Advocates Act

Defines key terms used in the Act (for example: "advocate", "client", "contentious business", "legal practice", "practising certificate", and others).

Establishes a Law Council, lists its members, sets three-year terms (re-appointment allowed) for non-ex officio members, lists grounds for vacancy, and requires the Attorney General to act on medical-board advice when deciding incapacity.

The Law Council shall perform functions including supervising legal education, advising government on the advocates' profession, disciplining advocates and their clerks through a Disciplinary Committee, supervising legal aid to indigent persons, and exercising powers or duties authorised by this or any other written law.

The Law Council and the committees established under this Act may charge fees in performing their functions; such fees include application, practising-certificate and committee expenses, and expenses of the Law Council and committees are to be paid from money provided by Parliament.

Sets meeting arrangements: the Chairperson determines times/places and must preside when present; the Law Council has quorum rules, voting by majority, may appoint a chair for a meeting in the Chairperson's absence, and may regulate its proceedings including making standing orders.

Members of the Law Council and specified committees are entitled to be paid remuneration and allowances at rates determined by the Minister responsible for public service after consultation with the Minister responsible for finance.

There is a Secretary to the Law Council whose office is a public office; expenses of the Law Council are to be paid from money provided by Parliament.

Sets functions, meeting rules and internal procedure powers for the Committee overseeing professional legal education; defines "paralegal"; sets Chairperson duties and quorum.

Establishes the Committee on Legal Education and Training to supervise professional legal education for the Law Council.

The Committee shall consist of specified representatives and office-holders.

Qualified persons to whom the section applies may act as advocates in relation to their office duties but are not subject to the Act unless Law Council regulations provide otherwise.

The Law Council may make regulations on many matters concerning advocates (including client safeguarding, remuneration for non-contentious business, professional conduct, accounts, fees, dress, legal aid, and training of legal assistants); an advocate who contravenes such regulations shall be guilty of unprofessional conduct.

When no indictment is filed, offences under this Act must be tried by a magistrate’s court presided over by a chief magistrate or a magistrate grade I.

Anyone who commits an offence under this Act for which no penalty is provided is liable on conviction to a fine not exceeding twenty currency points, or to imprisonment for a term not exceeding six months, or both.

The taxing officer for taxation of bills under this Act must be a Registrar or Deputy Registrar of the High Court (or, if absent, another officer appointed by the Chief Justice); but for taxation of party-and-party costs from contentious business in a subordinate court the taxing officer must be a chief magistrate or magistrate grade I with local jurisdiction.

Any agreement term that says an advocate is not liable for negligence or relieved of responsibility is void.

The Minister may amend Schedule 1 to this Act by statutory instrument with the approval of Cabinet.

The Act does not prejudice or affect provisions in other written laws that empower (including persons who are not advocates) or prohibit persons or classes of persons from conducting, defending or otherwise acting in relation to proceedings.

The Registrar must keep a Roll of Advocates in accordance with this Act.

Sets eligibility and enrolment procedure for advocates: the Law Council may direct enrolment on the Roll if an applicant is eligible and fit; the Registrar must enter the name; the Secretary must notify within 14 days; aggrieved persons may apply to the High Court within 30 days; the High Court may vary decisions; the Attorney General prescribes the fee.

Certain named offices and classes of advocates must take precedence over other advocates, with ordering rules for special ranks and entry on the Roll.

An advocate may apply to the Registrar to have their name removed from the Roll when no disciplinary or criminal proceedings are pending, and the Registrar must remove the name; the Registrar (with the Chief Justice's approval) may remove a name on application even if criminal proceedings are pending if satisfied that a conviction would not amount to professional misconduct.

The Registrar must issue and may renew practising certificates to advocates on application and payment of fees prescribed by the Law Council; practising certificates are valid until 31 December next after issue and allow holders to practise in the High Court and subordinate courts subject to regulations.

The Registrar must refuse to issue or renew an advocate's practising certificate in specified circumstances (e.g. being proceeded against, bankruptcy, mental illness, unpaid fines or subscriptions, serving on certain government contracts, conviction for certain offences, employment by a public body without permission, lacking approved chambers); the Disciplinary Committee may suspend certificates where there is a prima facie case involving gross moral turpitude; an aggrieved advocate may appeal to the Chief Justice.

