ANALYSIS OF RESOLUTION OF CLIENT – ADVOCATE DISPUTES UNDER THE TANZANIAN ADVOCATES ACT

Abstract

The nature of client-advocate relationship in most cases present difficulties in resolving disputes arising out of this relationship. The difficulty is caused by the nature of services offered by advocates and information asymmetry between the two parties. Client –advocate disputes hinge on six core duties of an advocate. These are litigation fairness, loyalty, confidentiality, reasonable fee, public service and competence. It is revealed in this article that clients have always suffered at the hands of their advocates. On one hand, it is revealed that in resolution of client-advocate disputes the Advocates Committee operates in a situation where there are no rules of accountability, expediency, expedited procedure, neutrality and impartiality. On the other hand, courts (judges) have in many cases declined to take action against advocates who commit misconducts before them. It is concluded that although the Advocates Act provides for the resolution of clientadvocate disputes, it is inadequate in several aspects. It is recommended that over and above other initiatives being made to improve delivery of legal services to clients and the general public, the Act needs to be amended to provide for among others simplified procedures of resolving client-advocate disputes; there should also be adequate remedies to a complainant who successfully proves his complaint against the advocate. Finally, courts
should deal with advocates’ discipline according to profession laws of order and conduct.