1. Interpretation
In this Act, except where the context otherwise requires "advocate" means any person whose name is duly entered upon the Roll and-
for the purposes of section 26(2) and Part VI of this Act, includes any person mentioned in section 11 ; and
for the purpose of disciplinary proceedings under this Act, includes-
any person permitted to practice under section 16(6) ; and
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;
"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;
"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;
"costs" includes fees, charges, disbursements, expenses and remuneration;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"Disciplinary Committee" means the committee established under section 25 ;
"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;
"Law Council" means the Council established under section 2 ;
"legal assistant" means a person who belongs to a class defined by the Law Council in regulations made for that purpose;
"legal practice" includes carrying out work of a nature normally performed by an advocate; such as receiving instructions to sue or defending a client in contentious matters, carrying out any form of representation in non-contentious 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, certifying and notarising miscellaneous legal documents;
"non-contentious business" means any business done by an advocate other than contentious business;
"practising certificate" means a certificate issued under section 16 ;
"professional misconduct" includes disgraceful or dishonourable conduct not befitting an advocate;
"Registrar" means the Chief Registrar of the High Court;
"Roll" means the Roll of Advocates kept under section 12 ;
"suit" has the same meaning as in the Civil Procedure Act;
"unqualified person" means a person not qualified under section 13 .
Section analysis Source linked
This section supplies the definitions or statutory meaning governing “Interpretation”.
“In this Act, except where the context otherwise requires "advocate" means any person whose name is duly entered upon the Roll and-”
Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.
Operative requirements extracted from the consolidated text.
- "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;
- "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;
- "costs" includes fees, charges, disbursements, expenses and remuneration;
- "currency point" has the value assigned to it in Schedule 1 to this Act;
- "Disciplinary Committee" means the committee established under section 25;
- "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;
- "Law Council" means the Council established under section 2;
- "legal assistant" means a person who belongs to a class defined by the Law Council in regulations made for that purpose;
8 further items remain in the statutory text above.
Express propositions in source-matched passages from judgments citing this section.
No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.
No section-specific note is recorded. Act-level consolidation history:
- [Amended by Advocates (Amendment) Act, 2002 (Act 27 of 2002) on 10 December 2002]
Act-level history only · Do not infer that every amendment changed this section