Professional Conduct in Uganda Summarised

A DEMISTIFIED COMMENTARY ON ADVOCATES
PROFESSIONAL CONDUCT IN UGANDA.
WRITTEN BY
GUKIINA PATRICK M.
LAWYER, AUTHOR, RESEARCHER, LAWYERS FOR LAWYERS INTERNATIONAL
(GLOBAL) AWARDS NOMINEE 2023.
(LLB (HONS.), Dip. LP.LDC, LLM GEN.FLW)
&
EDITED BY
AHIMBISIBWE INNOCENT BENJAMIN.
AFRICA INTERNATIONAL AWARD-WINNING LAWYER.
COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

CONSULTANT AND LAWYERS 4 LAWYERS INTERNATIONAL (GLOBAL) AWARDS NOMINEE 2023.
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TABLE OF CONTENTS.
INTRODUCTION. .............................................................................................................. 3
INSTRUCTIONS ................................................................................................................ 3
THE ESTABLISHMENT OF THE ADVOCATE- CLIENT RELATIONSHIP. ..................................... 5
REMUNERATION AGREEMENTS....................................................................................... 6
WITHDRAWAL AND TERMINATION OF INSTRUCTIONS ........................................................ 7

OPTIONAL WITHDRAWAL ................................................................................................. 8
NON -PAYMENT OF FEES .................................................................................................. 8
WITHDRAWAL INITIATED BY AN ADVOCATE ...................................................................... 8
NOTICE OF WITHDRAWAL ............................................................................................... 10
DUTY FOLLOWING WITHDRAWAL..................................................................................... 10
GUIDING PRINCIPLES UNDER THE ADVOCATE-CLIENT RELATIONSHP ................................. 10
DUE-DILIGENCE. ............................................................................................................. 10
CONFLICT OF INTEREST. ................................................................................................. 11
RECUSAL OF JUDICIAL OFFICERS ..................................................................................... 12
DUTIES OF AN ADVOCATE ............................................................................................... 13
DUTIES TO THE CLIENT................................................................................................... 13
CONFIDENTIALITY AND PRIVILEGE. ................................................................................. 13

DUTIES OF THE ADVOCATE TO THE CLIENT ...................................................................... 15
DUTY TO TOWARDS THE OPPOSING COUNSEL .................................................................. 16
PROFESSIONAL MISCONDUCT. ......................................................................................... 19
APPEALS AGAINST ORDERS OF THE DISCIPLINARY COMMITTEE ......................................... 22
A CASE IN POINT OF PROFESSIONAL MISCONDUCT ........................................................... 23

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INTRODUCTION.
According to Section 1 of the Advocate’s act, an advocate refers to any person whose
names has been duly entered upon the roll of advocates.
According to Prof. Francis W Bwengye, a Profession is a vocation that requires
specialized training and whose members belong to a specific / particular body and are
accountable to that body. The implication of this can be deduced from the fact that
Advocates belong to the professional body of the Uganda Law Society and through its
mechanisms, they are accountable to the same for any acts or omissions pursuant to
their professional allegiance and duty.
Be that as it may, Professional conduct simply refers to an acceptable standard of
behaviour as per the ethics of a given profession.
It must be noted that every profession has its own standards / code of behaviour. Most
particularly, the legal profession is governed by the Advocates Act Cap.267, the Law
Society Act Cap.276 together with the regulations made thereunder set up by rules
and regulatory bodies such as the Law Council and the Disciplinary Committee of the Law
Council which shall deem conduct unacceptable as envisaged under Regulation 31 of the
same.
Nevertheless, in this commentary, I will basically cover instructions, withdrawal of
instructions, common guiding principles of the advocate -client relationship.,
professional misconduct including but not limited to the disciplinary measures and
procedures.
INSTRUCTIONS.
It is trite law that an advocate -client relationship is a creature of instructions.
More to that is the fact that Regulation 2 (1) of the Advocates (Professional
Conduct) Regulations forbids advocates from acting for any person unless they have
received instructions from that person or his or her duly authorised agent. It must be
noted that order 3 of the Civil Procedure rules provides for recognized agents and
these include but are not limited to persons holding powers of attorney on behalf of
others.
The effect of instructions is that they create a fiduciary relationship between the
advocate and client which can also be described as a relationship of utmost good faith
where the the advocate cannot obtain any benefit without the consent of the principal

