CONFIDENTIALITY AND PRIVILEGE IN THE UGANDAN LEGAL

PROFESSION

Confidentiality is defined to mean the relation between a client and their

lawyer that is characterized by trust and a willingness to confide in the
other.

This duty of confidentiality means they cannot share details about a

client’s business or personal affairs unless the client allows it or the law
requires it. Breaking this rule can lead to disciplinary action.

In the case of Greenough v. Gaskell 1833, Lord Chancellor Brougham

emphasized the importance of legal professional privilege, stating that it
exists to ensure justice by allowing clients to consult legal experts freely
and confidentially. Without this privilege, individuals might hesitate to seek
legal advice or might withhold crucial information from their lawyers,
fearing exposure. This principle underscores that the privilege belongs to
the client, not the lawyer, and is essential for the proper administration of
justice.

Confidentiality In Uganda

In Uganda, the law on confidentiality is clear. Regulation 7 of the

Advocates (professional conduct) Regulations S 1 267 states that
advocates must keep their clients’ information private and not share it
unless it’s necessary for the client’s case or required by law.

In the case of King Woolen Mills Ltd & Another v. Kaplan & Straton
Advocates [1990-1994]1 EA 244 it was established that the relationship
between a lawyer and client is based on trust, meaning the lawyer must
keep any information learned during their work confidential, even after the
case is over. This applies even if the lawyer represents multiple clients in
the same case.

Regulation 7 outlines two exceptions to this rule:

1. Necessity: The lawyer can share information if it’s needed to handle the
client’s affairs.

2. Legal Requirement: If the law demands the information be disclosed,

the lawyer must do so. It’s important for lawyers to understand when and
how the law might require disclosure.

LIMITS ON ADVOCATE CLIENT- RELATIONSHIP.

 When the Client is Misleading the Court

In Uganda, if a client is misleading the court, the lawyer must take action.
This duty is more important than the advocate-client confidentiality, and in
some cases, the lawyer may need to break confidentiality to correct the
misleading information.

Regulation 16 of the Advocates (Professional Conduct) Regulations

states that if a lawyer learns that someone has lied in an affidavit or given
false evidence, the lawyer must inform the court about it. This is a clear
exception to the usual rule of confidentiality.

 When there is a mandatory provision in a criminal statute.

In some countries, like the United Kingdom, certain laws require lawyers to
report suspicious criminal activities, such as tax evasion, if they believe it
has led to financial gain.
For example, the Proceeds of Crime Act, 2002, obligates solicitors to
report their suspicions to authorities. However, Uganda does not have
similar laws that require lawyers to report such activities.

A pertinent case illustrating this duty is P v P [2008] EWHC 1530 (Fam).

In this case, the court addressed the issue of solicitors’ obligations under
POCA when they suspect that assets involved in divorce proceedings may be
the proceeds of crime. The court held that solicitors must make a disclosure
to the NCA if they suspect that the assets are criminal property, even if this
means breaching client confidentiality.

 In Order to Prevent a Client from Using Legal Advice to

Accomplish a Criminal or Fraudulent Act

Advocate-client privilege can be waived if a client uses legal advice to

commit a crime or fraud. In the British case R v Cox and Railton(1884)
14 QBD 153 it was emphasized that the privilege does not protect
communications made for criminal purposes.

In Uganda, Section 125(b) of the Evidence Act Cap 8 allows for the
disclosure of communications or facts observed by an advocate that show a
crime or fraud has been committed during their representation of the client.
This exception helps prevent the misuse of legal services to further illegal
activities.

 Where a Client Brings a Civil, Criminal or Disciplinary Action

against the Client’s Advocate
In many places, lawyers have the right to defend themselves if a client
makes allegations about their work. This exception to confidentiality allows
a lawyer to present evidence from the advocate-client relationship if the
client is suing or accusing the lawyer of misconduct. While this exception
isn’t specifically mentioned in Uganda’s Advocates (Professional Conduct)
Regulations or the Evidence Act, Sections 125 and 128 of the Evidence
Act may allow a court to permit the lawyer to share confidential information
if the client raises issues about the lawyer’s conduct. This could be seen as
a waiver of the lawyer’s duty of confidentiality

 Where the Client Waives Confidentiality

A client has the right to waive confidentiality since the privilege belongs to
them. Waiver can be express (clearly stated) or implied through actions,
such as sharing confidential information with others. If a client voluntarily
waives confidentiality, the lawyer cannot insist on keeping it secret.
However, lawyers should always assume confidentiality unless it is clearly
waived. In Uganda, lawyers cannot disclose client information outside of
court based on waiver alone, as this is not an exception under Regulation 7
of the Advocates (Professional Conduct) Regulations. The only legal basis
for waiving confidentiality is found in Section 125 of the Evidence Act.

 Where the advocate is required to make disclosure by court

order

In Uganda, Regulation 7 of the Advocates (Professional Conduct)

Regulations allows disclosure when required by law. This means that if a
court orders a lawyer to reveal client information, they must comply, but
only after ensuring all legal protections have been considered.
What are the main weaknesses in the current Advocates Act and
Professional Conduct Regulations, and how can they be improved to
protect clients and promote fairness in the legal profession?

