In the flux of life of a professional, conduct is built on trust and regulations governing that specific profession. Be that as it may, the legal profession as practiced by lawyers requires them to uphold the highest standards of integrity and honesty. One of the most egregious breaches of this trust is when a lawyer misappropriates a client’s funds. This article will explore the legal ethics surrounding this issue and discuss the remedies available to affected clients.
A bad lawyer is one who misappropriates a client’s money and such actions raise important issues regarding the fiduciary duties of advocates, the execution of court orders, and the protection of clients’ rights. All professions, especially one as central as the legal profession, should undergo a continuing process of examination and self-evaluation. Any group that does not engage in such an exercise loses much, which makes it a profession: a shared set of principles and customs that transcend self-interest and speak to the essential nature of the particular calling or trade.[1] Thus Kuloba J (as he then was) in Apollo Insurance Company Ltd v Scholastica K. Kamau & Muthanwa & Company Advocates stated that “today the “hungry and unscrupulous advocates’ are not “few’, they are not merely ‘hungry and unscrupulous”, they triple satanic depravity with wicked greed and an ever-increasing ethical decadence.
An advocate according to the Advocates Act,[2] is; advocate” means any person whose name is duly entered upon the Roll and— (a) for Section 26(2) and Part VI of this Act, includes any person mentioned in Section 11; and (b) for disciplinary proceedings under this Act, includes— (i) any person permitted to practice under Section 16(6); and (ii) any person who carries out work of a nature normally performed by an advocate or who is entitled to act or who purports to act as, or pretends to be, an advocate. Thus, Advocates are key to building the trust of the Ugandan people. Advocates must make a concerted and consistent effort to explain the nature of the profession and their services to their clients. In all circumstances, advocates should ensure that justice is seen to be done. In the case of Swinfen v Lord Chelmsford,[3] it was stated that the duty undertaken by an advocate is one in which the client, the court, and the public have an interest because the due and proper, and orderly administration of justice is a matter of vital public concern. Section 22 of the Advocates Act is to the effect that every advocate and every person otherwise entitled to act as an advocate shall be an officer of the High Court and shall be subject to the jurisdiction of the High Court and, subject to this Act, to the jurisdiction of the Disciplinary Committee.
Lord Denning in Arthur J.S. Hall v. Simons[4] rightly emphasized that it is a mistake to suppose that a lawyer herein an advocate is the megaphone of his client to say what he wants. Advocates owe clients many duties that overlap and occasionally conflict. The content of the duty to clients comes from a variety of sources, including case law, rules and commentaries, and academic writing, and he or she must serve the interests of justice as well as those whose rights and liberties he or she is trusted to assert and defend. Therefore, an advocate has a duty towards his client, the court, his opponent, and himself. Although the advocate is under a fundamental duty to give his best for the client’s interest, the advocate must be mindful of his other legal duties, which may conflict with the client’s interest. Therefore, the degree of skill required is that which pertains to a professional man, which is the general level of skill currently possessed by members of the legal profession. Goldin J, in Honey and Blanckenberg v Law,[5] pronounced himself on the duties of legal practitioner (attorney) when he said: In his performance of his duty or mandate an attorney holds himself out to his clients as possessing adequate skills, knowledge and learning for purposes of conducting all business he undertakes. In Uganda, this was reiterated recently by the Disciplinary Committee of the Law Council in Haji Kizito Bulwadda v Patrick Furrah[6] where the Committee found that the advocate was guilty of acting unprofessionally in discharging his duties. Assoc. Prof. F.A.W. Bwengye, in his book Legal Practice in Uganda,[7] also argues that more advocates must take the duty they owe to the wider community and nation seriously. A consistent commitment to upholding this duty will improve the broader society.
This results in more legal work for Ugandan advocates. National Objective XXIX of the Constitution of Uganda provides that every citizen of Uganda must inter alia be patriotic and loyal to Uganda and promote its well-being; to engage in gainful work for the good of that citizen, the family, and the common good and to contribute to national development; to contribute to the well-being of the community where that citizen lives; and to promote democracy and the rule of law.[8] Moreover, Article 17 of the Constitution provides in part that every citizen of Uganda must “cooperate with lawful agencies in the maintenance of law and order” and “to combat corruption and misuse or wastage of public property.” These Constitutional duties apply to practicing advocates as well as all other citizens of Uganda. For advocates who take these duties seriously, the practice of law is a great opportunity to contribute to Uganda as citizens. Thus, the Disciplinary Committee of the Law Council in Haji Kizito Bulwadda v Patrick Furrah</