ADVOCATES AND MONEY IN UGANDA

An Advocate is an individual who is professionally qualified to plead the cause of others in

courts of law. In Uganda, an Advocate refers to any person whose name has been entered
on the Roll of Advocates. As per Section 1(a) of the Advocates Act (Cap 267).
Money is a current medium of exchange in the form of coins and banknotes; as well as any
acceptable medium that is used for exchange collectively.

WHY DO YOU WANT TO BE A LAWYER?

Legal Practice as a Path to Riches, many believe that the legal profession is a source as path
to attaining riches and a vast amount of riches
The Myth of the Lawyer Wealth, wealth is presumed to be a conclusion to being successful.
People who indulge in the profession believe and that being a lawyer or advocate is a
mythical path to wealth
Many lawyers work long hours in high-pressure situations with little to show for their
efforts in terms of material gain.
Other advocates, particularly those who have just completed their educational requirements,
find it very difficult to find remunerative legal work
many advocates stretch their finances to put on such appearances and fail to build up real
wealth.
Right Motivations for a Career in Law You need to be motivated by more than financial gain.
Otherwise, you are likely to be disappointed.
It is about service to a system of justice and service to people.

FINANCIAL PRESSURES ON THE LEGAL PRACTITIONER

The Desire for Instant Success
“Keeping Up with the Joneses”. Meaning; try to emulate or not be outdone by one's
neighbors’.
Perceived Just Desserts- Many lawyers feel they are smarter than other members of society
and deserve more.
Advocates view Clients as Economic Opportunities. Many advocates view clients as
economic opportunities to be exploited.
Money-hungry lawyers encourage their clients to undergo expensive but unnecessary legal
procedures that could have been just for the interest of financial gain.
The Struggle to Make a Living –Common needs including decent housing, a suitable wardrobe
and transport
Developing a budget; the budget should be realistic and in line with available financial
resources.
Young lawyers should also avoid unnecessary expenses and focus on needs rather than wants.
Family and Community Pressure
Many advocates in Uganda face financial pressure from families and home communities.
Cash Flow Pressure and Other People’s Money
Cash flow is a business’s ability to access money when it needs the money.
Cash flow problems are particularly acute in a place like Uganda where credit can be difficult
to obtain and interest rates are exceedingly high.
When an advocate needs cash to pay bills and other pressing concerns, the advocate may
be tempted to access funds held in trust for a client or other third party.

FEES FOR LEGAL SERVICES

An advocate is entitled to be paid for the legal services the advocate provides.
The fee an advocate is entitled to charge is regulated by the Advocates (Remuneration and
Taxation of Costs) Rules, SI 367-4.177.
Every advocate is required to charge fees incompliance with the scales of fees set out in the
Rules.
MINIMUM FEES FOR LEGAL SERVICES
Rule 4, sec.74 (1)g and h provide for rules against “undercutting.”
Price-undercutting is regarded as professional misconduct under the Advocates
Remuneration (Amendment) Order 2014 that sets compensation terms for advocates.
Under the Advocates Act, any lawyer who accepts less than the scale fees can be fined not
less than Sh100,000 or imprisonment of up to two years
The rules are intended to avoid unfair competition and ensure adherence to professional
standards in legal practice.
It is an offence for an advocate to engage in undercutting.
FEES IN EXCESS OF THE MINIMUM FEES
The fee scales in the Rules are floors and not ceilings.
Advocates may charge fees above the scale as long as those fees are reasonable especially
matters of exceptional complexity, matters of high importance and matters where
exceptional dispatch (speed) is required
The test for excessive fees is a matter of degree of the case and necessities needed at the
stake of the case
According to regulation 28 (2) of the advocates professional conduct regulations
advocates may not charge fees that are excessive or extortionate
What amounts to excessive is left for the fact finder to determine

FESS TAXED AS COSTS

Party to party costs should be charged on scale. Party/party costs are costs which the
court orders another party to pay, or which another party has agreed to pay, as part of the
terms of settlement of a court case. These costs are also known as “ordered costs”. In
litigation it is usually the losing party who has to pay the other party's costs. Advocates
(Remuneration & Taxation of Costs) Rules
VOCATION

The word “Vocation” is derived from the Latin word “Vocare” which its literal sense means
“Being called”.

Vocation can therefore be defined as a strong feeling of suitability for a particular career. A
strong inclination to a particular cause of action.

A vocation is like an occupation to which a person is especially drawn for which they are
suited, trained or qualified. The word is now often used in non-religious contexts but the
meaning originated from Christianity in the 15th Century, hence “a divine call to a religious
life”.

Vocation is a major part of our lives as a career or even a business. Fulfillment in your
vocation can contribute to leading a satisfying and successful life. Factors involved in having
a satisfying vocation include having a purpose, helping others and concern about future
generations.

Types of vocations

1. Vowed religious life. People are slowly being drawn to a religious life for their vocations.
Here people make vows.

2. Married life. Most people are drawn to this vocation in life. They choose to live their life
with another person that they love and choose to spend the rest of their lives with.

3. Single life. More and more people are choosing this life, this sort of life requires people to
be committed to be single and are required to help the society and serve others.

4. Ordained life. Ordained life is when a man is compelled to serve God, the church and to
serve God’s people. They preach the gospel, celebrate mass and provide advice to others.

The following are examples of vocations, a business person might have avocation as a youth
sponsor.

A teacher might have a vocation as a mentor.

A lawyer might have a vocation as a counsellor.

Facts involved in having a vocation include.

Have a purpose. One should have a reason why he or she is interested in a particular
vocation.

Help others. Since a vocation is a calling, a vocationer should take a vocation with the need
to help others.

Be concerned about the future generations. The law of Stewardship requires us to pass the
planet on to the future generations in a better condition than we found it.

How to choose a vocation.

Assess yourself.one ought to check whether he or she can take up that vocation.

Make a list of occupations to explore. A person to know various occupations in order to

explore.

Explore the occupations on your list. This is to know the best vocation that one can be
involved with.

Conduct information and interviews. This is to enable one have confidence in the
occupation.

Identify your goals. This is to enable one full fill the purpose for the vocation.