Disciplinary Committee Lacks Openness Sections 25 of the Act

establishes the disciplinary committee with its role being to regulate and
enforce professional conduct among advocates by handling complaints and
taking disciplinary action against misconduct. The committee can handle
complaints privately. There’s no requirement to inform the public about
outcomes. This reduces trust in the legal system. People think complaints
are ignored.

• Solution: Amend the law to require all decisions to be published on

official websites and newspapers for accountability.

Fines Are Too Low to Deter Misconduct Schedule 1, where 1 currency

point = UGX 20,000.
By Section 27(5)d the highest fine is 250 currency points (UGX 5 million),
which is too low for serious offenses.. Some lawyers make millions from
misconduct, so a small fine is not scary.

• Solution: Increase the maximum fine to 1,000 currency points and make
lawyers pay back clients who suffer.

No Strict Monitoring of Client Funds Regulation 8 Advocate to account

for money of a client.
Lawyers are only asked to self-certify their accounts once a year. Some
lawyers may lie or hide

client money misuse.

• Solution: Introduce random audits by external professionals, and require

law firms to submit their accounts to the Law Council.

Old Advertising Rules Don’t Match Today’s World Regulations 25 of

the Professional Conduct Regulations. Advocate not to advertise his or her
name, Most advertising is banned, even simple websites. But i still happens.
Good lawyers can’t market their services, but bad ones find loopholes.
• Solution: Allow honest advertising online (like websites or social media),
but keep banning lies and paid touts.

Important Words Are Not Clearly Defined : Section 1 of the

Advocates Act; Regulation 30.

Terms like “professional misconduct” and “unbefitting trade” are vague.

Different people interpret them differently, which leads to unfair
punishments.

• Solution: Amend the law to clearly define key terms and create levels of
punishment depending on the seriousness.
Harsh Punishment Even for Honest Mistakes : Section 44 of the
Advocates Act.Even small errors in accounting are punished severely,
without looking at the intent. Lawyers who make simple mistakes are
treated like criminals.

• Solution: Introduce tiered penalties: give warnings or training for small

mistakes, and save harsh penalties for serious misconduct.

Law Council and Disciplinary Committee Are Understaffed Sections

2, 25 of the Advocates Act. These bodies don’t have enough workers or
money to handle cases quickly. Thus Cases take too long to conclude.

• Solution: Government should increase funding and staffing to help them

work efficiently and quickly.

Appeal Process Is Long and Complicated: Section 29 of the

Advocates Act. Allows advocates to appeal against decision of disciplinary
committee People who are unhappy with committee decisions must appeal
to the High Court. High Court processes are slow and expensive.

• Solution: Create a simpler and faster appeal mechanism, possibly

through an online or tribunal system.

Complaint System Is Too Complex for the Public: Section 27 of the

Advocates Act. Allows public to make complaints against the accused
advocate Filing a complaint requires legal knowledge and exposure
Ordinary people are scared or confused and don’t report lawyer
misconduct.
• Solution: Develop a user-friendly online complaint portal with
instructions in plain language (and local languages).

Foreign Advocates Escape Discipline Section 27 of the Advocates

Act. Uganda only acts on foreign discipline if there’s a bilateral agreement.
Disciplined lawyers from other countries may come to practice in Uganda
without restrictions.

• Solution: Amend the law to automatically recognize discipline from

trusted common law countries (like Kenya, UK).

Public Is Unaware of Their Rights. General duty is tto protect the

public. Many Ugandans don’t know they can report lawyers or what steps to
take Misconduct goes unreported, and justice is denied.

• Solution: Run public awareness campaigns on radio, TV, and social media
to teach people about their rights.

Uganda’s pro bono system, under Section 23 of the Advocates Act, has
key problems. Most services are in towns, leaving rural people without help.
Many lawyers don’t follow the rules, and there’s no strong way to check.
Lawyers also pay not to perform pro bono, which discourages probono . A
good solution is to pass pro bono as a mandate
Trace the origin of the Equity Doctrine and explain how Legal Ethics
came to exist in the legal profession and how they have improved the
services of legal practitioners in Uganda. Support with decided
cases and statutory provisions

Origin of the Equity Doctrine

The doctrine of equity originated in medieval England to mitigate the

rigidity of the common law. Under the English legal system, courts
administered justice based strictly on the writ system and legal formalism.
Remedies like damages were limited and often inadequate. Litigants who
failed to secure justice in common law courts petitioned the King for relief
based on fairness and conscience. This led to the creation of the Court of
Chancery, which applied equitable principles such as: He who comes to
equity must come with clean hands.
The landmark case Earl of Oxford’s Case (1615) confirmed equity’s
supremacy over common law where the two conflict. The Judicature Acts
of 1873–1875 later fused the administration of common law and equity,
though equity retained its unique principles.

Reception in Uganda

The doctrine of equity was brought into Uganda through the 1902 Order in
Council. This law allowed English legal principles—like common law,
equity, and general statutes—to apply in Uganda from August 11, 1902. It
also included a rule (the Repugnancy Clause) that said customary laws
could only be used if they were not against fairness, justice, or good
conscience.

