Before an advocate starts work, you should receive an engagement letter. It is the contract for the service itself, and reading it carefully , before signing , prevents most fee and scope disputes that clients bring to us.
Why does an engagement letter matter?
The letter defines what the advocate is being asked to do, at what price, and on what terms both parties are to behave. Without it, a client may believe an entire dispute is covered when only one application was priced, and an advocate may perform work the client never asked for. The written record protects both sides and gives you something concrete to refer back to if the relationship sours.
What should the letter contain?
- The parties and the matter , who is being engaged, and for which dispute or transaction.
- Scope of work, and any exclusions, stated specifically.
- Fees, billing intervals, and the treatment of disbursements and tax.
- Client responsibilities , information, documents, instructions, and attendance.
- Confidentiality and how conflicts of interest will be handled.
- File ownership, retention, and return of documents at the end of the matter.
- Termination rights for both sides, and how unfinished work is billed.
- How to raise a complaint if service falls short.
Absences matter as much as contents. A letter that says nothing about how fees are calculated, or that defines the scope in a single vague sentence, leaves both sides to reconstruct the agreement after a disagreement , precisely when memories differ. Ask for the gaps to be filled before you sign, not after.
What should you do before signing?
Read every line, ask about anything unclear, and keep a signed copy with your matter documents. If the scope changes mid-matter , a new application, an additional agreement , ask for a short written variation rather than relying on a conversation. The Law Society of Kenya sets professional standards for advocates, including on engagement terms, and can advise where an advocate’s conduct falls short. Our contract law practice drafts and reviews commercial agreements generally, and the about page describes how we engage with our own clients.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.