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Understanding Legal Retainers in Kenya

This is a primer on legal retainers in Kenya

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Tony
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74 views3 pages

Understanding Legal Retainers in Kenya

This is a primer on legal retainers in Kenya

Uploaded by

Tony
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

Introduction

• • A retainer is a client’s authorization or fee paid


to an advocate to act.
• • Establishes a contractual and fiduciary
relationship.
• • Ensures lawyer’s availability and commitment.
• • Functions as a legal service reservation.
Legal Framework in Kenya
• • Constitution of Kenya: Access to justice, fairness,
non-discrimination.
• • Advocates Act: Regulates qualifications,
remuneration agreements.
• • Law of Contract Act: Principles of offer, acceptance,
consideration.
• • Advocates’ Remuneration Order: Guides fees,
prevents undercutting.
• • Law Society of Kenya Code: Ethics, integrity,
professionalism.
Types of Retainers
• • General Retainer – Continuous legal services.
• • Non-Refundable Retainer – Paid regardless of
outcome.
• • Security Retainer – Held in client trust account.
• • Specific Retainer – For a defined matter only.
• • Hybrid Retainer – Combination of forms.

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