Losing confidence in the person managing your legal matter is unsettling, particularly mid-case. The position is simpler than most clients fear: an advocate acts for you at your invitation, and you may end that arrangement and appoint another advocate, subject to a few professional formalities.
Can you change advocates before a matter ends?
Yes. The client’s right to change representation is not conditional on the former advocate’s approval, and no court permission is required to make the change in the ordinary case. The professional courtesies matter more than formalities: notice to the existing advocate, an orderly handover of the file, and honesty with the incoming advocate about the state of the matter. The framework for the profession is set out in the Advocates Act, published on Kenya Law.
What does the handover involve?
- Written notice from you to the former advocate ending the retainer, with the effective date stated
- Settlement or arrangement of outstanding fees , an advocate may exercise a lien over the file until fees owed are paid or secured, and disputed bills can be referred for taxation
- Release and transfer of the file, including originals of documents and title deeds where held
- Where a matter is already filed in court, filing of a notice of change of advocate in the registry so the record is corrected
- A briefing to the incoming advocate , pleadings, correspondence, deadlines and the next steps pending
The quality of the briefing matters: a new advocate inherits a matter cold, and a well-assembled file with a short chronology saves time and cost.
When does a change make sense , and when does it not?
A breakdown of confidence, persistent silence on basic questions, or a conflict of interest emerging mid-matter are proper reasons. Before changing, it is sensible to seek a second opinion on whether the difficulty lies with the advice or with the communication of it , the two call for different remedies. Timing deserves thought too: changing representatives days before a hearing disrupts in ways that may outweigh the complaint, whereas a change between stages is usually manageable.
Our practice areas page describes the work we accept, and the about page introduces the team and how we manage files taken over from other practitioners.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation at our Westlands, Nairobi office.