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who is the client mutandis mutandis with the fact that the advocate has to act in the
best interest of the client. Or [a] duty to act for someone else's benefit, while
subordinating one's personal interests to that of the other person.
It must be noted that Instructions are not static but progressive in nature. See the
case of Lakhman Bhimji versus Manor Developments Ltd MA 105 of 2010 (arising
from Civil Suit No 35 of 2013) where court noted that being a fresh matter, the advocate
would need instructions of his client in terms of the contents and merits of the application
in order to represent him effectively despite having represented the client before.
Similarly, in the case of Mulenga Christopher Vs Stanbic Bank Misc.App. 200/
2013, it was re- affirmed that an advocate needs instructions for every fresh new matter.
In light of the foregoing, it is erudite that a lawyer has no authority whatsoever to act
for anybody without instructions and thus any suit filed without instructions is a nullity ab
inito. See the case of Kabale Housing Tenants Association Ltd v Kabale Municipal
Council SC Civil Appeal No. 15 of 2013
Similarly, an advocate who files a suit without instructions can be condemned to costs
personally and is considered as one acting on his or her own. See the case of Buikwe
Estates Coffee Ltd v S. Lutach and Anor (1962) EA 328.
Be that as it may, instructions maybe in writing or they may be implied from conduct of
the parties. See the case of Omulele and Tollo Advocates v Magnum Properties
Court held; that a retainer does not have to be in writing but the same can be inferred
from the conduct of the parties or the circumstances of the case.
However, in circumstances where a client instructs more than one advocate to represent
him or her in a matter, the advocate must file a joint notice of instructions. See the
case of Ayebazibwe Raymond v Barclays Bank and Ors HCCS No. 165 of 2015 .
Where court held that the appearance of second counsel without a joint notice of
instructions offends the court rules and thus barred him from appearing in the matter
until he had filed a notice of joint instructions. In the same Ayebazibwe case, court
also emphasized the fact that a lawyer has no authority to act for anybody without
instructions.
Similarly, it is imperative to note that an advocate is entitled to his or her instruction fees
the moment he or she receives instruction. See the case of Mayers and Another v
Hamilton and Ors (1975) EA 13. However, the instruction fees need not be paid
wholesomely in one lot.
Similarly, if the client is a company, instructions have to be obtained according to the
company’s memorandum and articles of association. Needless to add is that if the client
is a public entity, instructions have to be given in accordance with the PPDA rules.

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See the case of Mugoye and Associated Advocates v Kiambu County Assembly
Miscellaneous Application No. 18 of 2017.
THE ESTABLISHMENT OF THE ADVOCATE- CLIENT RELATIONSHIP.
In the case of Peter Jogo T/A Jogo Tabu and co. Advocates Vs The Registered
Trustees of the Church of the Province of Uganda 2017, Hon Justice Stephen
Mubiru clearly averred that “ Whether a client-advocate relationship exists for any specific
purpose will depend on the circumstances and may be a question of fact in that where
parties can prove that they “sought and received legal advice and assistance and that
[the advocate] intended to undertake to give such advice and assistance on their
behalf...., the advocate-client relationship may be found to exist.
Justice Mubiru further averred that mere reliance alone upon the advice or conduct
of a lawyer does not create an advocate-client relationship,” and that It is the client's
reasonable belief that an advocate is representing him or her that provides the basis for
recognizing the existence of the relationship. The learned Justice further clarified that
What is clear though is that a client-advocate relationship is not formed between advocate
and a prospective client as the result of a brief consultation when the prospective client
does not reveal any confidences or secrets in the course of the consultation.
In other words, there must be revelation of confidences / secrets for one to establish
a valid client-advocate relationship.
Justice Mubiru further narrowed the subject to: the advocate-client privilege and the
duty of confidentiality and in this he averred that for the purposes of invoking the
advocate-client privilege two conditions must be met:
(1) the client must communicate with the advocate to obtain legal advice, and
(2) the client must interact with the advocate to advance the client's own interests 1
On the legal advice privilege, Justice Mubiru noted that the legal advice privilege covers
communications between lawyers and their clients whereby legal advice is sought or
given and Not every communication with an advocate is privileged. He emphasized
that Only communications between the advocate and his or her client for the purpose
of obtaining legal advice are privileged. In this, the learned Justice emphasized that the
legal advice must be the central purpose of the communication and not
1
Protecting Confidential Legal Information: A Handbook For Analyzing Issues Under The Advocate-Client Privilege
And The Work Product Doctrine, SM090 ALI-ABA 481, 491;
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secondary, legal advice must predominate and that the privilege does not apply where
the legal advice is merely incidental to business advice 2
In a nutshell, Justice Mubiru denoted that the relationship of a client and advocate
arises when: a person manifests to an advocate the person’s intent that the advocate
provides legal services for that person; and either
(a) the advocate manifests to the person consent to do so; or
(b) the advocate fails to manifest lack of consent to do so, and the advocate knows or
should know that the person reasonably relies on the advocate to provide the services;
or a court with power to do so appoints the advocate to provide the services.
In other words, there ought to be a manifestation in words, conduct or both, of consent
by the advocate to that other person that the advocate shall act on his or her behalf.
By this baseline definition, an advocate-client relationship could form either by consent
of both parties or under an estoppel and neither payment of a fee, a formal contract nor
an express appointment and acceptance is essential to the formation of the relationship.
REMUNERATION AGREEMENTS.
It is a common practice among many law firms to make remuneration agreements with
their clients, However, it must be noted that the law governing remuneration of advocates
in Uganda is the Advocates Remuneration and Taxation of costs rules which are
usually avoided through probono and remuneration agreements although the latter must
be made subject to guidance / in conformity with the advocates act and the regulations
thereto.
Be that as it may, section 50 of the advocates act allows an advocate to make an
agreement with his client as to his or her remuneration in respect of the contentious
business done or to be done providing that he or she shall be remunerated by a gross
sum or salary. The same was re-affirmed that Shell (U) Ltd and 9 Others Vs Muwema
and Mugerwa Advocates and Solicitors and URA SCCA NO.2 of 2013.
Nevertheless, it must be noted that Section 51 of the advocates act provides that
agreements made under sections 48 and 50 must be in writing, signed by the person
to be bound and contain a certificate by notary public to the effect that a person bound
by the agreement had explained to him or her the nature of the agreement and appeared
2
see Three Rivers District Council and others v. Governor and Company of the Bank of England (No 6), [2004] 3
WLR 1274, [2005] 1 AC 610

