Advocates (Amendment) Act

I I . Amendment of section l3 of principal Act.

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Act 27 Advocates (Amendment) Act 2002 Section.

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Act 27 Advocates (Amendment) Act 2002

THE ADVOCATES (AMENDMENT) ACT, 2002.

An Act to amend the Advocates Act, 1970 to provide for easier access to the Uganda Bar both in terms of required qualifications for entry and procedures, to create a Committee for Legal Education and Training to supervise and control professional legal education; to revise sanctions and penalties; and to provide for other related matters.

DerE or Asseur: 29th November,2002.

Date of Commencement: lOth December,2002

Bp n rnRcreo by Parliament as follows:

the Advocates (Amendment) short title Act,2002.

2.The Advocates Act, 1970, in this Act referred to as the Amendment of Act No. "principal Act" is amended in section l- 22 of 19'10.

"Establish- l( I ) There is established a Law Council which ment of Law Council shall consist of-

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Lct 27 Advocates (Amendment) Act 2002 (a) a Judge of the Courts of Judicature appointed by the Attorney-General after consultation with the Chief Justice, who shall be Chairperson of the Law Council; (b) the Chairperson of the Committee on Legal Education and Training; (c) the Solicitor-General or his or her representative not below the rank of Principal State Attorney; (d) the President of the Uganda Law Society; (e) the Director of the Law Development Centre; (f) the Dean of the Faculty of Larv of Makerere University; (g/ two practising advocates elected by the Uganda Law Society; (h) a judicial officer not below the rank of a Chief Magistrate appointed by the Magistrates through their national professional body by whatever name called: (i) a person co-opted by the Law Council as it may deem necessary." (B) by substituting for subsection(3) the following-

'(3) If the Chairperson or any of the members of the Law Council appointed under paragraph (g) or (h) of subsection ( I )- (a) dies,

of principal Act. (a)by substituting for paragraph (a) the following-

"(a) to exercise through the medium of the Committee on Legal Education and Training, general supervision and control over professional legal education in Uganda including continuing legal education for persons qualified to practise law in Uganda".

inserting after section 2 ffii::Hl a new section 2 ,\ asfollows- 2A.

Act 27 Advocates (Amendment) Act 2002 "Funds of 2A. (l) The Law Council and the Committees Law Council and established under this Act shall have powers to charge Committees fees in the performance of their functions under this Act.

Amendment 5. Section 3 of the principal Act is amendedof section 3 of principal Act. (a) in subsection (2), by inserting "Law" before "Council";

Lct 27 Advocates (Amendment) Act 2002 Insertion of

inserting after section 3 , new sectton the following new section- 3A.

..Remuner- 34 A member of the Law Council, the Disciplinary \r/ ation and Committee and the Committee on Legal Education

:filil*' and Training shall be paid such remuneration and Council an<l colnmlttees allowances and at such rates as the Minister responsible for public service may, after consultation with the N{inister responsible for finance, determine".

inserting immediately New Part IIA of after Part II, a new Part IIA as follows- principal Act. "PART IIA-SupeRVISloN oF PRoFESSIoNAL EoucnrtoN AND TRAINING Committee 6A There is established for the purpose of clischarging the Law Council's functions with respect on Legal Eduaction and Training to general supervision of professional legal education, a Committee to be known as the Committee on Legal Education and Training, in this Part referred to as the "Committee". Composition 68 (l) The Committee shall consist of- (a) an experienced law teacher with distinguished service as a legal practitioner, aPPointed bY the Law Council who shall be ChairPerson; (b) a Judge of the Courts of Judicature, appointed by the Attorney-General in consultation with the Chief Justice; (c) the Dean of the Faculty of Law at Makerere University or his or her representative being a person not below the rank of Senior Lecturer; (d) the Director of the Law Development Centre or his or her representative being a person not below the rank of Senior Lecturer;

Act 27 Advocates (Amendment) Act 2002 (e) arepresentative of the Uganda Law Society elected by that Society; (f) a representative of the Ministry responsible for justice appointed by the Attorney- Generall (g) one person nominated by institutions engaged in continuing legal education, and appointed by the Law Council; and

Act 27 Advocates (Amendment) Act 20A2 (5) In this section, "appointing authonty" means the authority responsible for appointing or electing under subsection (l) a person to whom subsection (3) applies.

