KSL ATP 103 key terms

A person admitted to the roll of advocates and entitled to practise law in Kenya, including appearing before courts and giving legal advice to clients for reward.

The official register maintained by the Registrar of the High Court listing every person admitted to practise as an advocate in Kenya.

An annual certificate issued to an advocate who meets continuing requirements, without which the advocate may not lawfully practise or hold out as practising.

The formal ceremony and legal process by which a qualified person is enrolled on the roll of advocates after satisfying the Council of Legal Education and the court.

A supervised period of practical training an aspiring advocate must complete under an experienced advocate before being admitted to the bar.

The rule protecting confidential communications between an advocate and client from being disclosed in court or to third parties without the client's consent.

A situation where an advocate's personal, financial, or other interests, or duties to another client, could improperly influence the professional service given to a client.

A promise given by an advocate in the course of practice that the advocate is personally bound to honour, and which courts will enforce against the advocate.

A bank account maintained by an advocate solely for holding client money, kept separate from the advocate's own funds and subject to strict accounting rules.

An account in which an advocate deposits money received on behalf of a client, distinguishing it from the advocate's business or office account.

The agreement by which a client engages an advocate, and also the fee paid to secure the advocate's services or availability over a period.

A written statement from an advocate to a client setting out the charges for professional services rendered and requesting payment.

The process by which a court officer examines and fixes the amount properly payable for legal services where the parties dispute the bill.

An itemised statement of the costs claimed by a party or advocate, filed for assessment by the taxing officer in litigation.

An advocate's right to retain a client's papers or property until outstanding fees for professional work are paid.

Mandatory ongoing learning that advocates must undertake each year to maintain and update their legal knowledge and skills.

An experienced advocate assigned to guide and supervise a pupil or junior advocate during practical training and early practice.

The advocate's overriding obligation to assist the court honestly, cite relevant law fairly, and avoid misleading the tribunal, even against the client's wishes.

The duty of an advocate not to reveal information learned in the course of professional engagement except where the client consents or the law requires disclosure.

The person or entity who instructs an advocate or paralegal to provide legal services and to whom professional duties of care and loyalty are owed.

A trained legal support professional who assists advocates and clients with legal work under supervision, without rights of audience reserved to advocates.

The defined boundary of tasks a paralegal may lawfully and ethically perform, distinguishing permitted support work from reserved legal activities.

The act of performing reserved legal work, such as appearing in court or giving reserved legal advice, without the required qualification or admission.

The oversight by an advocate or senior legal professional of a paralegal's work, ensuring quality, ethical compliance, and accountability for tasks delegated.

The systematic process of locating and analysing statutes, case law, and other authorities relevant to a legal question to support advice or argument.

The body of law created by judicial decisions, which interprets statutes and establishes rules applied in later similar disputes.

A prior court decision that binds or guides later courts deciding similar issues, according to the hierarchy and jurisdiction of the deciding court.

The principle that courts should follow earlier decisions of higher or equal courts on the same point to ensure consistency and certainty in the law.

The standard reference format identifying a legal authority, such as a case or statute, by name, year, volume, and page or section.

A written law enacted by a legislature, such as an Act of Parliament, which governs conduct and is interpreted by the courts.

A written statement of facts sworn or affirmed before a person authorised to administer oaths, used as evidence in legal proceedings.

The person who makes and swears or affirms an affidavit, taking responsibility for the truth of the facts stated in it.

A person lawfully empowered to administer oaths and affirmations and to witness the swearing of affidavits and statutory declarations.

A formal written statement of fact made voluntarily and declared to be true before an authorised officer, without being sworn on oath.

The formal written documents in a civil suit, such as the plaint and defence, by which each party states its claims and responses.

The set of facts giving a party the legal right to sue another, forming the foundation of a claim in civil proceedings.

A formal court document requiring a party or witness to appear before the court on a specified date or to answer a claim.

The formal delivery of court documents to a party in the manner prescribed by law, so that proceedings become effective against that party.

A sworn statement by the person who delivered court documents, recording when, where, and how service was effected on the recipient.

The statutory time limit within which a claim must be brought, after which the right to sue is generally barred.