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to have understood the agreement. The copy of the certificate shall be sent to the
Secretary of the Law Council. Those who signed did not explain to the notary public
instead it was the notary public who explained to the persons bound by the agreement
its nature, which in counsel’s view was contrary to the law.
Also, vital to note is the fact that Section 55(1) (b) of the advocates act prohibits an
advocate to prosecute a contentious matter where the payment should be made only in
the event of success.
In the same premise, regulation No.26 of the Advocates (Professional Conduct)
Regulations prohibits an advocate from entering into an agreement for sharing of a
proportion of the proceeds of a judgment whether by way of percentage or otherwise,
either as part of the entire amount of his or her professional fees be in consideration of
advancing to a client funds for disbursement as this outrightly offends the law on
champerty.
It must be noted that such agreements which are prohibited by the law are
unenforceable. See Section 19(2) of the Contract (Act No. 7 of 2010) which
prohibits the enforcement of agreements whose objects are unlawful and no suit shall be
brought to enforce such contract.
The same proposition was averred in Kituuma Magala &Co Advocates Vs Celtel (U)
Ltd, [2001-20005] HCB Vol 3 at 72 where court held that advocates are free to enter
into remuneration agreements with their clients in terms of section 48 and 50 of the
Advocates Act as long as these agreements comply with the requirements provided by
section 51 of the Act otherwise, they are not enforceable.
It must also be noted that where an advocate has a remuneration agreement with the
client for contentious business an advocate cannot present, an advocate/client bill of costs
See the case of Mutoigo V Shell (U) Ltd (High Court Misc Application No. 0068
of 2007).
WITHDRAWAL AND TERMINATION OF INSTRUCTIONS.

Just like a contract, once an advocate-client relationship is established, both the
lawyer and the client retain the power to terminate the relationship.
Reg. 3(1) (a)-(d) of the Advocates (Professional Conduct) Regulations provides that an
advocate may withdraw from a client’s case where;
1) the client withdraws instructions,
2) the advocate is permitted by court to withdraw,

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3) the client disregards an agreement or obligation as to payment of fees and
disbursements,
4) the client instructs the advocate to engage in unprofessional conduct or requires the
advocate to act contrary to his or her advice to the client
There are however, two types of withdrawal i.e.
i) Optional withdrawal
ii) Non-payment of fees
Optional Withdrawal.
As a general rule, an advocate is entitled to withdraw where there has been a serious
loss of confidence between advocate and client. Such a loss of confidence goes to the
very basis of the relationship. The Advocate who is deceived by the client has justifiable
cause to withdraw. The refusal of the client to accept and act upon the advocate’s advice
on a significant point might give rise to certain loss of confidence which would justify
withdrawal. However, the Advocate shall not use the threat of withdrawal as a device to
force the client into making a hasty decision
Non -payment of fees

Failure of the part of the client after reasonable notice to provide funds on account
disbursements on professional fees justifies withdrawal from the advocate unless serious
prejudice to the client would result from that withdrawal. A client who hasn’t paid an
advocate at the point of withdrawal has an obligation to them.
Withdrawal initiated by an advocate.

The general rule is that an advocate cannot withdraw from a suit where he or she had
no instructions and neither can an advocate purport to take over a case from an advocate
who has no instructions in the 1st place because there would be nothing to take over.
See the case of Eunice Warimu Vs Ruth Nyambura Chuchu (2012)-eKLR which
demonstrates the concept of withdraws with out by permission of the Court. This case
also set a general rule whereby a client may retain an advocate of his or her choice
or change that advocate whenever the need arises. The client may also terminate
a retainer of an advocate at any time.
However, when an advocate intends to withdraw from case. He or she must derive
guidance from Regulation 3(2) of the advocates professional conduct

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regulations which among others provides an advocate who intends to withdraw from
the conduct of a case to give his client, Court, opposite party sufficient notice of his
intention to withdraw and to refund the client such proportionate professional fees as
have not been earned by the advocate in the circumstances of the case. Sufficient notice
is a matter of circumstances.
Similarly, and also most importantly, after withdrawal, an advocate is still entitled to
maintain the duty of secrecy as envisaged under Regulation 7 of the advocates
Professional conduct regulations which speaks to non-disclosure of client’s
information.
There are other circumstances where the advocate is under the duty to withdraw;
a) Where the advocate is instructed by client to do something inconsistent with
advocate’s duty to the court.
b) Where the client is guilty of dishonourable conduct of the proceedings or taking a

position solemnly to harass another person or cause injury to another person or
another parson’s property
c) Where it becomes clear that the advocates continued employment will lead to
breach of rules of professional conduct e.g. rules relating to conflict of interest.
D) Where the advocate is not competent to handle the matter

However, it must be noted that the client’s power to terminate the contract is unfettered
and he or she can terminate an advocate-client relationship at any time for good reason,
bad reason or no reason at all. However, this termination comes along with rights and
obligations on both sides.
Nevertheless, upon withdrawal, the client has a duty to pay all the outstanding legal fees
due to his counsel. See the case of Machira & Co. Advocates Vs Arthur Mabuka
(Misc. App 358/2001) where court held that a client who chooses to withdraw his
instructions from an advocate without his payment, undertaking or any other appropriate
arrangement regarding the advocates fees must be prepared to pay the advocate such
sum as may be found due and payable upon taxation of an advocate –client bill of costs.
And that it would be oppressive to require the Advocate to wait until the matter is finalized
by other advocates of him to recover his fee

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NOTICE OF WITHDRAWAL
No definitive rule can be laid down as what constitutes reasonable notice of withdrawal.
Sometimes notice requirements are established by statute or the rules of court or the
rules of engagement. In other situations, the advocate has a duty to protect the client’s
interest as far as possible and not to desert a client at critical stage of the matter or at
the time the withdrawal will put the client in a position of peril.
DUTY FOLLOWING WITHDRAWAL.