Functions of 6C ( I ) The functions of the Committee are- Committee

-\ Act 27 Advocates (Antendmerfi) Act 2002 (4) The quorum at meetings of the Committee shall be five members but subject to the requirement of a quorum, the Committee may act notwithstanding any vacancy at the meeting.

Replacement 8. For section 7 of the principal Act there is substituted the of section 7 ofprincipal following- Act.

'Admission 7(1) Subject to the provisions of this section, a person to whom this section applies, shall be eligible to 311",,n"* or advocates have his or her name entered on the Roll.

A,ct 27 Advocates (Amen,Tment) Act :002 (3) The Secretary shall, within fourteen days from the date of the making by the Council of a decision under subsection (2), notify the applicant of the decision made by the Law Council.

\- A,ct27 Advocates (Amendment) Act 2002 (iii) holds a qualification that would qualify him or her to be enrolled in any country operating the common law system and designated by the Law Council by regulations.

( I0) In the case of a person to whom paragraph (b) (ii) of subsection (8) of this section applies, being a person who has practised as a legal practitioner for \-- one year or more, but less than five years, that person is not eligibie for enrolment under this section unless he or she works under the surveillance of and in chambers approved by the Law Council for that purpose or he or she serves as a State Attorney for at least one year.

(l l) In the case of a person to whom paragraph (.!/ (ii) of subsection (8) applies, being a person who has practised as a legal practitioner for five years or more, that person may be enrolled without having to work in chambers approved by the Law Council for that purpose or serving as a State Attorney.

Act 27 Advocates (Amendment) Act 2002 (13) Notwithstanding subsection (l), rhe Law Council may make regulations under which a person to whom this section applies, other than a person referred to in subsection (8)(a), ( l0) or (l l), may be required to undergo courses of study in such subjects relevant to the law in force in Uganda as may be specified in the regulations and to satisfy examiners in those subjects."

is amended by inserting Amendment of section immediately after subsection (5) the following new subsection- l0 of

"(6) Irlotwithstanding anything in this Act, Act.

regulations made by the Law Council may, subject to such conditions as may be prescribed in the regulations. permit any person undergoing any instruction for the acquisition of professional skill or experience for the purpose of enrolment , to have a -Jr/ right of audience without enrolment or a practising certificate , before such courts as may be prescribed by the regulations, if that person appears with an advocate possessing a valid practisrlrg certificate or a person mentioned in section 5 of this Aci'.

of section subsection ( I ) of section 12 the following subsections- 12 of Act. "Temporary 12. (1) Notwithstanding the other provisions of this admission to right of Part of this Act, the Law Council may, subject to the practlce. person obtaining a special practising certificate, admit to practise as an advocate for the purpose of any one case or matter, any legal practitioner, by whatever name called, of any country operating the common law system and designated by the Law Council under subsection (8) of section 7 of this Act, who has come or intends to come to Uganda for the purpose of appearing in that case or matter.

ttct27 Advocates (Amendment) Act 2002 (la) A person referred to in subsection (1) is only entitled to appear or act- (a) in the case or matter for which that person is admitted; and

Act27 Advocates (Amendment) Act 2002 (d) the suspension shall continue until-

12" The principal Act is amended as follows- Miscella- neous F"l (a) in subsection(5) of section 13 , by substituting for amendment. in relation "two hundred shillings" the words ,. ten currency to fines. points"; (b) in subsection (2) of section 14 , by suustituting for "ten thousand shillings" the words .,forty currency points";

