FACULTY OF LAW
LEGAL METHODS DISCUSSION QUESTION
LECTURER: DR. CHARLOTTE KABASEKE
YEAR OF STUDY: 1.2
DISCUSSANTS:
KITIBWA DAPHINE 2024/A/KBL/3967/F
AYEBARE PATIENCE RITAH 2024/A/KBL/1105/F
QUESTIONS;
(Discussed by Ayebare Patience Ritah)
(a) Ayebazibwe and Kitinisa are advocates of the High Court of Uganda. They have
been working in a Law firm for 5 years now. They desire to start their own law firm.
Citing legal authorities, advise them on how they can realise their dream.
Ayebazibwe and kitinisa should follow the following steps to set up a law firm;
Brief facts,
Ayebazibwe and kitinisa are advocates of the high court and have been working in a law
firm for five years. They have a desire to start their own law firm.
Issues
I. Whether Ayebazibwe and kitinisa's law firm is to operate as a company?
II. Whether Ayebazibwe and kitinisa are eligible to start up a law firm?
Law applicable
Advocates Act, Cap 295
The Advocates (Inspection and Approval of Chambers) Regulations, 2005
Resolution
1. Whether Ayebazibwe and kitinisa's law firm is to operate as a company?
If the law firm is to operate as a company, it must be registered with the Ugandan
Registration Services Bureau (URSB) which involves;
Choosing a unique company name, submitting a memorandum and articles of association
and providing details of directors and shareholders.
2. Whether Ayebazibwe and kitinisa are eligible to set up their own law firm?
Ayebazibwe and kitinisa will have to apply to the law council for approval under
regulation 6 of the Advocates (Inspection and approval of chambers) Regulations, 2005.1
A firm of advocates whose chambers have been approved shall be with a certificate of
approval of chambers which shall remain valid for one year.
The application should include;
The proposed name of the firm
The physical address of the firm
Details of the Advocates who will practice on the firm
Payment of the prescribed application fees as provided for under regulation 8 of
the Advocates (Inspection and approval of chambers) Regulations, 20052
Regulation 5 of the Advocates (Inspection and approval of chambers)
Regulations, 2005 provides for requirements to be met before approval.3 Which
include;
A suitable desk for an advocate
A separate room for each advocate and another for a clerk, secretary and cashier
A secretarial desk and computer or typewriter
A reception with chairs and benches for the clients
A bookshelf
A chest of drawers or a filing cabinet
A reasonable collection of reference law books including a full set of the Revised
Laws of Uganda 2000
Access to a toilet and sanitary facilities
Books of accounts
1
Advocates (Inspection and approval of chambers) Regulations, 2005
2
Ibid 1
3
Ibid
If successfully approved, Ayebazibwe and kitinisa shall be issued with the certificate of
approval of chambers under regulation 6 of the Advocates (Inspection and approval of
chambers) Regulations, 2005.
(Discussed by Kitibwa Daphne.)
(b) Wambu on the other hand, is a Ugandan who obtained her post graduate diploma in legal practice
from Kenya. She has been working in Kenya for the past two years but she would like to come back
home and practice law from here in Uganda.
Advise Wambu on how her dream can come to fruition. Cite legal authorities.
Brief facts
Wambu is a Uganda who obtained her postgraduate diploma in legal practice from Kenya and has
been working there for the past two years but she would like to come back and practice law in in
Uganda.
Issues
Whether wambu can successfully practice law in Uganda
Law applicable
The Advocates Act Cap 295
The Advocates (Professional Requirements for Admission of Persons Enrolled in Foreign Jurisdictions)
Regulations, 2022
Advocates (enrollment and certificate regulations)
Case law
Resolution of the issues
Issue 1, whether Wambu can successfully practice law in Uganda.
Both Kenya and Uganda are common law jurisdictions and members of the East African community
which influences cross-border legal practice through mutual recognition agreements and domestic laws.
In the case of Uganda law society v Attorney general4, the law council’s authority to regulate foreign
trained lawyers under the Advocates Act to practice in Uganda was discussed and court held that foreign
qualifications must be scrutinized for equivalence and additional training for example, the core courses
or bar exams must be mandated.
According to the facts above, Wambu must follow the following procedures in order for her to start
practicing law in Uganda
4
Constitutional petition No. 07 of 2004
She must submit the academic and professional credentials for example a degree obtained in law
from a university or other institution recognized by the Kenyan law council to the Uganda law council
under5
She should also submit qualifications that qualified her to enroll in Kenya and certified copies of
certificates as evidence of the qualifications obtained to the Uganda law council6
Wambu should also undertake a post call professional training course and sit examinations at an
institution accredited by the council 7in order to be approved to start practicing law in Uganda.
The subjects that she should study include; land transaction, family law practice, criminal proceedings,
corporate and commercial practice, civil litigation, tax practice, trial advocacy legal writing, professional
conduct, managing skills and accounting8 only if she didn’t not study them while doing her course in
Kenya.
She should also apply to undertake clerkship (internship)in accordance with the rules governing the
postgraduate bar course and when Wambu successfully completes a postgraduate diploma training
course and the clerkship, she will be awarded a post call diploma in legal practice.
After being awarded a post call diploma in legal practice, then Wambu will qualify to have her name
entered on the roll and she should apply for enrollment as an advocate to the of the chief justice of
Uganda on being notified by the registrar and she will later be notified on the decision of the chief justice
in respect of the application by the registrar9.
When Wambu is denied the practicing certificate after fulfilling the above requirements, she can file a
suite in the court against the decision of the law council relying on the decision in the case of Katungi
Tony v Attorney general10 were the applicant was a Kenyan advocate who had fulfilled of the
requirements required for him to practice law in Uganda and denied the approval of practice by the law
council he filed a suite and argued that the law council’s decision to subject him to an additional year of
supervised practice was unlawful and the respondent argued that the applicant was required to work
under surveillance in a designated chamber for one more as per their statutory mandate. The court
ruled that the law council’s decision against the applicant was unlawful and the learned justices ordered
them that they should work to facilitate enrollment of lawyers on the roll of Advocates and not impede
such enrollment unnecessarily.
In conclusion therefore, I advise Wambu that her dream of practicing law in Uganda can come true if she
fulfills all the above requirements and submit them to the law council for and she will be issued a
practicing certificate according to regulation 12 of the Advocates (enrollment and certificate regulations)
REFERENCES
5
Regulation 3 of the Advocates (professional requirements for Admission of persons Enrolled in foreign jurisdiction)
Regulations 2022
6
Ibid regulation 3b
7
ibid
8
Schedule 2 of the Advocates Act Cap 295
9
Regulation 10 of the Advocates (enrollment and certificate regulations)
10
Katungi Tony v Attorney general (miscellaneous cause No. 240 of 2017)
The Advocates Act Cap 295
The Advocates (professional requirements for Admission of persons enrolled in foreign jurisdiction)
Regulations 2022
The Advocates (Inspection and Approval of Chambers) regulations, 2005
The Advocates (enrollment and certificate regulations)
Katungi Tony v Attorney general (miscellaneous cause No. 240 of 2017)
Uganda law society v Attorney general (constitutional petition No. 07 of 2004)
