosing any of three categories of information:
1) Communications from the client made for the purpose of and in the course of the
advocate’s employment;
2) Information pertaining to documents that the advocate has become familiar with
as a result of the representation; and
3) The substance of any legal advice given to the client during employment.
The section creates three exceptions to the duty of nondisclosure:
1) Client waiver;
2) Communications made in furtherance of an illegal purpose; and
3) Factual observations of criminal or fraudulent actions occurring during the advocate’s
employment.
Section 125 clarifies that it does not matter if the client is the one that alerts the advocate to
the information and that the obligation of nondisclosure continues after the termination of the
advocate-client relationship.
Section 126. Section 125 to apply to interpreters, etc. Section 125 shall apply to interpreters,
and the clerks or servants of advocates.
Section 127. Privilege not waived by volunteering evidence. If any party to a suit gives
evidence in the suit at his or her own instance or otherwise, he or she shall not be deemed to
have consented thereby to such disclosure as is mentioned in section 125; and, if any party to
a suit or proceeding calls any such advocate as a witness, he or she shall be deemed to have
consented to such disclosure only if he or she questions the advocate on matters which, but
for that question, he or she would not be at liberty to disclose.
Section 128. Confidential communications with legal advisers. No one shall be compelled
to disclose to the court any confidential communication which has taken place between
him or her and his or her legal professional adviser, unless he or she offers himself or
herself as a witness, in which case he or she may be compelled to disclose any such
communications as may appear to the court necessary to be known in order to explain any
evidence which he or she has given, but no other.

9|Page