Objection my Lord: Civil litigation

Abstract

he formalization of instructions is the reducing agreement stipulating that the named client has issued the advocate with instructions in a given matter and the forms of remuneration agreed upon by the client and the advocate in the agreement. Sometimes it is referred to as a letter of engagement. Regulation 2(1) of the Advocates (professional conduct) Regulations bars an Advocate from acting for any person unless he/she has received instructions from the said person. In the case of Okodoi George & Anor v. Okello Opaire, HMCA NO. 0143 of 2016, court held that the onus is on the Advocate to take steps to make it known to all. The SC in Kabale Housing estates Tenants Association v Kabale Mem L.C CA.15 of 2013 INTERVENTION AS COUNSEL IN AN EXISTING SUIT. Regulation 2(1) of the advocates (professional conduct) regulations provides that no advocate shall act for any person unless he or she has received instruction from that person or his or her duty authorized agent. Justice Kawesa in the case of Okodoi George and anor v okello opaire sam, hct-04-cv-ma-0143 of 2016 held that the practical meaning of the aforementioned provision is that the onus is on the advocate so instructed to take steps to make it known to all concerned that he/she has been duty instructed. The prudent advocate, in practice takes out a notice of instruction informing the court and the opposite counsel of such instructions. The court further held that where, there is a change in instructions, again the prudent advocate files a “notice of change of advocates.” all this is aimed at avoiding a scenario where the advocates instructions end up being challenged. PROCEDURE. 1) Inquire from advocate why client wants to change advocate and for any other relevant information. 2) Draft an engagement letter. 3) Draft and file a notice of change advocate in court and serve it on the former advocate. 4) Draft a notice of instructions