Upon discharge or withdrawal, the advocate has a duty to;
a) Deliver in an orderly and expeditious manner to the client or his nominees or
members which include pleadings if at all and property in his possession to which
the client is entitled.
b) Give the client all information that may be required about the case/matter.
c) To account for all funds of the client at hand and refund any remuneration not
earned during employment.
d) Properly render an account for outstanding fees and disbursements.
e) To cooperate with succeeding advocate so as to minimize destruction, delay and

expense in the transition
GUIDING PRINCIPLES UNDER THE ADVOCATE-CLIENT RELATIONSHIP.

DUE-DILIGENCE.
Lawyers, like all other professionals are supposed to provide their services not
only diligently, competently but also ethically and Reg. 12 of the Advocates
Professional conduct regulations bestows a duty upon advocates to advise
their clients diligently. This of course, entails advising clients not to enter into
unwarranted/ unsatiable litigation amidst other possible alternatives including
ADR mechanisms.
Reg.2 (2) more specifically speaks about due -diligence and this can be
deciphered to mean the level of prudence expected from a reasonable and
prudent person under particular circumstances.

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A case in point is the case of Chemonges Khamis and Chelogoi Musubo Vs
Kapchorwa Referral hospital HCT-04-CV-CS 27 of 2012) [2015] UGHCLD 10
(11 March 2015) where court disallowed an amendment of pleadings citing the
fact that counsel had sued a non-existent party and henceforth acted without
due diligence.
Needless to add is the fact that in Joseph Kawooya v Uganda SCCA No. 50
of 1999; it was held that the defence counsel, who was assigned by the trial
court under legal aid to defend the appellant, exhibited shortcomings, and did
not defend her client diligently.
CONFLICT OF INTEREST.
The locus classicus on conflict of interest is the case of Uganda v Patricia Ojangole
(Criminal Case 1 of 2014) [2014] UGHCACD 3 (13 February 2014) where the
accused was being represented by advocates on private brief who also happened to be
the lawyers of her employer.
In this case, conflict of interest was defined according to the Black’s Law Dictionary,
8th edition as: -
1. A real or seeming incompatibility between one’s private interests and one’s public
or fiduciary duties.
2. A real or seeming incompatibility between the interests of two of a lawyer’s clients,
such that the lawyer is disqualified from representing both clients if the dual
representation adversely affects either client or if the clients do not consent
It was further emphasized that it is both the actual and the perception that counts
when tracing conflict of interest in a transaction. In other words, it is what a
reasonable person would conclude while viewing the transaction from a distance that
counts henceforth making it related to rule against bias and the old adage that justice
must not only be done must be seen to be done applies to conflict of interest.
Also, vital to note is the fact that the term Conflict of interest is founded on the
existence of a fiduciary relationship between advocate and client and a fiduciary is the
highest standard of care at either equity or law. It must be noted that a fiduciary is
expected to be extremely loyal to the person to whom he/she owes the duty
(Principal).

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Similarly, in the case of Bristol and West May Building Society vs May May &
Merrimans (a firm) and others (1996) 2 All E R 801. It was held that a fiduciary
must not put personal interests before the duty and must not profit from that position
as a fiduciary, unless the principal consents. Fiduciaries must conduct themselves at
a level higher than that trodden by the crowd and the distinguishing or overriding
duty of a fiduciary is the obligation of individual loyalty.
This can also be firstly deduced from Regulation 9 of the advocates Professional
conduct regulations which explicitly forbids an advocate from appearing in court
on any matter in which he or she believes that he / she would be required to give
evidence whether verbally or by affidavit.
Secondly, Regulation 10 of the same which provides that an advocate shall not
use his or her fiduciary relationship with his or her Clients to his or her own personal
advantage and shall disclose to those clients any personal interest that he or she may
have in transactions being conducted on behalf of those clients.
Before I take leave of this matter, its imperative to note that Justice Lawrence Gidudu
in the Patricia Ojangole case emphasized the fact that the best way to deal with
conflict of interest is to avoid it completely.
RECUSAL OF JUDICIAL OFFICERS
The procedure for recusal of judicial officers was laid down in the case of Meera
Investments Ltd v The Commissioner General of Uganda Revenue
Authority CACA No.15 of 2007 where in the Court of Appeal referred to the East
African case of A.G v Anyang’ Nyongo & others [2007]1 E.A 12 at page 20.Court
stated;
“With regard to an application for a judge to recuse himself from sitting on a

Coram, as from sitting as a single judge, the procedure practiced in the East
African Partner States, and which this court would encourage litigants before it to
follow, is similar to what was succinctly described by the Constitutional Court of
South Africa in The President of the Republic & 2 Others vs. South African Rugby
Football Union & 3 Others, (Case CCT 16/98) (the S.A. Rugby Football union
Case). The court said at paragraph 50 of its judgment:
“…. The usual procedure in applications for recusal is that counsel

for the applicant seeks a meeting in chambers with the judge or
judges in the presence of [the] opponent.