The Law Council may admit a foreign common-law legal practitioner to practise for a particular case if the person obtains a special practising certificate; on payment of the prescribed fee the Registrar shall issue that certificate; an admitted person may appear in that case when instructed and appearing with an advocate holding a valid practising certificate or a person mentioned in section 11.

Advocates must return their practising certificate to the Registrar if their name is struck off or their right to practise is suspended; the Registrar retains suspended certificates; the official receiver must notify the Registrar of bankruptcy adjudications which suspend practising certificates; the Law Council may terminate suspensions; the Chief Justice may make rules for petitions; failure to return a certificate is an offence punishable by a fine not exceeding ten currency points per day.

Practising as an advocate without a valid practising certificate (or while it is suspended or cancelled) is an offence; false statements to secure entry on the Roll or a practising certificate are offences punishable by fine or imprisonment.

If an advocate is lawfully denied audience or lacks a valid practising certificate, clients are protected: their proceedings or documents are not invalidated, they may be allowed time to obtain another advocate, advocates practicing without a valid certificate commit professional misconduct, the Law Council or any person may complain, and clients are entitled to a refund of fees and compensation for costs or loss.

Advocates and those entitled to act as advocates must be officers of the High Court and are subject to the jurisdiction of the High Court and, subject to this Act, to the Disciplinary Committee.

Every advocate must provide pro bono legal services when required by the Law Council or pay a prescribed fee; failure leads the Law Council to refuse issuance or renewal of a practising certificate.

Courts retain their jurisdiction to deal with misconduct or offences by an advocate or a person entitled to act as such in proceedings before the court.

Establishes a Disciplinary Committee, specifies its membership, appointment and temporary replacement rules, quorum, decision-making by majority, tenure while a Law Council member, secretary provision and provision of prosecuting counsel.

The Disciplinary Committee has powers to administer oaths, summon witnesses and documents, appoint or instruct advocates, interview and correspond with persons, and make procedure regulations; persons served with summonses must attend, answer and produce documents unless they have sufficient cause, failing which they commit an offence and face a fine not exceeding ten currency points; proceedings are deemed judicial and the Evidence Act generally does not apply except that witnesses retain Evidence Act privileges.

The Disciplinary Committee handles complaints against advocates: it may dismiss complaints that disclose no prima facie case; if misconduct is proven after hearing the complainant and advocate, it may order sanctions including admonishment, suspension (up to two years), striking off the Roll, fines (up to 250 currency points), and compensation; the secretary must refer complaints to the Committee and the Committee must give the advocate notice and documents at least seven days before the hearing.

After hearing a complaint, if the Disciplinary Committee orders suspension or striking off, it must notify the Registrar and the Law Council must publish and notify relevant authorities of the decision.

Provides appeal rights from Disciplinary Committee orders to the High Court, timelines for notice and filing, obligations on the High Court to set hearings and give notice, and rules on practising pending appeal.

Parties to an appeal may be represented by an advocate before the High Court; the Law Council has the right to appear by advocate to present Disciplinary Committee findings; the High Court must assign an advocate at State expense to an appealing complainant who cannot afford one, and that advocate may be paid up to an amount prescribed by the Attorney General in consultation with the Minister responsible for finance.

The High Court must, after hearing an appeal from the decision of the Disciplinary Committee, either refer the matter back with directions; or confirm, set aside or vary the Committee's order; or substitute such order as it thinks fit.

Powers given to the High Court by section 31 must be exercised by three judges; the majority decision on an appeal under section 29 is treated as the High Court's decision.

When the High Court has made an order under section 31, the Registrar must, within one week from the date of making the order, cause the order to be drawn up.

The Registrar must note final disciplinary orders on the Roll (and strike off when ordered) and must send certified copies of such final orders to specified law bodies and registrars, and to relevant foreign professional bodies when applicable.

An advocate suspended or struck off in a prescribed foreign country is treated as suspended or struck off in Uganda; the Registrar must note or remove the name on the Roll accordingly, and must restore the name on request if the foreign right is restored. "Prescribed country" is declared by the Attorney General by statutory order.

The Registrar must inform the Secretary of the Uganda Law Society about entries and removals on the Roll, and must publish in the Gazette notices of final orders suspending or striking off advocates.

An advocate cannot be struck off the Roll for defects in admission or enrolment unless the application to strike their name is made within twelve months after enrolment; the time limit does not apply where fraud is proved in connection with the admission or enrolment.

