Question One.

Assume you have just graduated from Makerere University with a strong upper secondary
Honor’s degree of a bachelor of law (LLB). with your good resume, the Uganda Law Reform
Commission (ULRC) has commissioned you to undertake a research study and advise the
commission on the adequacy and appropriateness of the (Uganda) Advocates Act 2002 (as
amended). In a detailed and well-researched memorandum, advise ULRC on any possible
reforms. Justify why you propose the said reforms.
Memorandum to the Uganda Law Reform Commission (ULRC)

To: The Uganda Law Reform Commission (ULRC)

From: Kushaba Collins, Graduate, Makerere University Law School

Date: 2024-02-16

Subject: Adequacy and Appropriateness of the Advocates Act 2002 (as amended) - Proposed
Reforms

Introduction

The Uganda Law Reform Commission was established by Article 248 (1) of the Constitution
of the Republic of Uganda (19951 that there shall be a Law Reform Commission for Uganda
the composition and functions of which shall be prescribed by Parliament by law and the
specific operational details are provided in the Uganda Law Reform Commission Act (Cap
25), their mandate is to study and keep under constant review the Acts and other laws
comprising the Laws of Uganda. It is a privilege that the ULRC has engaged me to conduct
the study and provide advice on the (amended) Uganda Advocates Act of 2002.2 This brief
provides my analysis of the Act's appropriateness and adequacy after a thorough assessment,
along with suggestions for possible revisions.
Analysis of the Advocates Act 2002

The Advocates (Amendment) Act, 2002, of Ugandan law amends the Advocates Act of
1970 to facilitate easier access to the Uganda Bar. This is achieved by modifying both the
required qualifications for entry and the application procedures. The Act also establishes a
Committee for Legal Education and Training, tasked with overseeing and regulating
professional legal education in the country. Moreover, it revises the existing sanctions and
penalties for misconduct by advocates, along with addressing other relevant matters.
It was promulgated on November 29th, 2002, and the Act officially came into effect on December
10th, 2002. The Act is structured into nine parts, encompassing a total of 83 sections. Then, three
schedules are included, each serving a specific purpose and complementing the content of the
sections. While the Act has served its purpose for many years, certain aspects require
reevaluation due to evolving legal and societal landscapes.
Some of the strengths of the include;

Section 2 of the Advocates Act establishes the Uganda Law Council (ULC) which is the overall
regulatory body for advocates and law clerks in Uganda. It is also charged with the regulation of legal
aid service providers under the Advocates3 (Legal Aid to Indigent Persons) Regulations.

Section 8 (2) of the Act clearly states any person eligible to have his or her name entered on the Roll
may make an application to the Law Council, and the Law Council, if satisfied that the applicant is so

1
The Constitution of Uganda, 1995
2
Uganda Reform Commission Act, Cap 25.
3
World Bank Legal Vice Presidency. (2009). Uganda Legal and Judicial Sector Study Report [World
Bank document]
eligible and is a fit and proper person to be an advocate, which outlines other requirements to be
fully enrolled as an advocate.

The Act sets ethical standards for advocates, promoting professional conduct for example section 18
of the Advocates calls for the establishment of the Disciplinary Committee. Sections 19, 20, and 21 of
the Act provide a process for disciplining advocates who violate ethical standards.

The Act has some weaknesses which may include; The Act has insufficient coverage which primarily
focuses on legal practice in courts, neglecting the growing trend of advocates specializing in non-
litigation and corporate laws for example Advice, drafting & and reviewing business and commercial
contracts, which are on the market trend.4

Part IV of the Advocates Act highlights the Discipline Of Advocates and Clerks, their lengthy and
convoluted disciplinary procedure may discourage complaints and impede the timely resolution of
misbehavior.

There is inadequate representation, the Act does not ensure diverse representation in the legal
profession, especially on the Uganda Law Council which is established by Section 2 of the Advocates Act,
2002 (as amended) and potentially limits different perspectives, experiences, and voices in the legal
decision-making process.

The Advocates Act of 2002 (as amended) lacks technological provisions for utilizing technology in
legal practice and deploying technology with our existing systems, especially artificial intelligence
applications which I think potentially hinder efficiency and accessibility.

Some of the proposed reforms

Based on the analysis of the weaknesses that have been highlighted, I would propose to the
commission the following reforms;

I propose that the Act should be expanded to recognize and regulate the practice of law beyond
litigation, including arbitration, mediation, and corporate legal services of which profession is large
that would need the Advocates to accommodate practicing lawyers to either litigation or non-
litigation.5 This also calls for establishing specialized categories of advocates with specific
qualifications and training for non-litigation areas as well.

Modernization of the existing disciplinary processes to ensure swift and fair resolution of
complaints under section 18, I propose that be amended to suit a modern process. Section
19 of the Advocates Act (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 any allegations made against that advocate; but the Committee shall hear the complainant
before dismissing the complaint. In such circumstances, the Act should add a subsection for
transparency by making disciplinary proceedings accessible to the public. In the case of Ntege
Mayambala V Christopher Mwanje High Court Civil Appeal No. 72 of 1991. This was an appeal
against a ruling of the Legal Disciplinary Committee made by complaint to them by Christopher
Mwanje (purchaser/ respondent) wherein the Appellant (landlord’s advocate), on the vendor’s

4
Noonan, J. T. (1965-1966). The purpose of advocacy and the limits of confidentiality. Columbia Law Review,
64, 1485-1522
5
Mehta, D. (2020, June 30). Litigation v. Non-litigation - A Law Student's Dilemma answered. M Mulla
Associates. [Link]
instructions, drafted a land sale agreement for the respondent and the vendor (landlord), and at the
request of the respondent, received part of the selling price on behalf of the landlord.

The Uganda Law Council should be empowered to impose wider sanctions on professional
legal education The Advocates Act 2002 in section 3 gives authority to Law Council 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 practice law in Uganda’

The catchwords here are general supervision and control, plain reading of section 3 of the
Advocates Act first enacted way back in 1970 and amended in 2002, the Committee is
empowered by law to supervise professional legal education, i.e., professional training at
Law Development Centre and Continuing Legal Education for advocates in practice, in case
of e in HC Civil Application No. 589 of 2005 Pius Niwagaba v Law Development Centre
6
(unreported) by Justice Okumu Wengi. Niwagaba was denied entry to LDC because the Law
Council Committee on Legal Education had not recognized Uganda Pentecostal University.
Citing World Bank-funded report on Legal education in Uganda (1995) by Justice Odoki, the
learned judge found that Justice Odoki report made it clear legal education and training
recognizes the training of a lawyer consists of three stages. Pamela Kalyegira in her book
‘Liberalization of Legal Education in Uganda’, published by Law Africa7, legal education in Uganda,
the consensus was that it had a final say for both undergraduate and professional legal education.
This point is important because it shows that the Advocates Act is silent on the role of the Law
Council in undergraduate law programs and its perceived role is based on consensus. A role based on
consensus has no force of law which should amended in section 3 of the Advocates Act.

6
Niwagaba Vs Law Development Centre (Ciivil Application No. 18 of 2006) [2006] UGCA 48 (4
September 2006)
7
Tibihikirra-Kalyegira, P. (2010). Liberalization of legal education in Uganda: Policy considerations. Kampala,
Uganda: LawAfrica Pub.