People usually choose a lawyer in a hurry. A contract must be signed this week, land is about to change hands, or a dispute has arrived without warning. A short structured approach keeps the choice sound even under time pressure, and it reduces the risk of a fee dispute or a mismatch between the matter and the advocate’s experience. This article sets out what to check before instructing an advocate in Nairobi.
Quick answer
Check that the advocate is admitted and holds a current practising certificate, that the practice area matches the matter, and that the person who will handle the file is identified. Ask about conflicts of interest, confirm the fees and scope in writing, and be alert to warning signs such as pressure to pay cash without a receipt or a refusal to put terms in writing. The engagement letter is the document that records the arrangement.
Admission and a current practising certificate
Legal practice in Kenya is regulated. An advocate must be admitted to the roll and hold a current practising certificate to act for clients. The Law Society of Kenya maintains records of its members and publishes information about the profession, and a client can ask for the advocate’s practising certificate details before instructing.
The same check applies to the firm. Ask which entity is being engaged, how the fee earner is supervised and who is responsible for the matter. A clear answer at the start avoids uncertainty later about who is acting and on what terms.
The right practice area
The law is broad, and an advocate who is excellent in one field may not be the right choice for another. A conveyancer is not the natural choice for an arbitration, and a litigator may not be the best person for a complex commercial agreement. Ask what proportion of the practice is in the relevant area and ask for an honest description of the work rather than marketing language.
For a matter with several workstreams, such as a financing with security documents and regulatory consents, consider whether the firm has the depth to coordinate the work or whether separate advisers are needed. The client should understand who is leading and how the pieces fit together.
The team and communication
Ask who will handle the file day to day and who supervises. A partner may be named in the engagement letter but a junior may do much of the work; that is normal in many practices, but the client should know. Ask how and when the team will communicate, who responds to urgent queries and how progress will be reported.
Response times and reporting intervals should be agreed rather than assumed. A simple arrangement, such as a written update at each stage or a call when a decision is needed, prevents most client anxiety and gives the advocate the instructions needed to act.
Conflicts, confidentiality and client money
Ask whether the firm has acted for the other side, or for a party whose interests conflict with yours. A conflicts check should be done before the engagement is accepted. Confidentiality should also be confirmed: the advocate owes a duty of confidence, and the engagement letter should record how information will be handled.
Client money should move through proper channels. Purchase funds and other client money should be handled through an advocate’s client account with a clear record, and receipts should be issued. Requests for large cash payments without documentation are a warning sign, not a convenience.
Fees and the engagement letter
Fees should be agreed in writing before work begins. The engagement letter should state the basis of the charge, the scope of work, the treatment of disbursements and tax, the billing intervals and what happens if the scope changes. Where the fee is calculated under the Advocates Remuneration Order, the letter should say so; where a fixed fee is agreed, the letter should identify what it covers.
Read the letter before signing and ask for anything unclear to be explained. Keep a signed copy with the matter documents. The related articles on advocate client engagement letters and how much a lawyer costs in Kenya explain the terms and the cost basis in more detail.
Warning signs and questions to ask
The table below combines the warning signs with the questions worth asking at the first meeting.
| Warning sign | Question to ask |
|---|---|
| Vague scope or fee | What exactly is included, and what will be charged separately? |
| Pressure to sign immediately | Can I take the engagement letter away to read? |
| Request for undocumented cash | How will this payment be receipted and recorded? |
| Unclear who is acting | Which advocate and firm will be responsible for the file? |
| Promises about the outcome | What are the realistic risks and next steps? |
A professional practice explains its terms patiently and puts its fees in writing without being pressed. Where the answers are evasive, it is reasonable to look at another practice before instructing.
When to change lawyer or seek a second opinion
Consider a second opinion where the advice is unclear, where the fees are not being explained, where the advocate appears not to have the relevant experience, or where communication has broken down. Changing advocates mid-matter is possible but should be managed carefully, because the file and the client records must be transferred and the costs of the change can be significant.
The firm’s commercial litigation practice handles disputes and the contract practice handles commercial agreements. Where the matter is a complaint about an advocate’s conduct, the Law Society of Kenya publishes the professional standards that apply.
Primary sources
- Law Society of Kenya, for membership, professional standards and guidance on instructing an advocate.
- Advocates Act, Kenya Law, for admission, practising certificates and professional regulation.
- Judiciary of Kenya, for court structure and procedure.
This article is general information, not legal advice.