The Law Council may make regulations about petitions; the Disciplinary Committee may restore or revoke registration and make cost orders; advocates struck off or suspended may petition, but generally no order may be made within two years of striking off or suspension unless new material facts arise; refused petitioners may appeal to the High Court.

The Disciplinary Committee may order that, from a specified date, an advocate must not employ or remunerate certain clerks unless the Committee gives written permission; the secretary must file and notify orders; advocates may inspect the file during office hours without payment.

A person against whom the Disciplinary Committee made an order may appeal to the High Court by giving notice to the Registrar within fourteen days and must file a memorandum of grounds within thirty days; the High Court must set down the appeal for hearing and give at least twenty-one days' notice to the Law Council and the appellant.

Persons under an order from section 39 must not seek or accept employment or payment from an advocate; advocates must not knowingly act contrary to such orders or related permission conditions.

Reports and orders of the Disciplinary Committee must be signed by the committee's chairperson.

Civil or criminal proceedings do not prevent disciplinary proceedings under this Part, and disciplinary proceedings under this Part do not prevent civil or criminal proceedings or other remedies, when based on the same or substantially the same facts.

A person who, without lawful excuse, contravenes or fails to comply with an order, notice or direction of the Disciplinary Committee commits an offence; an advocate may additionally be liable to proceedings under section 27.

Members and past members of the Disciplinary Committee and its secretary are protected from being sued in civil court for acts or omissions done in good faith while performing powers or functions under this Act.

Every advocate must keep practice accounts in accordance with the Advocates Accounts Rules and the Advocates Trust Accounts Rules and must deal with client money in accordance with those rules.

The Law Council may, after consultation with the Uganda Law Society, amend the Advocates Accounts Rules and the Advocates Trust Accounts Rules by statutory instrument.

Expressions defined in the Advocates Accounts Rules (Schedule 2) and the Advocates Trust Accounts Rules (Schedule 3) take the meanings assigned to them in those rules.

Breaching the Advocates Accounts Rules or Advocates Trust Accounts Rules makes an advocate guilty of professional misconduct and an offence; the Disciplinary Committee may require production of account documents, must consider objections to appointments, and appointed persons have civil-court powers for evidence and witnesses.

Before instituting an inspection under section 49, the Disciplinary Committee may require any person (other than the Law Council) who initiates proceedings against an advocate to pay a reasonable sum fixed by the Law Council to cover inspection costs and the advocate's costs.

If an advocate is found guilty in disciplinary proceedings, the Disciplinary Committee may order the advocate to pay a fine not exceeding fifty currency points in addition to other disciplinary punishment or costs.

This provision prevents the Part and the Advocates Accounts Rules and Advocates Trust Accounts Rules from depriving an advocate of recourse or rights against money in a client or trust bank account.

Banks are not required to inquire into or be treated as having knowledge of rights to money paid or credited to advocates' client accounts, and such banks cannot seek recourse against client or trust account funds for advocate liabilities unrelated to those accounts.

An advocate and their client may agree on the advocate's remuneration for non‑contentious business; taxing officers must inquire and certify contested agreements to the court, which may cancel or reduce them.

An advocate (or their firm) who is the mortgagee is entitled to recover usual costs for work done in relation to the mortgage, and may charge those costs against the security where applicable.

Advocates may agree with clients on remuneration for contentious business (gross sum or salary); the court can enforce or void such agreements depending on fairness; clients cannot recover from others more than they pay their advocate under the agreement.

Agreements under section 54 or 56 must be in writing, signed by the person to be bound, include a notary-signed certificate confirming understanding, and a copy of that certificate must be sent to the Secretary of the Law Council; unenforceable agreements expose advocates seeking benefit to professional misconduct.

Where an agreement under section 56 covers business in a suit and the agreed amount has been paid, the payer may apply to the court within twelve months to re-open the agreement; the court may re-open it and order costs to be taxed and repayments; taxing officers must examine guardian/trustee agreements before payment and may disallow parts or seek the court's opinion; clients who pay without such allowance must account and advocates who accept such payments commit an offence and may be ordered to refund.

