A right is used to designate the chief means which the law adopts in order to secure interest namely a recognition in persons or as conferring upon persons certain capacities of influencing action of others. The 1995 Constitution of the Republic of Uganda which is the supreme law of the land protects and promotes the fundamental and other human rights and freedoms. Among the rights which the Constitution recognizes is a right to legal representation. The right to legal representation is a fundamental principle which ensures that a person facing a legal problem has access to a lawyer. Being represented before a court of law or on any daily business transactions enables the person to understand his or her rights well and to present an adequate complaint or defense in case of any violations.
It has often been said that, the quality of legal representation in both civil and criminal matters influences how a judicial officer decides a case. The complex nature of legal rules and the stringent procedures involved requires the assistance of a lawyer in defending a legal right. Legal rights are those rights which are bestowed onto a person by a given legal system. To effectively defend the rights bestowed onto a person, one needs a lawyer. Denying a person a right to legal representation amounts to violation of one’s rights guaranteed under the Constitution as the supreme law. For example in the case of Human Rights Awareness and Promotion Forum (HRAPF) V Attorney General and The Commissioner of Prisons Misc. Cause NO 81 OF 2020, court held that the act of denying the respondents access to legal counsel violated and contravened their right to fair trial guaranteed under article 28 of the Constitution. Effective legal representation ensures that relevant facts are well articulated and justice is pursued diligently thus influencing the outcome of the matter.
A right to legal representation entails preparation of necessary court documents, preparation of correspondences, court appearances, negotiations, formal legal advice on daily transactions like conveyancing among others on behalf of a client. In doing so, the advocate acts in the best interest of a client, maintains confidentiality and provides competent presentation. As such, it upholds fairness, ensuring that a client gets equal access to justice and that his rights are protected.
Therefore, legal representation is a necessity whenever someone is confronted with a matter that requires an expertise in the knowledge of law. It helps a client to understand his or her legal rights and how to overcome the legal challenges that may be affecting him or her.
Don’t wait for the problem. Seek legal advice before a problem arises. As the Latin maxim says “equity helps the vigilant and not the indolent”.
Compiled by:
Nyamwija Mary
Advocate & Commissioner for Oaths
0705963911