Today, the Judicature Act (Cap. 16), particularly Section 14(2)(c),

codifies equity as a source of Ugandan law. Moreover, Article 126(2)(e) of
the 1995 Constitution of Uganda mandates courts to administer
substantive justice without undue regard to technicalities. This elevates
equitable principles to a constitutional level.

In Uganda Association of Women Lawyers v Attorney General

(Constitutional Petition No. 2/2003): The Court applied equitable
reasoning to invalidate discriminatory customary law provisions, affirming
that equity can override customary norms inconsistent with constitutional
values.

• Stephen Mabosi v URA (1995): The Court prioritized substantive justice

over procedural technicalities, illustrating the practical application of
Article 126(2)(e).

Emergence and Development of Legal Ethics in Uganda

Ethics are basic rules about right and wrong that guide how people behave
in daily life. Legal ethics are special rules for lawyers and judges to help
them act honestly, keep client secrets, and treat everyone fairly in the legal
system. Eg confidentiality In King Woolen Mills Ltd & Another v.
Kaplan & Stratton Advocates [1990–94] EA 244 (Kenya) This landmark
case emphasized the fiduciary duty of confidentiality between a lawyer and
their client. The court held that information obtained by an advocate during
the course of representation must not be disclosed without the client’s
consent, reinforcing the principle of client confidentiality

Legal ethics in Uganda took shape in the 1970s after the Gower Report
raised concerns about poor standards. The Law Development Centre and
the Law Council introduced the Advocates (Professional Conduct)
Regulations, under the Advocates Act,. These set rules on how advocates
must relate with clients, courts, fellow lawyers, and the public. To practice,
one needs a law degree, a Diploma in Legal Practice from LDC, and must
meet Sections 12–15 of the Advocates Act on admission to the the roll of
advocates..

Legal ethics became central to legal training and regulation in Uganda. The
Law Development Centre’s Bar Course now includes an ethics module.
Uganda adopted the Bangalore Principles of Judicial Conduct (2002) into its
Code of Judicial Conduct. In 2009, the Advocates (Pro Bono Services to
Indigent Persons) Regulations, , mandated all advocates to provide 40 hours
of free legal service annually. The Law Council, established under Section 2
and empowered by Section 3 of the Advocates Act, oversees legal
education, legal aid, and professional discipline through its Disciplinary
Committee.

Previously, the High Court in Uganda handled disciplinary issues, especially

when misconduct occurred in court. However, due to delays and lack of
specialization, reforms were introduced to improve the disciplinary process.
Now, disciplinary matters are mainly handled by the Law Council’s
Disciplinary Committee, which has concurrent jurisdiction with the courts
under Sections25 of the Advocates Act. Its members include the Solicitor
General, Director of LDC, President of the Uganda Law Society, and two
elected advocates. They handle complaints, enforce sanctions such as
reprimands or striking off, and allow appeals to the High Court under
Sections 29. This change made the system more efficient, professional, and
trusted.

How Legal Ethics Have Improved Legal Practice in Uganda

Constitutional Support for Fairness The 1995 Constitution sets the tone
for ethical legal practice. Article 126(2)(e) says justice should be
delivered without being hindered by technicalities Uganda Revenue
Authority v. Stephen Mabosi, Civil Appeal No. 26 of 1995 [1996]
UGSC 16 (20 September 1996) Court allowed a late appeal, prioritizing
justice over deadlines. FIDA (U) v. Attorney General 2003: Gender
equality upheld despite technical objections.

Enhanced Accountability and Discipline The Disciplinary Committee in

S25 of the Law Council in Section 2 handles complaints of misconduct. For
example, disciplinary action has been taken against advocates for acts such
as client exploitation or misappropriation of funds.

Section 27(5)(c) of the Advocates Act permits the striking off of advocates
from the roll for gross misconduct—what Ogoola refers to as “professional
excommunication”

Professionalism in Advocate-Client Relations Confidentiality, and

competent representation are central to a healthy advocate-client
relationship. These are now not just ethical suggestions but enforceable
standards under the Advocates (Professional Conduct) Regulations.
Regulation 7 of the Advocates (Professional Conduct) Regulations. This
provision expressly requires 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.

Improved Access to Justice The Legal Aid Act and Advocates (Pro Bono
Services to Indigent Persons) Regulations ) require advocates to offer 40
hours of free legal service annually (Section 23 of the Advocates Act) .
This has expanded access to justice for marginalized groups.Pro bono work
is not just a duty; it reinforces public trust and ensures that legal
representation is not a preserve of the rich.

Ethics Applied Through Case Law Courts have consistently used ethics
to guide decisions. Serapio Rukundo v. Attorney General,
Constitutional Petition No. 3 of 1997 Human rights claims shouldn’t fail
due to small errors.

Equitable Doctrines That Promote Fairness Estoppel: Prevents parties

from going back on their word if it causes injustice (based on High Trees
case).