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The grounds for recusal are put to the judge who would be given
an opportunity, if sought, to respond to them.
In the event of recusal being refused by the judge the applicant

would, if so advised, move the application in open court.’
The rationale for and benefit from that procedure is obvious. Apart
from anything else, in practical terms it helps the litigant to avoid
rushing to court at the risk of maligning the integrity of the judge
or judges and of the court as a whole, without having the full facts,
as clearly transpired in the instant case.”
It is also trite to note that court highlighted the same procedure in Shell (U)Ltd
and 9 others Vs Muwema and Mugerwa Advocates with emphasis that the
same should be done in a way that doesn’t malign the integrity and character of
the Judge and preserve the integrity of court.
3. DUTIES OF AN ADVOCATE.
It is no secret that an advocate serves many masters i.e. clients, court, opposite
counsel, opposing parties and the wider community and the same can be
deduced from Pamela Kalyegira’s book in Legal Ethics and Professionalism in
Uganda.
Advocates also have the dual responsibility of upholding the interests of the
client fearlessly while conducting themselves as officers of the court.
Accordingly, they are expected to adhere to the highest standards of probity and
honour.
4. DUTIES TO THE CLIENT.
CONFIDENTIALITY AND PRIVILEGE.

The Advocates Act S.1(b) defines a client.as including “any person, who as principal,
or on behalf of another, or as 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.”

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The general rule is that an advocate has a duty in holding in strict confidence, all
information concerning the affairs of the client where the information is acquired by the
advocates as a result of professional relationship with the client and this is explicitly stated
in Regulation 7 of the Advocates (Professional Conduct) Regulations which
provides that “an advocate shall not disclose or divulge any information obtained or
acquired as a result of his or her acting on behalf of a client except where this becomes
necessary in the conduct of the affairs of that client, or otherwise required by law.”
The effect of this is that an advocate is precluded from disclosing or divulging any
information obtained or acquired as a result of his or her acting on behalf of a client
except where this becomes necessary in the conduct of the affairs of that client, or
otherwise required by law. Furthermore, by virtue of this requirement, an advocate has
the same duty of confidentiality to a person who discusses with the advocate the
possibility of forming a client-advocate relationship, as the advocate does to clients, if the
advocate receives information from the prospective client that could be considered
significantly harmful. The advocate is therefore not be permitted to represent any clients
against the prospective client in the matter about which the advocate was consulted,
absent consent.
However, like every other general rule, the exception is provided for where:
a) It is Expressly or impliedly authorized by client. This maybe express where
the client duly waives the confidentiality and authorizes the lawyer to disclose.
It may also be implied authority where the client waives the confidentiality himself
for instance: he or she appears on a tv show and speaks freely about the subject.
b) Where it’s required by law. This is provided for under Regulation 7 of the
advocates professional conduct regulations. The same was enunciated in the case
of Larb (U) Limited & others vs. Greenland Bank (Liquidation) & Anor
High Court, Miscellaneous Application No. 420 of 2010
Also see the case of King Woolen Mills Ltd Vs. Kaplan &Station Advocates
(1990-94) I EA 244 where the learned judge stated that the knowledge acquired
by the advocate while acting for the client should be treated as confidential and
should not be disclosed to anyone else without that client’s consent and court
further affirmed that the fiduciary relationship still exists even after the termination
of the advocate-client relationship.
An exception can also occur where the client intends to use the legal advice for
accomplishing a criminal conduct or activity. See the case of In the British case
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of R vs. Cox and Railton (1884) 14 QBD 153 at pg.167 where Stephen J
cautioned that the attorney-client privilege cannot be used to protect criminal
communications. In Uganda this exception is provided for under Section 125 of
the Evidence Act, which allows for the disclosure of otherwise privileged
advocate-client communications and material when there is a communication
made for an illegal purpose or when the advocate observes a fact showing that a
crime or fraud has been committed by the client after representation has begun
- When the client uses the advocate-client relationship to malign the character
of the advocate.
DUTIES OF THE ADVOCATE TO THE CLIENT.

1. An advocate has a duty to accept briefs.
An advocate is bound to accept any brief in the courts or tribunals or before any other
authority in or before which he proposes to practice and this duty doesn’t preclude the
fact that an advocate should levy fees provided, they are at par with the Advocates
Professional Fees regulations.
2. Full and frank disclosure to the client.
An advocate should, at the commencement of his engagement and during the
continuance thereof, make all such full and frank disclosure to his client relating to his
connection with the parties and any interest in or about the controversy as are likely to
affect his client’s judgement in either engaging him or continuing the engagement.
3. Not charge depending on the success of matters.
An advocate should not charge for his services depending on the success of the matter
undertaken. He also shall not charge for his services as a percentage of the amount or
property received after the success of the matter.
4. Keep proper accounts.
An advocate should always keep accounts of the clients’ money entrusted to him. The
accounts should show the amounts received from the client or on his behalf. The account
should show along with the expenses incurred for him and the deductions made on
account of fees with respective dates and all other necessary particulars.
5.effective communication.
It is indeed erudite that communication is one of the most important aspects of the
advocate - client relationship as an advocate can’t render effective professional services
for the client unless there is full and unreserved communication in between them as it
creates a sense of trust and rapport.
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However, communication cannot be separated from confidentiality and privilege.
Privilege can be divided into two parts;
(1) Private; granted to the client in an advocate-client relationship.
(2) Official; This flows from the official status of the person, includes the privileges of
judges and Magistrates, public officers in connection with official
information e.g. A police officer can claim privilege in Court not to disclose
his source of information.
vii) Divert money from accounts.
An advocate should mention in his accounts whether any monies received by him from
the client are on account of fees or expenses during the course of any proceeding or
opinion. He shall not divert any part of the amounts received for expenses as fees without
written instruction from the client.
viii) Avoid conflict of interest at all times
ix) Shall charge such fees as reasonable on receiving the instructions at hand and guided
by the law on remuneration of advocates.
xii) Duty to provide competent representation to the client. This maybe through timely
work or advising clients in their best interests.
a. DUTY TO TOWARDS THE OPPOSING COUNSEL.
i. Not to negotiate directly with the opposing party.

