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.
To become an Advocate in Uganda there are procedures to be followed and prerequisites to be fulfilled.
The process of becoming an Advocate in Uganda is regulated by the Advocates Act (Enrollment and Certifications) Regulations and the Advocates Act Cap 267.
In this article, you will learn the procedure for how to become an Advocate in Uganda.
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The process of becoming an Advocate in Uganda is basically broken down into the following steps;
- Application for the Certificate of Eligibility from the Law Council
- Application for Enrollment on the Roll of Advocates.
The process goes on to be broken down further into other steps as discussed below.
Procedure For Becoming an Advocate in Uganda
#1. Application for the Certificate of Eligibility to the Law Council
The Law Council is one of the sects in the Ministry of Justice and Constitutional Affairs charged with the duty of exercising disciplinary control over Advocates and their Clerks.
Regulation 4 of the Advocates (Enrollment and Certifications) Regulations
To become an advocate in Uganda, one must apply to the Law Council for a Certificate of Eligibility.
The applicant needs to provide legal education documents, a degree from a recognized institution i.e University, and a diploma of law from the Law Development Centre.
The applicant will also need testimonials from two advocates who have been on the roll for at least three years assuring that the applicant is a fit and proper person to become an advocate.
Additionally, the applicant must not have any legal criminal proceedings pending or present against you concerning moral misconduct at the time of application. (Regulation 4(1)(e))
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#2. Advertisement of the Applicant's Certificate of Eligibility in the Uganda Gazette
Regulation 6 provides that the advertisement showing that the applicant, together with others, is applying for a certificate of eligibility is made by publication in the Uganda Gazette.
#3. Notification of the Applicant of the decision of the Law Council
The applicant is notified of the decision of the Law Council in respect of their application.
Upon successful consideration, the applicant is then issued with the Certificate of Eligibility.
Also Read: The Doctrine of Judicial Precedent
#4. Application for Enrollment on the Roll of Advocates of Uganda
(Regulation 8)
Upon receiving the Certificate of Eligibility, the applicant shall petition the Chief Justice praying that their name is entered on the Roll of Advocates of Uganda.
The applicant's petition must be accompanied by the certificate of eligibility provided by the Law Council, the necessary education documents, professional skills or qualification documents, and testimonials from two Advocates whose names have been on the roll for at least three years.
#5. Advertisement of the Application for Enrollment of the Roll of Advocates in Uganda
The applicant's name is to be run in the Uganda Gazette, indicating that the applicant is aspiring to enter their name on the Roll of Advocates in courts of Uganda. (Regulation 9)
#6. Notification of the Applicant of the decision of the Chief Justice
Upon the decision of the Chief Justice, the Registrar delivers and notifies the applicant of such decision of the Chief Justice in relation to the applicant's prayer of being enrolled on the roll of Advocates.
#7. Receiving the Certificate of Enrollment
Regulation 11 provides that after the applicant's name has been accepted by the Chief Justice to be entered on the roll as an Advocate in Uganda, the applicant then receives a Certificate of Enrollment signed by the CJ.
The Advocate also has to appear before the Registrar to sign the Certificate of Enrollment at the High Court.
Receiving a Certificate of Enrollment concludes the procedure for becoming an Advocate in Uganda.
To practice law, one has to apply for a Practising Certificate to be eligible.
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Requirements for Enrollment as an Advocate in Uganda
- Obtaining a Bachelor of Laws (LLB) degree or its equivalent from a recognized University.
- Completing a one-year postgraduate Diploma in Legal Practice from the Law Development Centre (LDC) in Uganda.
- Submitting an application for enrollment as an advocate to the Uganda Law Council.
- Paying the requisite fees for enrollment and obtaining a certificate of enrollment.
- Completing a six-month pupilage under the supervision of a senior advocate or a judge of the High Court.
- Taking an oath before the Chief Justice or another authorized Judicial officer.
- Obtaining a practicing certificate from the Uganda Law Council.
Practicing Law in Uganda
If one wishes to practice law in Uganda, one must apply for a Practising Certificate. An application for a PC must be supported by a statutory declaration on oath and follow the conditions set out in Section 12(1) of the Advocates Act Cap 267.
In addition, a fee is to be paid as specified in the Third Schedule of the Advocates (Regulations and Certifications) Act.
It should be noted that Advocates are categorized into two; i.e., New Advocates and Old Advocates.
According to Regulation 13, the New Advocates are only allowed to appear before Magistrate courts (where they have a right of audience) for a period of at least nine months before applying for the renewal of their Practicing Certificate to practice in higher courts of Uganda.
After completing the nine months of practicing law in Magistrate Courts, the New Advocate is then issued a Practising Certificate.
After this period, the New Advocate is no longer referred to as "New" but becomes Old Advocate.
Conclusion
Summing up, in this article, I have listed the procedure one has to follow to become an Advocate in Uganda based on the provisions of the law.
The process of becoming an Advocate in Uganda is regulated by the Advocates Act Cap 267 and the Advocates (Enrollment and Certifications) Regulations Act.
In a nutshell, one has to apply for a Certificate of Eligibility from the Law Council. Once accepted, then apply for Enrollment on the Roll of Advocates.
If an Advocate wishes to practice law, they have to apply for a Practicing Certificate, and practice law in the Magistrate Courts for not less than nine months to be issued with a Practicing Certificate.
After receiving the Practicing Certificate, an Advocate can then practice law in higher Courts of Uganda.
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