Act 27 Advocate.s (Amendment) Act 2W2 (ii) by substituting for "five thousand shillings'.', the words "twenty currency points";

(/) in subsection (l) of section 78 by substituting for "five thousand shillings" the words "twenty currency points".

lnscrtion of 13. The principal Act is amended by inserting immediately new section l4A. after section 14 the following new section-

"Protection of 14A (l) Where- clients of advocates (a) an advocate practises as an advocate contrary to subsection (l) of section 14 :- or

I Lct 27 Advctcates (Amendmeri) Act 2002 Law Council or any person may make a complaint to the Disciplinary Committee in respect of the misconduct; and paragraphs (bXi) and (b)(li) of subsection (l) shall apply with necessary modifications.

a (3) In addition to any punishment prescribed under any provision of this Act, the client of an advocate to whom subsection (l) or (2) relates, is entitled to a refund by the advocate concerned of any fees paid to that advocate by the client and also to compensation in respect of any costs or loss incurred by the client as a result of the conduct of the advocate."

inserting immediately lnsertion of ncw secnon after section l5 following new section- t5A.

"Pro bono l5A. (l) Every advocate shall provide pro bono legal servlces services when required by the Law Council or pay a fee precribed by regulations made by the Law Council in lieu of such services.

l7 of (a)by substituting for subsection (1) the following new principal Act subsection-

"Establish- 17. (l)There is established a Committee called the ment of Disciplinary Disciplinary Committee which shall consist of-

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A,ct27 Advocates (Amendment)Act 2002 (a) the Solicitor-General or his or her representative not below the rank of Principal State Attorney; (b) the Director of the Law Development Centre; (c) the President of the Uganda Law Society; (d) any other two members appointed by the Law Council from among its members." (b) by inserling immediately after subsection (7) of that * section the following new subsection- "(8)The office of the Secretary of the Larv Council shall provide prosecuting Counsel to the Discipl i nary Committee." '10 Anrendment 16. Section l9 of the principal Act is amendedoI section l9 ot (i) by substituting for subsection (2) the following Act. subsection- "(2) Upon receipt of a complaint, the Secretary to the Disciplinary Committee shall, as soon as is practicable, refer the complaint to the Committee, which shall fix a date for the hearing of the complaint." (ii) by the repeal of the proviso to subsection (3) and the insertion immediately after that subsection of the following new subsection- "(3) (a,) Whenever in the opinion of the Committee the complaint does not disclose any prima facie case of professional misconduct, the \ Committee may, at any stage of the proceedings, dismiss the complaint without requiring the advocate to whom the complaint relates to answer rq any allegations made against that advocate; but the Committee shall hear the complainant before dismissing the complaint under this subsection.";

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Act27 Advocates (Amendment) Act 2002 (iii) by substituting for the provisions tiom paragraphs (d) and (e) of subsection (4) to the end of that subsection, the following-

"(d) thatthe advocate do pay a fine not exceeding two hundred and fifty currency points; (e) thatthe advocate do pay to any person who has suffered loss as a result of the misconduct of the advocate, such sum as, in the opinion of the Committee is just, having regard to the loss suffered by the aggrieved party.",

there is substituted f:[Tff"' fthe following- 2o or

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Act 27 Advocutes (Arnendment) Act 2002 "Decisions of 20 On the termination of the hearing of a Conrmittee complaint, if the Disciplinary Committee decides to and action suspe nd an advocate or strike him or her off the Roll, on thenr thc Comrnittee shall notify the Registrar of its \-/' decision and the Law Council shall- (a) cause the decision of the Committee to be L

published in the Gaz.ette and also in a newpaper circulating in the whole of Uganda;

section 2l of principrl Act

Act 27 Advocates (Amendment) Act 2002

there is substituted the Replacement of section following new section 23 of "Rcpresent- 23. ( I ) The parties to the appeal may be ve/ ation before Act.

