ESTABLISHMENT OF LEGAL PARTNERSHIPS/LAW FIRMS IN UGANDA

 ESTABLISHMENT OF LEGAL PARTNERSHIPS/LAW FIRMS IN UGANDA

Law firms are usually established as partnerships because partnerships have less legal compliance requirements and offer flexibility to partners in their day-to-day work. Partners bind the firm without the need to act through resolutions like companies.

Section 2(2) of the Partnership Act states that a partnership shall not exceed 50 members. Under section 2 of the Act a profession is defined to mean a profession regulated by the laws of Uganda.

Section 64 of Advocates any person other than an advocate not to practice. Advocate is defined as someone entered on the roll.

section 71 of the Advocates Act advocates not to act as agents for unqualified person.

 

FORMALITIES IN RELATION TO THE FIRM.

1. THE FIRM NAME.

To establish a law firm, an advocate requires a firm name. The firm name is registered under the Business Names Registration Act and the rules made thereunder. Procedure similar to that of registering a partnership name.

 The partners can use their names or a generic name. The generic name must be acceptable by the Law Council.

Regulation 5(1) of The Advocates (Use of Generic Names by Law Firms) Regulations S.I No. 16 of 2006 provides that a generic name shall not be used or registered with the Registrar General, or any other authority until clearance is obtained from the Law Council.

 A generic name is defined under Regulation 2 of the Advocates (Use of Generic Names by Law Firms) Regulations S. I No. 16 of 2006 as a name other than the name of a partner of a law firm. There are restrictions on registering a generic name.

 Regulation 3 of the Advocates (Use of generic names by Law Firms) Regulations, 2006 provides that a generic name shall include the word ‘advocates’ at the end. 

Regulation 3 (5) of the Advocates (Use of Generic Names by Law Firms) Regulations, 2006 also provides that a generic name shall not make any reference, actual or derived, to and symbolic, cultic, political, religious, sectarian, discriminatory or specialty classification. The parties want to establish a firm with BORN AGAIN LEGAL as the name. The name is religious and therefore not in accordance with section 3 (5) of the Regulations.

2. INTERPOL CERTIFICATE OF GOOD CONDUCT

section 12(1)(h) provides that the registrar shall refuse to issue or renew a practicing certificate of any advocate who on the date of his application has been convicted of a criminal offence involving moral turpitude and sentenced to imprisonment for a term of one year or more, without the option of a fine.

3. OPENING UP OF AN ACCOUNT

According to Section 40 of the Advocates Act the Law firm is required to have a separate account for the firm and another for the clients. 

4. INSPECTION AND APPROVAL OF THE FIRM PREMISES

Then the premises from which the firm shall conduct its business is to be inspected by the law council.

Regulation 3 of the Advocates (inspection and Approval of Chambers) Regulations S. I No. 15 of 2005 makes it mandatory for chambers to be inspected yearly. Regulation 5 of the same Regulations provides for the requirements to be met before approval (1) An advocate’s chambers shall be well maintained with a professional appearance and must have—(a) a suitable desk for an advocate; 

 (b) a separate room for each advocate and another for a clerk, secretary and cashier; (c) a secretarial desk and computer or typewriter; (d) a reception with chairs or benches for clients; (e) a bookshelf; (f) a chest of drawers or a filing cabinet; (g) a reasonable collection of reference law books including a full set of the Revised Laws of Uganda 2000; (h) access to a toilet and sanitary facilities; and (i) books of accounts. 

(2)  The headed paper of every law firm shall bear the names and qualifications of each partner, advocate and legal assistant in the firm. 

(3)  A law firm with generic names shall only be approved if consent is sought from the Law Council prior to the registration of that name.

(4)  The consent referred to in sub-regulation (3) shall be in writing. 

(5)  Trading shall not be carried on in any chambers. 

(6)  The Law Council may refuse to approve any chambers that do not meet any of the requirements set out in these Regulations and may order the closure of those chambers until the chambers meet the required standards set out in these Regulations. After the inspection is completed, a certificate to that effect shall be issued by the Law Council.

(7)  Regulation 6 provides that;(1) A firm of advocates whose chambers have been approved shall be issued with a certificate of approval of chambers. (2) A certificate of approval of chambers shall remain valid for one year. The firm shall pay a fee of 62,000/-for the inspection of the premises according to the Advocates (Council Fees) Regulations 2004.