Comparing Negotiation and Litigation Instructions

October 13, 2026 · WKA Advocates

Updated October 13, 2026 · Published by WKA Advocates

Define the Decision Before Choosing the Work

Identify the decision that needs to be made and whether a proceeding or dispute clause already determines the route. Advice about options, settlement negotiation and court representation can be different engagements. Compare what each proposal includes and which immediate deadlines are being handled.

Questions That Change the Legal Scope

Ask about the records, stages and potential costs that may follow if the matter does not settle. Clarify the authority to negotiate and how offers will be approved. No proposal should be treated as a promise that litigation or negotiation will deliver a particular result.

Build a Comparable Factual Brief

State the objective, legal parties, current stage and important dates in a short summary. Identify the documents available and any question that remains disputed. Include earlier advice or steps already taken so the advocate can understand the existing position rather than assess an incomplete version of the matter.

The principal agreement, notice, application or record connected with the decision.
A dated chronology and the correspondence that explains material events.
The proposed outcome, unresolved questions and any deadline requiring attention.
Who can approve instructions, supply records and make the underlying business or personal decision.

Ask What the Proposal Will Deliver

Request a scope that distinguishes advice, document work, negotiation, filing or representation. Ask which facts and records are assumed, what further investigation is included and whether another specialist needs to be involved. A broad label such as legal support may conceal work that is excluded from a short proposal.

Compare professional fees with the same deliverables and assumptions. Separate disbursements and third-party costs, and agree how they are approved. If the situation changes, confirm how additional work will be quoted and instructed. Price alone cannot explain whether the proposed engagement addresses the decision you need to make.

Keep Responsibilities and Communication Clear

Identify the advocate handling the matter and your own authorised contact. Agree who monitors dates, reviews drafts and reports material developments. Keep a record of accepted instructions and tell the team promptly about a new notice, agreement or deadline. An initial enquiry is not the same as an accepted retainer or a completed official process.

Official Resources and Practice Information

Explore the official WKA Disputes & Debt Recovery practice and Kenya Law legal materials. Check the current requirements for your circumstances rather than treating a general guide as a complete opinion.

What should I clarify before giving instructions?

Identify the named advocate, deliverables, assumptions, fees and responsibility for deadlines. Explain your objective and provide the main records so the proposed legal work fits the actual matter.

Continue with Disputes & Debt Recovery legal services, the law firm comparison guide and fees and scope.

Prepare Your Next Legal Conversation

Explain the decision, parties, records and material deadline to WKA Advocates. Ask for a scope that identifies the work, fees and next step. Call +254 798 035 580, email info@wka.co.ke, or view our Nairobi contact details.

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