• Trust Law:

• Succession Act and Public Trustee Act: Trustees must act in the best
interest of beneficiaries.
Explain the following terms used in the legal profession.
1. Legal Ethics.
2. Professional Conduct vis-a-vis professional misconduct.
3. Morality.
4. Disbursement.
5. Professional negligence by an Advocate

6. Uganda Law Society

7. Client's instructions to an Advocate.

Support your explanations with statutory and case law where

applicable.

Legal Ethics
Legal ethics encompasses the set of moral principles, values, and
professional standards that govern the behavior of advocates. It is the
internalized discipline that guides how lawyers interact with clients, the
courts, their peers, and society at large.

According to the Act section 1(a), is a person whose name is officially

listed on the Roll. For certain parts of the Act, it also includes people
mentioned in Section 11, those allowed to practice under Section 16(6), and
anyone who does legal work, claims to be, or acts like an advocate.

The Act also empowers the regulatory bodies—including the Law Council in
Section 2 and its Disciplinary Committee in Section 25—to enforce ethical
standards. For example, relevant sections such as those in Section 27 (5)
provide that an advocate may be struck off the Roll for gross misconduct,
reflecting the seriousness with which ethical breaches are treated.

Notably, Regulation 7 clearly states that an advocate must not reveal any
information gained while representing a client, unless it is needed to handle
the client’s matters or required by law. This shows how the duty of
confidentiality becomes a strict, enforceable rule, not just a moral duty.

In the case of King Woolen Mills Ltd & Another v. Kaplan & Straton
Advocates [1990-1994]1 EA 244 it was established that the relationship
between a lawyer and client is based on trust, meaning the lawyer must
keep any information learned during their work confidential, even after the
case is over. This applies even if the lawyer represents multiple clients in
the same case.

Professional Conduct vis-à-vis Professional Misconduct

a) Professional Conduct:
Professional conduct refers to the behaviors and practices that an advocate
must observe to meet the accepted ethical and legal standards. It is the
positive set of obligations that ensure

In M/S Akampumuza & MO kiCo. Advocates & Another v D/SSP

Zarugaba Tinka Ignatius & Another [Misc. Cause No. 35 of 2023,
High Court at Kampala], Justice Ssekaana quashed a police summons that
sought to compel advocates to disclose client communications. He held that
Regulation 7 “forbids an advocate from disclosing … any information
obtained … on behalf of a client,” confirming that confidentiality is an
absolute, enforceable duty.

For example, Regulation 2 of the Advocates (Professional Conduct)

Regulations stipulates that an advocate may not act for any person unless
they have received proper instructions from the client or the client’s
authorized agent. This provision is designed to ensure that the advocate–
client relationship is based on a sound, ethical agreement.

Give more examples of what is professional conduct

b) Professional Misconduct:

Professional misconduct occurs when an advocate deviates from these

established standards. It covers a range of actions, including:

• Breaches of Confidentiality: As prohibited by Regulation 7 mentioned

above.

• Conflict of Interest Tebeingana v Kwesigabo, Bamwine & Walubiri

Advocates (Misc. Applic. 1132 / 2023)Applicant alleged that KBW
Advocates had a prior fiduciary relationship with him and thus conflicted in
representing his opponent.The Court held that before Regulation 4 can bite,
the onus is on the applicant to prove (a) a former client relationship and (b)
that the advocate possesses prejudicial information. No conflict was found
where no such relationship existed.

Unbecoming Conduct: Regulation 30 of SI 267-2 prohibits engaging in any

“unbefitting trade” that undermines professional dignity. Regulation 30
estates An advocate shall not engage in a trade or profession, either solely
or with any other person, which in the opinion of the Law Council is
unbecoming of the dignity of the legal profession In Te Beingana v
Kwesigabomwine & Another (HCT-CLD-2023-380) The Disciplinary
Committee struck off two advocates who had used their firm to procure and
supply court stationery to judicial officers at a personal mark-up. In its
ruling, the Committee held that such commercial dealings fell squarely
within “trade … unbecoming of the dignity of the legal profession” and thus
violated Regulation 30.

Section 27(4)(c) of the Advocates Act provides that an advocate found guilty
of gross misconduct may be struck off the Roll.

• Touting and Other Unethical Solicitation Practices: (Discussed further in

Section 5 below.)

In Joyce Nakacwa v. Attorney General [2001], the court noted that even
conduct giving rise to the appearance of impropriety could constitute
misconduct if it undermines public

Morality

In law, morality means the values and principles—like fairness, justice,

human dignity, and equality—that guide what is right or wrong beyond just
written rules. While laws such as the Advocates Act and Professional
Conduct Regulations set clear duties, morality gives meaning and purpose
to these duties.

The Act and its Regulations set out duties like confidentiality (Regulation 7)
and integrity (Section 27), but these duties are based on moral values like
honesty and respect for the legal system.

he 1995 Constitution of Uganda also protects important values like equality

(Article 21), human dignity (Article 24), and the rule of law (Article 2),
which support the moral foundation of legal ethics.