If an advocate dies, becomes incapable, or the client changes advocate before completing agreed work, parties may apply to the court which has jurisdiction to enforce or set aside the agreement; the court may order taxation and the taxing officer must consider the agreement’s terms and (in change-of-advocate cases) the circumstances of the change; the taxing officer must allow the agreed remuneration unless there is default or other qualifying conduct.

The costs of an advocate where an agreement has been made under section 56 shall not be subject to taxation or to the subsequent provisions of this Part about signing and delivery of an advocate’s bill.

An advocate may take security from a client for costs to be ascertained by taxation or otherwise.

The court has power to order an advocate to deliver a bill of costs and to deliver up deeds, documents or papers, including in cases where the advocate has done no business in the court.

An advocate may not bring suit to recover costs until one month after delivering a bill of costs; the court may allow an earlier suit if there is probable cause the charged party will leave Uganda, become bankrupt, compound with creditors, or take other acts preventing payment; the bill must be signed and delivered or sent by registered post or left at specified locations.

Rules for taxation of advocates' bills: the party charged may require taxation within one month; the advocate must send the bill and itemised statement to the taxing officer; the taxing officer must fix a date, give notice, tax the bill and costs, and may proceed ex parte if a party fails to attend; the court may order taxation on application if notice was not given.

The court may order an advocate's bill to be taxed on application by a person interested in the property, may order payments found due, a non-party who has paid may apply under section 64(5) as if chargeable, an applicant who pays an advocate may recover that money from the trustee/executor/administrator, and generally no taxation order is made for a bill already taxed except in special circumstances.

The court may make any order in relation to an advocate's taxed bill that it considers proper, including ordering judgment for the sum certified when retainer is not disputed.

A court where an advocate was employed may declare the advocate entitled to charge recovered or preserved property for taxed costs and may order taxation and raising or payment of those costs; conveyances that defeat that charge are void against the advocate except to a bona fide purchaser for value without notice; no order may be made if the right to recover costs is barred by limitation.

A person affected by a taxing officer's order may appeal within thirty days to a High Court judge; the judge may make any order the taxing officer could have made. The taxing officer may refer matters to a judge (on own motion or with parties' consent). The Law Council may make regulations about appeals, references, fees and persons liable.

Nothing in this Part affects provisions of any other law prescribing, authorising or regulating the payment of fees or costs in respect of any legal matters.

A person who is not an advocate must not act as an advocate or agent for suitors, initiate or carry on court proceedings, or sue out process unless authorised by law; acting under Law Council regulations for legal aid is not an offence.

People who are not advocates must not pretend to be advocates or use titles or descriptions implying they hold legal qualifications; claiming a legal qualification is only allowed if the person actually holds it, and contravening this is an offence.

Persons who are not qualified advocates or otherwise specifically authorised must not draw or prepare instruments for others for fee or reward, subject to listed exceptions and specified excluded instrument types.

Persons who draw or prepare instruments to which section 72 applies must endorse their name and address on the instrument; omission or false endorsement is an offence. Registering authorities must not accept such instruments unless the instrument bears the preparer's name and address.

A person who is not an advocate with a valid practising certificate, nor specifically authorised by law, who takes instructions for or prepares papers for probate or letters of administration (unless they prove it was not for or in expectation of fee, gain or reward or as an agent of an unqualified person) commits an offence.

No person may recover costs in any suit, proceeding or matter for anything done that constitutes an offence under this Act.

Makes it an offence for a body corporate, and for any director, officer or servant acting for it, to perform acts implying the corporation is qualified to act as an advocate; the body corporate may be fined up to fifty currency points, and the individual may be fined up to twenty currency points or imprisoned up to six months, or both.

Advocates must not knowingly act as agents for persons who are not advocates, nor allow their name to be used by non-advocates for acts that only an advocate may perform.

An advocate must not, in connection with practice, employ or pay any person whom the advocate knows is disqualified from practising because their name was removed from the Roll after disciplinary proceedings or because they have been suspended.

It is an offence for a person disqualified from practising as an advocate to seek or accept employment in connection with an advocate's practice.

Advocates are prohibited from a range of improper conduct (see list) and an advocate who contravenes these rules commits an offence and may be liable to proceedings under section 27.

Anyone who, on behalf of an advocate or for their own account, acts as a tout commits an offence.

It is an offence for any person to induce or attempt to induce a client or prospective client of an advocate to stop being that advocate's client so they become the client of an advocate the person serves.