iii; Hil represented by an advocate before the High Court and the Law Council shall have the right to appear, by advocate, for the purpose of representing to the High Court the findings of the Disciplinary Committee. (2) A complainant who appeals against the decision of the Disciplinary Committee and who is unable to afford to pay for the services of an advocate shall be assigned an advocate by the High Court at the expense of the State and that advocate may be paid for his or her services a sum not exceeding an amount prescribed by the Attomey-General by statutory order made in . consultation with the Minister responsible for finance."

there is substituted the Replacemcrrt of section following section- 24 of Act. "Power of 24. The High Court shall, after hearing an appeal High Courl from the decision of the Disciplinary Committee- (a) refer the matter back to the Committee with directions for its finding on any specified point; or (b) confirm, set aside or vary any order made by the Committee or substitute for it such order as it may think fit.

is amended in subsections Amendment of section (2) and (4), by substituting for "East African country" the words 2'l of "prescribed country". principal Act.

of section (a) in subsection (l), by substituting for "East African il:t country" the woris "prescribei.";";;;; il-" lli:'o' 2t

Act 27 Ady'r,cet,,.s i.4tnendmertt) Act 2OO2 (b) by substituting for subsection (2), the following subsection- "(2) In this section "prescribed country" means any country in respect of which the Attorney- General declares by statutory order, that he or she is satisfied that reciprocal effect will be given under the laws of that country to orders made by the Disciplinary Committee under this Act for the suspension of advocates from practice or for striking the names of advocates off the Roll". Anrendnrent of section

73 of substituting for paragraph (f) of subsection (l), the following princi pal Act new paragraph-

"(f) advertise in relation to his or her professional business, except as may be permitted by regulations made by the Law Council."

Power to 25. Immediately after section 80 of the principal Act there is amend new Schedule inserted the following new section- 2A of "Power of 80A. The Attorney-General may, with the approval Act. Attorney- Ceneral to of the Cabinet, by statutory instrument, amend amend Schedule 2Ato this Act." Schedule 2A

Miscella- 26.The principal Act is amended as followsneou s arnendrnenls. (a)by the substitution for "his" wherever it appears, of "his or her"; (b) by the substitution for "he" wherever it appears, of "he or she"; (c)by the substitution for "him" wherever it appears, of "him or her"; (d) by the substitution for "himself' wherever it appears, of "himself or herself';

Act 27 Advocates (Antendnrcnt) Act 2002 (e) by the substitution for "chairman" wherever it appears, of "chairperson".

of section (A) by substituting for the definition of "advocate" the 82 of principaI following new defi nition- Act.

"advocate" means any person whose name is duly entered upon the Roll and- (a) for the purposes of subsection (2) of sectlon l8 of this Act and Part V of this Act, includes any person mentioned in section 5 of this Act: and (b) for the purpose of disciplinary proceedings under this Act, includes- (i) any person permitted to practise under subsection(6) of section 10 of this Act; and (ii) any person who carries out work of a nature normally performed by an advocate or who is entitled to act or who purpofts to act as, or pretends to be, an advocate;" (B) by inserting immediately after the definition of "costs" the following new definition- "currency point" means the value of currency point specified in Schedule 2Ato this Act"; and (C) by inserting immediately after the definition of t "legal assistant" the following new definition-

"legal practice" includes carrying out work of a nature normally performed by an advocate, such as receiving instructions to sue or defend a client in contentious matters, carrying out any form of representation in non-contentious

Act27 Advocates (Amendnrcnt) Act 2002 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 and certifying and notarising miscellaneous a

legal documents;"

lnsertion of 28. The principal Act is amended by inserting immediately new Schedule after Schedule 2 the following new Schedule- ]A "SCHEDULE 2A Section 82

CURRENCY POINT.

One currency point is equivalent to twenty thousand shillings."

Transitional 29. For the avoidance of doubt, the Law Council and the provlsrons. Disciplinary Committee in existence under the principal Act immediately before the commencement of this Act, shall continue to function until re-established and composed in accordance with that Act as amended by this Act.

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