In Uganda Association of Women Lawyers & Others v Attorney

General [Constitutional Petition 2 of 2003 (2004)], the court struck
down discriminatory parts of the Divorce Act, stressing that moral values
like gender equality must guide legal decisions, not just strict rules.

Prohibition of Harmful Practices: In Law & Advocacy for Women in

Uganda v Attorney General (2010), the court ruled that female genital
mutilation violated human dignity, showing that harmful customs can be
struck down based on moral values.

Confidentiality as a Moral Duty: In M/S Akampumuza & Co. Advocates &

Another v D/SSP Zarugaba Tinka Ignatius & Another [Misc. Cause
No. 35 of 2023], the High Court confirmed that confidentiality (under
Regulation 7) is not just a rule but a deep moral duty that lawyers must
follow.

Disbursement

Disbursement refers to the out-of-pocket expenses incurred by an advocate

in the course of handling a client’s case. These expenses often include court
fees, charges for expert reports, travel costs, postage, and other incidental
expenditures.

In Tabu v Langi [2017] Ughccd 95, the court stated that disbursements
are expenses an advocate pays on behalf of the client, and the client must
refund them regardless of the case outcome.

The Advocates (Remuneration and Taxation of Costs) These regulations

require that advocates maintain a detailed account of all disbursements.
Advocates must ensure that only expenses that are reasonable, necessary,
and properly supported by receipts are passed on to the client. Section 4
states no advocate shall accept or agree to accept remuneration at less
than that provided by these Regulations except where the remuneration
assessed under these Regulations would exceed the sum of one hundred
thousand shillings, and in that event the agreed fee shall not be less than
one hundred thousand shillings.

• In Mutoigo v. Shell (U) Ltd (2007), the court reinforced the principle that
an advocate is entitled to recover disbursements only if they are adequately
accounted for and justified under the prevailing regulator

Professional negligence by an Advocate

An advocate owes clients a duty of care—“adequate skill, knowledge and

learning” and “due diligence” in handling their affairs .

The relationship of the advocate and client is one of a fiduciary nature as

stipulated in King Woolen Mills Ltd & Another v Kaplan & Stratton
Advocates [1990–94] EA 244. In that decision, the East African Court of
Appeal held:“The fiduciary relationship created by the retainer between
client and advocate demands that the knowledge acquired by the advocate
while acting for the client be treated as confidential and should not be
disclosed to anyone else without that client’s consent. That fiduciary
relationship exists even after conclusion of the matter for which the retainer
was created.”

An advocate is “an officer of the Court as per Section 22 ” and must

exercise “due diligence” in clients’ affairs (Reg 2(2)) and possess “adequate
skill, knowledge and learning” for work undertaken

In Mutaba Barisa Kweterana Ltd v Bazirakye Yeremiya & Another

(C.A. Civil Application 158/2014) [2015] UGCA 27 The applicant’s
previous advocates failed to lodge an appeal within time, forcing the client
to seek leave out of time. Holding: The Court of Appeal granted extension of
time, recognizing that the delay was caused by advocate negligence, not by
the client

Under the Advocates (Professional Conduct) Regulations (SI 267-2), failing

to exercise that baseline competence (Reg. 2 (2)) constitutes professional
negligence. Failure to meet those benchmarks can lead to disciplinary
censure (suspension/striking-off) and civil liability for damages in tort or
contract.

Section 27 of the Act stipulates that I f an advocate is found guilty of

misconduct, the Disciplinary Committee can either dismiss the case or
punish them by warning, suspending, disbarring, fining them, or ordering
them to pay compensation.

Africa Cotton v. Hunter Gregg [1932] 14 KLR 7: firm instructed to

lodge a caveat for loan security failed to do so and was held liable for
negligence—an advocate “holds himself out … as possessing adequate skill
… If … want of such care … he is guilty of negligence …” .

Uganda Law Society

The Uganda Law Society Act, Cap 305 Section 2 creates ULS as a body
corporate with perpetual succession and a common seal, capable of suing
and being sued in its corporate name .

Section 3 prescribe the objects thus lThe Uganda Law Society is mandated
to maintain and improve the standards of conduct and learning within the
legal profession; facilitate legal knowledge for both its members and the
public; represent and protect the interests of its members; assist the
Government and courts in matters affecting legislation and the practice of
law; and protect and assist the public in legal matters.

Membership and Governance

Section 4 admits as members all advocates entitled under the Advocates

Act, and makes the Attorney-General and Solicitor-General ex officio
members .

Section 9 establishes the Society’s Council—headed by a President and

Vice-President (elected annually), plus the AG, SG, secretary, treasurer and
four other elected members—which “exercise[s] all the powers of the
Society” .

Sections 15–22 regulate general meetings, voting, resolutions and annual

reports/accounts, ensuring transparency and member oversight .

Section 17. Every member at a general meeting has one vote. The chairperson has an
extra vote in case of a tie (casting vote). A member who is not present can vote by
proxy, as per the rules set by the Society.
In Uganda Law Society v Attorney General (Const. Petition 18 of 2005) [2006]
UGCC 9–10 (31 Jan 2006) The Uganda Law Society (ULS) challenged the

government’s consistent underfunding of the Judiciary, arguing that letting

the Executive or Parliament control the Judiciary’s budget goes against the
Constitution and affects judicial independence. The Constitutional Court ruled
that the Judiciary must have enough financial independence. The Executive cannot
control or limit the Judiciary’s budget without violating the separation of powers and
the rule of law.