An advocate shall not in any way communicate or negotiate or
call for settlement upon the subject matter of controversy with
any party represented by an advocate except through the
advocate representing the parties. This may also involve a duty
to refrain from threatening the opposing witnesses and bribing
them.

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ii. Carry out legitimate promises made.
An advocate shall do his best to carry out all legitimate promises made to the opposite
party even though not reduced to writing or enforceable under the rules of the Court.
iii) Should act cordial and professional in the discovery process and should not be
seen to use under handed methods in a bid to win cases.
iv) They should set aside personal prejudices and always remember that they are
non-parties to the case.
c. KEY DUTIES TO COURT.

i) . To educate clients about court processes in the process of promoting public
confidence in the administration of justice.
ii) Act in a dignified manner.
An advocate must at all times conduct himself with self-respect. However, whenever
there is a proper ground for a serious complaint against a judicial officer, the advocate
has a right and duty to submit his grievance to the proper authorities.
iii).Not communicate in private with a judge.
An advocate should not communicate privately to a judge regarding any matter pending
before the judge or any other judge. In addition, an advocate should not influence the
decision of a court in any matter using illegal or improper means such as coercion, bribes,
etc.
iv). Refuse to act in an illegal manner towards the opposition.
An advocate should refuse to act in an illegal or improper manner towards the opposing
counsel or the opposing parties. He shall also use his best efforts to restrain and prevent
his client from acting in any illegal, improper manner or using unfair practices in any
matter towards the judiciary, opposing counsel or the opposing parties.
(v). Refuse to represent clients who insist on unfair means.
An advocate shall refuse to represent any client who insists on using unfair or improper
means. An advocate shall excise his own judgment in such matters. He shall not blindly
follow the instructions of the client. He shall be dignified in the use of his language in
correspondence and during arguments in court.

17
He shall not scandalously damage the reputation of the parties on false grounds during
pleadings. He shall not use unparliamentary language during arguments in court.
v) Appear in proper dress code.

An advocate should appear in court at all times dressed in official capacity and if he or
she is to appear in the High Court, he must be fully robbed.
vi) Not to wear bands or gowns in public places.
An advocate should not wear bands or gowns in public places other than in courts for
instance: wearing a rob and a gown while in the market.
vii) To advise court on matters within his or her special knowledge.
viii) The duty not to interfere with the due process of court i.e. not to coach
witnesses.
It must be noted that the advocates duties to court supersede those to the clients.
d. KEY DUTIES TO OTHER ADVOCATES.

I) An advocate shall not accept a fee less than the fee, which can be taxed
under rules when the client is able to pay more.
An advocate shall not take a fee less than the fee, which can be taxed under rules
when the client can pay more. If the advocate accepts less than the prescribed fee,
then it shall be unethical and against the moral turpitude of the legal fraternity.
11). Consent of fellow advocate to appear.
An advocate should not appear in any matter where another advocate is already
representing a client unless he or she seeks consent of that other advocate.
ii) Not to allow any ill feelings between clients to influence his conduct toward the other
advocate or advocate’s client.
iii) Not to make discouraging remarks about another advocate. Offensive tactics
interfere with the orderly administration of justice and have no place in the legal system.
iv) Advocates should avoid any kind of criminal behaviour towards other
advocates.
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PROFESSIONAL MISCONDUCT.
S. 2 (k) of the Advocates Act defines “professional misconduct” to include
disgraceful or dishonourable conduct not befitting an advocate.
In Re A Solicitor Ex Parte the Law Society (1912) 1 KB 302, Darling J held that if
it is shown that an advocate in the pursuit of his profession, has done something which
would be reasonably regarded as disgraceful or dishonourable by his professional
brethren of good repute, then it is open to say he is guilty of professional misconduct.
Similarly, Lord Atkins in Myers v Elman [1940] AC 282, (1939) 4 ALL ER 484,
described misconduct as something which would reasonably be regarded as disgraceful
or dishonourable by solicitors of good repute—for example, willfully misleading the court
in the conduct of a case.
Section 16 of the Advocates Act provides that an advocate is an officer of court and
shall be subject to the jurisidiction of the High Court and the Disciplinary Committee.
Section 17 of the Advocates Act goes further to provide that courts have disciplinary
powers to deal with misconduct or offences by an advocate or any person committed
during the course of proceedings.
It must be noted that the Disciplinary Committee of the law council is established
under Section 18 of the Advocates Act and its mandate is stipulated under Section
21 of the same Act and is most particularly to entertain complaints against advocates
for professional misconduct which scope of professional misconduct is stated under the
Professional Conduct Regulations SI 267-2
Also, trite to note is the fact that the Uganda Law Council consists of
(a) A Judge, appointed by the Attorney General after consultation with the Chief Justice,
who is the chairperson of the Council, (b) The Solicitor General or his or her
representative, (c) The President of the Uganda Law Society; (d) The Director of the Law
Development Centre
Furthermore, Section 2 of the Advocates Act establishes the Law Council whose
functions are clearly stated under Section 3 of the same Act and under Section 3(d)
specifically, the Law Council has the mandate to exercise through the medium of the
Disciplinary Committee disciplinary control of advocates and their clerks.
Also, vital to note is that Regulation 31 of the advocates professional conduct
regulations provides that:

19
(1) Any act or omission of the advocate which is an offense under the
advocates Act shall be professional misconduct for the purposes of these
regulations.
(2) Any conduct of an advocate which in the opinion of the disciplinary committee,
whether the conduct occurs in the practice of the advocates professional or
otherwise is unbecoming of an advocate shall be a professional misconduct for
the purposes of these regulations.”
The above has a lineal effect of widening conduct which amounts to Professional
misconduct.
Needless to add is the fact that Section 74 of the advocates act lists a series of
disciplinary offences including:
i) Taking instructions in any case except from the party on whose behalf he or
she is retained or some person who is the recognized agent of that party within
the meaning of the Civil Procedure Act
ii) Misleading or allowing any court or officer of any court to be misled;
iii) Tendering or giving consent to the retention out of any fee paid or payable to
him or her for his or her services of any gratuity for procuring or having
procured the employment in any legal business of himself or herself or any
other advocate
iv) directly or indirectly procuring or attempting to procure the employment of

himself or herself or his or her partner or assistant as an advocate, through or
by the intervention of any person to whom remuneration for obtaining such
employment has been given by him or her, or agreed or promised to be so
given
v) accepting any employment in any legal business through a tout or employ a

tout as defined in section 75
vi) advertising in relation to his or her professional business, except as may be

permitted by regulations made by the Law Council
vii) under cutting fees. Etc.

20
It must be noted that Section 20 of the advocates Act provides for the
procedure for lodging Complaints against advocates and this
includes:
1. That a complaint against an advocate of professional misconduct may be made to

the Disciplinary Committee by the Law Council or by any person.
2. That 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.
3. The Disciplinary Committee shall give the advocate against whom the complaint is
made an opportunity to appear before it, and shall furnish him or her with a copy
of the complaint, and of any affidavit made in support of the complaint, and shall
give him or her an opportunity of inspecting any other relevant document not less
than seven days before the date fixed for the hearing.
4. 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 any allegations made against that advocate; but
the Committee shall hear the complainant before dismissing the complaint under
this subsection.
5. After hearing the complainant and the advocate to whom the complaint relates,
if he or she wishes to be heard, and considering the evidence adduced, the
Disciplinary Committee may order that the complaint be dismissed or, if of the
opinion that a case of professional misconduct on the part of the advocate has
been made out, the committee may order
(a) that the advocate be admonished;
(b)that the advocate be suspended from practice for a specified period not
exceeding two years;
(c) that the name of the advocate be struck off the roll;
(d) that the advocate do pay a fine not exceeding two hundred and fifty currency
points;

21
d) that the 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.
e) The Committee may make such combination of the orders referred to in subsection
(4) as the Committee thinks fit.
It must be noted that an order made under paragraph (d) or (e) of subsection (4)
shall be taken to be a decree of the High Court and shall be enforced as if it were
an order of the High Court
Furthermore, is the fact that where a sole practitioner has been suspended from
practice or struck off the Roll, the Law Council—
(i)may order the closure of the practitioner's chambers;
And
(ii)shall appoint a trustee to take care of the interests of the practitioner's clients
and the pending matters of the practitioner
The Disciplinary Committee may make any such order as to payment by any party
of any costs or witness expenses and of the expenses of the committee in
connection with the hearing of any complaint as it may think fit.
The Disciplinary Committee may also order any advocate against whom a case of
professional misconduct has been made out to restore any property in his or her
possession or under his or her control to the person appearing to the committee
to be entitled to the property.
APPEALS AGAINST ORDERS OF THE DISCIPLINARY COMMITTEE.

Any party aggrieved by any order of the Disciplinary Committee made under section
19 of this Act may, within fourteen days after the receipt by that party of the notice to
be given to that party under section 20 of this Act, appeal against the order to the
High Court by giving notice of appeal to the Registrar and shall file with the Registrar a
memorandum setting out the grounds of the appeal within thirty days after the giving by
that party of the notice of appeal
The High Court shall set down for hearing any appeal filed under subsection (1) of this
section and shall give to the parties to the appeal and the Law Council not less than
fourteen days’ notice of the date of hearing.
Pending an appeal under subsection (1), if the Disciplinary Committee has ordered
the appellant advocate’s name to be struck off from the roll or has suspended his or her
22
right to practice, the advocate shall not be entitled to practice except in the case where
his or her right to practice has been suspended and the period of suspension lapses
before the hearing of the appeal, in which event he or she shall be entitled to practise
after the period of suspension has expired.
A CASE IN POINT OF PROFESSIONAL MISCONDUCT.

