Law society has huge task at hand

Jul 14, 2004

Last time we saw that the number of advocates that were getting enrolled in the 1960s was an average of 10. In the 1990s, that number had increased to 150. Law Development Centre (LDC) is now admitting over 200 students to the Bar Course per year.

By Chibita wa Duallo

Last time we saw that the number of advocates that were getting enrolled in the 1960s was an average of 10. In the 1990s, that number had increased to 150. Law Development Centre (LDC) is now admitting over 200 students to the Bar Course per year.

This increase is due to a number of factors, the major one being the liberalisation of university education. Makerere opened up its intake to include evening classes.

The total of evening and day students in any one year hovers around the 200 mark. Other Law schools like Uganda Christian University, Mukono and others have also been accredited.

The increase must also mean that the profession has remained marketable. Indeed, for several years running the cream of Arts students from A’ level have consistently chosen either Mass Communication or Law.

The rise in interest in the legal profession must have a direct correlation to the improved environment in which lawyers operate.

Return to the rule of law and constitutionalism mean that more people are inclined to seek redress in courts of law rather than resort to other extra-judicial means.

Increased economic activity also ensures that there is enough money in the economy to engage lawyers. Also increased business activity means more competition, more conflict and more disputes ending up in court.

That explains why the Commercial court had to be set up and why it remains very busy. Increased commercial activity therefore has been good for the legal profession.

The increase in the number of advocates practicing law, however, comes with an added headache for those involved in the task of regulating the profession. The more members a regulator has, the greater the likelihood of incidents of indiscipline. The legal profession is prone to abuse since it deals with issues of trust and confidentiality.

Structures put up 30 years ago to deal with the yearly increase of 10 lawyers are the same structures in place to deal with a yearly influx of 100 advocates. LDC was set up to deal with about 50 students at any one time. It was residential and offered full board for its students.

No wonder that several years ago it took the drastic but inevitable decision to completely divest itself of the responsibilities of accommodating and feeding the students. Government has also withdrawn the funding for each student. Now the students have to foot their own tuition, room and board.

There have been suggestions that LDC should lose its monopoly for setting Bar examinations and training lawyers for the Bar course. These have not yet borne fruit mostly because of the fear that standards will be compromised.

The question that accompanies all this increase in the number of students is that of quality and standards. Is it possible to have all these students and still churn out quality professionals? Depending on whom you talk to, the standards have either completely gone down or they are on their way down.

The people who contend that standards have fallen argue that there is no way an average student can be transformed into a good lawyer unless there is individual attention from the lecturers through tutorials and other such small group discussions. Trying to give specialised attention to 200 students, it is argued, is just impossible.

The older generation lawyers always complain about fresh graduates and their impatience and rush to get rich quick, yet it took the senior lawyers years of hard work to be where they are.

The Law society and its disciplinary arm –– the Law Council, therefore, have their work cut out for them. They have to ensure the integrity of the profession is maintained by continuing to inspire confidence in the public, which the profession serves; that lawyers represent clients as agreed and that advocates remain loyal to their calling.

They also have to continue encouraging their members to aspire to do better.

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