In Uganda Law Society v Attorney General (Const. App. 7 of 2003)

[2006] UGSC 10 Issue: Whether Courts Martial established under Articles
129(1)(d) & 210 of the Constitution are equivalent to, or subordinate to, the
High Court.

Decision: A majority (Justices Okello, Engwau & Kavuma) held that courts
martial are subordinate to the High Court—Parliament cannot create courts
superior or equal to the High Court; any such provision is ultra vires the
Constitution .

Impact: Protected the constitutional hierarchy of courts and affirmed that

all judicial bodies remain subject to civil-court oversight, a principle ULS
had advanced.

Client's instructions to an Advocate.

Client instructions are the foundation of the advocate–client relationship:

they define the scope of representation, trigger the advocate’s duties, and
establish the basis for remuneration and liability. In King Woolen Mills
Ltd & Another v Kaplan & Stratton Advocates [1990–94] EA 244. In
that decision, the East African Court of Appeal held:“The fiduciary
relationship created by the retainer between client and advocate demands
that the knowledge acquired by the advocate while acting for the client be
treated as confidential and should not be disclosed to anyone else without
that client’s consent. That fiduciary relationship exists even after conclusion
of the matter for which the retainer was created

Under Regulation 2(1) of the Advocates (Professional Conduct)

Regulations, Cap. 267-2, “no advocate shall act on behalf of a litigant
unless duly instructed” . Regulation 2(2) imposes a duty to carry out
instructions without unreasonable delay and “with due diligence,” including
prompt correspondence and action on the client’s affairs .

Regulation 5 obliges an advocate to appear personally in court unless

excused, ensuring that instructions are personally executed and not
delegated without authority .

The Supreme Court in Kabale Housing Estate Tenants Association v.

Kabale Municipal Local Government Council 2013 held that “a suit
brought without instructions is incompetent” and that counsel must appear
with full authority or risk denial of costs . Similarly, in Mulenga
Christopher v. Stanbic Bank (2013), the Court emphasized that an
advocate must have clear instructions before acting and that lack of such
instructions invalidates representation .

Where one advocate holds briefs for another, courts presume valid
instructions exist. In wThe Microfinance Support Centre v Kasese
Hospital & Another Justice Makumbi stated, “An Advocate Who Holds
Brief For Another … are Presumed To Have Valid Instructions,” reflecting
judicial recognition that brief-holding carries implied authorization . This
presumption supports continuity in representation and avoids technical
challenges to procedural matters.
While advocates must follow client directions, they have no duty to obey
instructions that are illegal, unethical, or amount to an abuse of process.
Under the Advocates Act and professional ethics, an advocate must refuse
to facilitate perjury, false statements, or other unlawful acts, even if
instructed by the client . The overarching duty to the court and the
administration of justice supersedes any client direction.

Client’s Right to Cancel or Withdraw Instructions

Clients retain the right to terminate instructions at any time. Practice

guidelines adopted by the Uganda Law Society state that “the Client
reserves the right to cancel the Advocates’ instructions or to unconditionally
withdraw the suit midway subject to payment of agreed costs for work done
up to that stage” . Advocates should therefore include cancellation clauses
in their engagement letters to address fees and disbursements upon
withdrawal.

Advocates’ Liability and Fees

An advocate is entitled to recover agreed fees based on the instructions

given. However, Section 81 of the Advocates Act renders void any clause
that exempts the advocate from negligence, preserving the client’s right to
claim relief for professional misconduct . On taxation of costs, the
“instruction fee” is quantified as between party-and-party fees plus one-
third, reflecting industry standards for remuneration .

Remedies and Professional Discipline

Acting without proper instructions can lead not only to incompetence of
proceedings but also to professional discipline. The High Court and the Law
Council’s Disciplinary Committee have jurisdiction over complaints that an
advocate acted beyond or without instructions, potentially resulting in
reprimands, fines, or suspension of practice .

Conclusion

In Uganda, the framework governing client instructions to advocates rests

on clear statutory mandates and detailed professional regulations. Decided
cases underscore the necessity of valid, documented instructions to initiate
and maintain proceedings. Advocates must scrupulously adhere to client
directions—subject always to legal and ethical limits—and document any
variations or terminations of instructions to safeguard both client interests
and the integrity of the legal profession.
Lawyers are liars and, indeed, thieves. Their profession should,
therefore, be abolished. Do you agree with such an assertion?
Whether you do or don't agree, support your arguments with
statutory and case law showing the positive role of a lawyer in a
civilized society like ours in Uganda.

Right to a Fair Hearing – Article 28 of the Constitution of Uganda

(1995) Article 28(1) guarantees every individual the right to a fair, speedy,
and public hearing before an independent and impartial court or tribunal
established by law.

