Only advocates can practise law
Only advocates are sworn to be defenders of justice and they can be disbarred if they breach their professional code of conduct.
What you need to know:
- A clerk at the lands registry probably knows more about land transactions than an advocate specialising in another area.
- Accountants are experts in tax law and, for a long time, police inspectors successfully prosecuted suspected criminals.
A suspected fake lawyer, Brian Njagi Mwenda was last week busted. Amidst the ensuing excitement, a ridiculous story — that he won 26 cases — seems to have gained currency and earned the ‘impostor’ a legion of supporters.
That allegation is hardly verifiable; no record exists of any advocate’s wins or losses. Also, it is not humanly possible to conclude that number of cases — at least not in Kenya — in the short period that Mr Mwenda has been in practice.
But that is beside the point. Why is law practice strictly reserved for advocates? No, the legal profession is not a cartel seeking to restrict entry into its ranks. Getting through law school and being admitted to the bar may require a fair amount of diligence and patience but most people desirous of becoming lawyers are able to do so.
Neither is it because non-advocates are ignorant of the law. A clerk at the lands registry probably knows more about land transactions than an advocate specialising in another area.
Succession dispute
Accountants are experts in tax law and, for a long time, police inspectors successfully prosecuted suspected criminals. Nobody can deny Senator Okiya Omtatah’s mastery of constitutional law, despite him not having had formal legal training.
Rather, the restriction is a cautionary measure. Only advocates are sufficiently trained, theoretically and practically, in all areas of the law. So, while those other professionals can successfully handle cases in their areas of expertise, they may not do justice to one that is a blend.
A family business succession dispute involving a forged will, for example, may require knowledge in company law, succession law, family law and criminal procedure.
A second reason relates to ethics. Only advocates are sworn to be defenders of justice. This is so important for the public good that an advocate can be disbarred if they breach their professional code of conduct. They should also insure their practice against any loss to their client due to a mistake on their (lawyer’s) part. Again, for the public good.
Mr Arori is an advocate of the High Court of Kenya. [email protected]
