A watching brief is a method normally used in criminal cases by lawyers to represent clients not directly a party to the suit and to function as an observer.
Whereas the lawyer is not strictly performing the duty of the police, the advocate watching brief plays a crucial role in ensuring that the evidence presented to court is sufficient to secure a conviction for the offender thus preventing his or her client from civil suits for malicious prosecution arising from an acquittal.
To familiarize oneself with the matter, it is absolutely necessary that the lawyer obtains all witness statements and documents to be relied on and peruses them carefully.
Further, in Kenya, apart from introducing themselves, the lawyer watching brief has no right of audience before the court and so the prosecutor becomes his mouthpiece.
It is actually calling to account every party in the trial without being heard, working behind the scenes, and giving the much needed backup to the side enforcing your client's rights.