This provision ensures that individuals have access to justice and that their
rights are protected during legal proceedings. Lawyers play a crucial role in
facilitating this right by providing legal representation, ensuring that the
accused understands the charges, and that the trial is conducted fairly.
In Dr. Paul Ssemwogerere & Others v Attorney General 2004, the
Supreme Court emphasized that the right to a fair hearing is fundamental
and cannot be compromised. The court highlighted the necessity of legal
representation in upholding this right.

Legal Representation for Serious Offences – Article 28(3)(e): Article

28(3)(e) stipulates that in cases where the offence carries a sentence of
death or life imprisonment, the accused is entitled to legal representation at
the expense of the state. This underscores the state’s commitment to
ensuring that individuals facing severe penalties have access to competent
legal counsel, highlighting the vital role lawyers play in safeguarding the
rights of the accused In Major General David Tinyefuza v Attorney
General (Constitutional Petition No. 1 of 1996), the Constitutional
Court emphasized the importance of legal representation in ensuring a fair
trial.

Enforcement of Rights and Freedoms – Article 50 Article 50(1) allows

any person who claims that a fundamental or other right has been infringed
to apply to a competent court for redress. Lawyers are instrumental in
bringing such claims before the courts, ensuring that individuals can
effectively seek remedies for violations of their rights.In Attorney General
v Susan Kigula & 417 Others 2009 , lawyers played a pivotal role in
challenging the mandatory death penalty, leading to significant human
rights reforms.

Regulation of Legal Profession – Advocates Act,The Advocates Act

regulates the legal profession in Uganda, outlining the qualifications,
conduct, and disciplinary procedures for advocates. This Act ensures that
lawyers adhere to high ethical standards, and provides mechanisms to
address misconduct, thereby maintaining public trust in the legal
profession. It establishes the Law Council in Sections 2 and Disciplinary
Committee in section 25 enforce ethical conduct. Lawyers face sanctions
for misconduct, including fines, suspension, or removal from the Roll of
Advocates. : In Uganda Law Society v.
Attorney General (Constitutional Petition No. 18 of 2005) the High
Court affirmed the Law Council's authority to regulate lawyers, ensuring
adherence to professional ethics.

Disciplinary Measures Against Advocates – Section 74 of the

Advocates s Act Section 74 lists various disciplinary offences, including
misleading the court, a SC fraudulent conduct, and acting improperly in
professional duties. This provision demonstrates that the legal system has
checks and balances to address unethical behavior among lawyers,
reinforcing the integrity of the profession. Section 27 of the Act stipulates
that I f an advocate is found guilty of misconduct, the Disciplinary
Committee can either dismiss the case or punish them by warning,
suspending, disbarring, fining them, or ordering them to pay compensation.

Legal Aid for Indigent Persons The Advocates Act seeks under Section
23 of the Advocates Act to provide legal assistance to indigent and
vulnerable persons, ensuring access to justice for all. Lawyers play a
pivotal role in delivering legal aid services, thereby promoting equality
before the law and preventing miscarriages of justice due to lack of
representation.

Right to Fair and Just Treatment in Administrative Decisions –

Article 42 Article 42 guarantees individuals the right to be treated justly
and fairly in administrative decisions, with the option to apply to a court for
redress. Lawyers assist clients in challenging unjust administrative
actions, ensuring that government bodies act within the bounds of the law.
Section 22 designates advocates as officers of the High Court, bound to
uphold judicial integrity. Thus Misleading the court is a disciplinary offence.

Protection Against Retrospective Penal Legislation – Article 28(12)

Article 28(12) states that no person shall be convicted of a criminal offence
unless the offence is defined and the penalty prescribed by law. : Lawyers
ensure that clients are not subjected to arbitrary prosecutions, upholding
the principle of legality in criminal law.

Promotion of Access to Justice – Role of Lawyers Lawyers facilitate

access to justice by representing clients in legal proceedings, advising on
legal rights and obligations, and ensuring that the legal system operates
fairly and efficiently.

Lawyers in formation to become Professional Advocates are always

told to "Speak like a Lawyer", "Conduct yourself like a Lawyer", and
"Dress like a Lawyer" What does that mean to you?"
Use Precise, Technical Language. “Speaking like a lawyer” means
framing arguments and pleadings with clarity and legal precision. Order 7
Rule 11 of the Civil Procedure Rules mandates that a plaint must disclose a
cause of action with clear material facts; failure to do so warrants dismissal.
In Motor Care (U) Ltd v Attorney General HIGH COURT CIVIL SUIT
NO. 638 OF 2005 Justice Bamwine said pleadings must clearly show the
real issues for trial. He added that a cause of action must be stated (Order 7
Rule 1(e) CPR), and if not, the case can be dismissed under Order 7 Rule 11.