Shell and 9 ors v Muwema SCCA NO.02 OF 2013 At the hearing of M/A
645/2010 . In this case, Mr. Muwema objected to this mode of proceeding arguing that
the court was under obligation to dispose of the preliminary points before proceeding to
the appeal. Mulyagonja J ruled that the appeal proceeds on its merits and that the
preliminary points of law would be dealt with in her judgment.
Mr. Muwema then made an application that the judge disqualify herself because she was
biased. At some point during the submissions the application degenerated into a personal
affront in which according to court, Mr. Muwema treated the judge like a criminal or
witness under cross examination as follows: “Muwema; ….You are not a proper judicial
officer to continue hearing this matter. Tumusiime; I wish to interject. The manner in
which my learned friend is addressing court is not proper. Court; Let him have his day in
court. He is a party to the suit, not just counsel. Muwema; I put it to you that you are
not the proper judicial officer to hear this matter. Court; It seems I am on trial here.
Mr.Muwema, are you now cross-examining me? Muwema; No I am not.(He continues in
an accusatory manner.)Even the ruling that you have just read appears to have been
pre-written….”
Court agreed with the trial judge that this was an unfortunate occurrence in which a
judge’s jurisdiction and competence were challenged in a fully packed court room in an
embarrassing manner and without any warning. Considering the professional misconduct
displayed by Mr. Muwema both in the judge’s chambers and open court room, the judge
had the power to discipline Mr. Muwema as an advocate under Section 17 of the
Advocates Act and the learned justice was right to suspend him from her court until
disciplinary proceedings before the Law Council were heard to their final conclusion as
the procedure stipulates in Sections 20 to 25
Also vital to note is the case of Stephano Ddungu Vs Sulaiman Musoke 2006
wherein counsel pocketed money meant to compensate clients and he was faulted by the
disciplinary committee for failure to follow / implement the clients instructions and
embezzlement of clients funds which acts all amounted to professional misconduct.
COMMENTARY WRITTEN BY GUKIINA PATRICK.M

gukiimeni@gmail.com.
23

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Professional Conduct in Uganda Summarised

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A DEMISTIFIED COMMENTARY ON ADVOCATES

PROFESSIONAL CONDUCT IN UGANDA.

(LLB (HONS.), Dip. LP.LDC, LLM GEN.FLW)

AHIMBISIBWE INNOCENT BENJAMIN.

AFRICA INTERNATIONAL AWARD-WINNING LAWYER.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

WITHDRAWAL AND TERMINATION OF INSTRUCTIONS ........................................................ 7

RECUSAL OF JUDICIAL OFFICERS ..................................................................................... 12

DUTIES OF AN ADVOCATE ............................................................................................... 13

DUTIES TO THE CLIENT................................................................................................... 13

CONFIDENTIALITY AND PRIVILEGE. ................................................................................. 13

DUTY TO TOWARDS THE OPPOSING COUNSEL .................................................................. 16

PROFESSIONAL MISCONDUCT. ......................................................................................... 19

APPEALS AGAINST ORDERS OF THE DISCIPLINARY COMMITTEE ......................................... 22

A CASE IN POINT OF PROFESSIONAL MISCONDUCT ........................................................... 23

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

THE ESTABLISHMENT OF THE ADVOCATE- CLIENT RELATIONSHIP.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

WITHDRAWAL AND TERMINATION OF INSTRUCTIONS.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

Non -payment of fees

Withdrawal initiated by an advocate.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

b) Where the client is guilty of dishonourable conduct of the proceedings or taking a

D) Where the advocate is not competent to handle the matter

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

DUTY FOLLOWING WITHDRAWAL.

d) Properly render an account for outstanding fees and disbursements.

e) To cooperate with succeeding advocate so as to minimize destruction, delay and

GUIDING PRINCIPLES UNDER THE ADVOCATE-CLIENT RELATIONSHIP.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

RECUSAL OF JUDICIAL OFFICERS

“With regard to an application for a judge to recuse himself from sitting on a

“…. The usual procedure in applications for recusal is that counsel

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

In the event of recusal being refused by the judge the applicant

4. DUTIES TO THE CLIENT.

CONFIDENTIALITY AND PRIVILEGE.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

DUTIES OF THE ADVOCATE TO THE CLIENT.

a. DUTY TO TOWARDS THE OPPOSING COUNSEL.

i. Not to negotiate directly with the opposing party.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

c. KEY DUTIES TO COURT.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

v) Appear in proper dress code.

d. KEY DUTIES TO OTHER ADVOCATES.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

ii) Misleading or allowing any court or officer of any court to be misled;

iv) directly or indirectly procuring or attempting to procure the employment of

v) accepting any employment in any legal business through a tout or employ a

vi) advertising in relation to his or her professional business, except as may be

vii) under cutting fees. Etc.

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

1. That a complaint against an advocate of professional misconduct may be made to

2. That Upon receipt of a complaint, the Secretary to the Disciplinary Committee

COMMENTARY BY GUKIINA PATRICK MUSOKE, LAWYER, WRITER, AUTHOR, RESEARCHER,

APPEALS AGAINST ORDERS OF THE DISCIPLINARY COMMITTEE.

A CASE IN POINT OF PROFESSIONAL MISCONDUCT.

COMMENTARY WRITTEN BY GUKIINA PATRICK.M

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