A first consultation is most useful when the advocate can see the documents rather than only the story. Half an hour of preparation beforehand usually halves the follow-up questions afterwards. This article explains what to bring to a first legal consultation in Kenya, what the advocate will ask and what the client should leave with.
Quick answer
Bring identification, the core document at the centre of the matter, the correspondence and notices, the financial records, any earlier agreements or court papers, and a short dated chronology. Organise the documents in one place and send copies ahead where the consultation is by video call. Be ready to explain the goal, the parties, the dates, the money involved and any deadline.
Identification and basic records
Bring your national identity card or passport and, where relevant, your KRA PIN and any company or partnership documents if the matter involves a business. If you are consulting on behalf of another person or an entity, bring evidence of your authority to do so, such as a resolution, a power of attorney or a written authorisation.
Contact details should be current, because the advocate may need to reach you quickly about a deadline. Where a matter involves family members or co-parties, it helps to know who the other parties are and how they can be contacted.
The core documents for the matter
The core document depends on the matter. For a contract dispute it is the signed contract and any amendments; for a land matter it is the title documents and the sale agreement; for an employment issue it is the contract, the payslips and the disciplinary correspondence; for a court case it is the pleadings, orders and hearing notices. Bring the original and a copy where possible.
Where the matter involves a document that is referred to in the core document, such as a guarantee, a schedule or a drawing, bring that too. A document that seems unimportant may explain a key term.
Correspondence and evidence
Bring demand letters, notices, emails and relevant messages, including the messages that are uncomfortable. A consultation is confidential, and an advocate can only advise well on the facts they know. Gaps in the correspondence are often where the weaknesses lie, so it is better to disclose them early than to have them discovered later.
Photographs, recordings, witness details and any expert or inspection report may also be relevant. Keep the originals and bring copies, and do not edit or delete messages after the dispute has begun.
Financial records and proof of loss
Bring receipts, invoices, bank statements and mobile money statements that show what was paid, what is owed and when. Where the claim includes lost profit, extra costs or repair costs, bring the documents that support the calculation. A clear schedule of the figures helps the advocate assess the value of the matter and the cost of pursuing it.
Where the matter involves a loan, a guarantee or security, bring the facility documents and the statements showing the current position. Where the matter concerns property, bring the title documents and the latest official search, because ownership and encumbrances are usually the first things to verify.
A short chronology
| Date | What happened | Document |
|---|---|---|
| The date of the agreement or instruction | What was agreed and with whom | Contract, letter or message |
| Key performance dates | Delivery, payment or completion | Invoice, receipt or delivery note |
| The date of the problem | What went wrong and how it was discovered | Correspondence or report |
| The date of any notice | What was demanded and by when | Demand letter or notice |
| Upcoming dates | Hearings, deadlines or limitation dates | Court papers or correspondence |
A one-page chronology is enough. It keeps the consultation focused and gives the advocate a structure to work from. Keep it factual and do not leave out events that are unhelpful, because the other side may raise them in any event and the advocate needs to know about them.
Questions the advocate will ask
Expect questions about the goal, whether settlement, payment, transfer, defence or another outcome; the parties and their relationship; the dates and the sequence of events; the money at stake; and any deadline that bears on the matter. The advocate will also want to know what has already been done, including any complaints, demands or proceedings.
Answer directly, including on the awkward points. The consultation is confidential, and candour allows the advocate to identify the real risks rather than give advice based on an incomplete picture.
What to leave with, and when to take advice
Leave the consultation with three things: an assessment of the options and their risks, a proposed next step with an indicative cost, and clarity on who does what next. If any of these is missing, ask before leaving. Take notes, and ask for the key points in writing where the matter is significant. The related article on how to choose a lawyer in Nairobi explains the questions to ask before instructing, and the article on advocate client engagement letters explains the terms that should be agreed in writing.
For a video consultation, send the documents ahead, keep them organised in one folder with clear file names, and have the chronology in front of you. Confirm that the advocate is properly qualified; member records are maintained by the Law Society of Kenya. The firm’s contract practice advises on commercial agreements, and the practice areas page shows the matters the firm handles so that the right expertise can be booked.
Primary sources
- Law Society of Kenya, for membership records and professional guidance.
- Judiciary of Kenya, for court structure, forms and procedure.
- Kenya Law, for the legislation referred to in this article.
This article is general information, not legal advice.