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Legal Services Agreement

A Legal Services Agreement defines the terms of engagement between a lawyer or legal consultant and their client. Covers scope, fees, confidentiality, and conflict of interest.

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Drafted to comply with Kenyan law and international common law standards.

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What this document covers

Advocate and client details
Scope of legal services
Fee arrangement (hourly, fixed, or contingency)
Billing intervals and payment terms
Disbursements and expenses policy
Confidentiality and privilege
Conflict of interest declaration
Termination of retainer
Governing law clause

Frequently Asked Questions

Is a legal services agreement required for engaging a lawyer in Kenya?
Yes. The Advocates Act (Cap. 16) and the LSK (Law Society of Kenya) guidelines require advocates to issue a letter of engagement or fee agreement before commencing work. The agreement should cover scope, fees (hourly, fixed, or contingency), billing intervals, and communication expectations.
Can a lawyer charge a contingency fee in Kenya?
Contingency fees (where the lawyer is paid a percentage of the award only if successful) are permitted in some civil matters in Kenya, but are subject to LSK guidelines and must be agreed in writing. They are not permitted in criminal cases.
Is a legal services agreement binding internationally?
Yes. Legal services agreements are contracts enforceable across common law jurisdictions. In regulated jurisdictions (UK, Australia), solicitors and barristers are additionally bound by professional conduct rules that overlay the contractual terms.