Duty To Be Zealous Advocates On Behalf Of The Client
Advocates should act as the client's mouthpiece. They need to ensure that the outcome of the case is favourable to the client .An advocate should have a good grasp of the law and the ability to think on their feet. They should defend the interests of their clients. An advocate should not engage in conduct that jeopardizes the client's interests.
Duty To Defend His / Her Client
An advocate must defend their client to the end even if the client fails to pay their legal fees. An advocate can then sue their client for their legal fees once the case is concluded. This is the correct procedure. A client should never leave a case halfway due to a client not paying their fees.
Duty To Disclose And Keep The Client Informed
This is one of the major criticisms that the legal profession faces as most lawyers do not usually communicate with the client on the ongoing of their cases. Duty to disclose and inform is very important. An advocate who fails to disclose acts on their own self interest and only cares about gaining monetary value from litigation instead of properly advising the client of the alternative methods that may be cheaper and more expeditious such as arbitration.
Duty Of Loyalty
An advocate should act on the absolute best interest of the client and shun from misappropriating their property or assets. They should avoid involving third parties or conniving with the rival party behind their client's back.
Duty To Maintain A Client's Confidentiality
This is protected under section 34 of the Evidence Act Of Kenya. An advocate is not allowed to disclose and communication made to them by the client unless it is with the client's consent.
Duty To Carry Out Instructions
An advocate has a duty to advise the client accordingly when it comes to their case.
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