Address the Court with Formal Respect. Advocates must adopt the
proper forms of address (e.g. “Your Honour”) and avoid colloquialisms.
Section 3 of the Advocates Act empowers the Law Council to regulate
professional conduct, including courtroom etiquette. Regulation 31(2)
provides that “any conduct of an advocate … which in the opinion of the
Disciplinary Committee … is unbecoming of an advocate shall be a
professional misconduct

Safeguard Client Confidentiality Regulation 7 of the Advocates

(Professional Conduct) Regulations SI 267-2 strictly forbids disclosure of
any client information obtained in the course of representation. In King
Woolen Mills Ltd & Another v. Kaplan & Straton Advocates [1990-
1994]1 EA 244 it was established that the relationship between a lawyer
and client is based on trust, meaning the lawyer must keep any information
learned during their work confidential, even after the case is over

Avoid Conflicts of Interest Regulation 4 of SI 267-2 prohibits acting for a

new client if the matter involves a former client and the advocate is aware
of prejudicial facts. In Tebeingana v Kwesigabo, Bamwine & Walubiri
Advocates (Misc. Applic. 1132 / 2023)Applicant alleged that KBW
Advocates had a prior fiduciary relationship with him and thus conflicted in
representing his opponent.The Court held that before Regulation 4 can bite,
the onus is on the applicant to prove (a) a former client relationship and (b)
that the advocate possesses prejudicial information. No conflict was found
where no such relationship existed.

Take Personal Responsibility for Work Under Regulation 6 of SI 267-2,

every advocate must personally supervise and remain responsible for all
client work—even when delegating tasks. In Messrs Sendege Senyondo &
Co Advocates v Kampala Capital City Authority [2017] UGCOMM C
22 (03 Mar 2017), the Commercial Court held that—even where an
advocate delegates tasks to juniors or clerks—the senior advocate “cannot
escape professional liability” and remains fully accountable for any errors
or omissions in the client’s case.

Appear Personally (or Brief Properly) Regulation 5(1) of SI 267-2

requires advocates to appear in person in all contentious matters or, if truly
impossible, brief another advocate acceptable to the client. Dalubega
Byayi & Anor v Makambira Olive Kigongo & Anor HCT-00-CV-MA-
0263-2007/2008 (9 Nov 2008) The plaintiff’s advocate was absent on the
hearing date. The suit was dismissed for want of prosecution—underscoring
that counsel must appear personally or ensure a proper substitute is before
the court.

Correct the Court on False Evidence Regulation 17 of SI 267-2

obliges an advocate to inform the court if aware of any false evidence being
adduced. Section 22 designates advocates as officers of the High Court,
bound to uphold judicial integrity. Thus Misleading the court is a
disciplinary offence.

Maintain Proper Accounts for Client Funds Regulation 8 of SI 267-2

bars using client monies for personal benefit, and requires strict accounting
of trust funds. In Nabatanzi v. Mukasa & Co. Advocates [HCT-00-CV-
CS-0569-2018] enforced these same principles, ordering the advocate to
return all unremitted client money and awarding both compensatory and
punitive damages, thereby reinforcing the need for prompt and accurate
accounting under SI 267-2.

Dress in the Prescribed Robe Section 83(1)(b) of the Advocates Act

authorizes the law council to make regulations on the “appropriate dress or
robe of advocates” when appearing before court—traditionally a short black
gown in the High and Supreme Courts. In General Court Martial v. Eron
Kiiza [2025] Advocate Eron Kiiza was summarily convicted of contempt of
court by a military tribunal on January 7, 2025. In the ruling, the Chairman
stressed that as an Officer of the Court, Kiiza “ought to have known about
court decorum and acted in the manner expected of his standing,” a
principle that extends to wearing the proper robe to “protect the dignity of
the court process”

Refrain from Unbefitting Trade or Conduct Regulation 30 of SI 267-2

prohibits engaging in any “unbefitting trade” that undermines professional
dignity. Regulation 30 estates An advocate shall not engage in a trade or
profession, either solely or with any other person, which in the opinion of
the Law Council is unbecoming of the dignity of the legal profession In Te
Beingana v Kwesigabomwine & Another (HCT-CLD-2023-380) The
Disciplinary Committee struck off two advocates who had used their firm to
procure and supply court stationery to judicial officers at a personal mark-
up. In its ruling, the Committee held that such commercial dealings fell
squarely within “trade … unbecoming of the dignity of the legal profession”
and thus violated Regulation 30.

Provide Legal Aid to Indigent ClientsThe National Legal Aid Bill and
Advocates (Pro Bono Services to Indigent Persons) Regulations ) require
advocates to offer 40 hours of free legal service annually (Section 23 of
the Advocates Act) . This has expanded access to justice for marginalized
groups.Pro bono work is not just a duty; it reinforces public trust and
ensures that legal representation is not a preserve of the rich.

Uphold Constitutional Rights and Rule of Law Article 50(1) of the 1995
Constitution allows any person to seek redress for rights violations—
advocates are vital in enforcing this. In Major General David Tinyefuza v
Attorney General (Const. Petn No. 1 of 1996), the Constitutional Court
underscored the advocate’s role in litigating constitutional rights.

Champion Human Rights LitigationAdvocates have led landmark

human-rights challenges. In Attorney General v Susan Kigula & 417
Others (Const. Appeal No. 03 of 2006), counsel successfully argued
against the mandatory death penalty, transforming Uganda’s capital
sentences.