This archive report was first published on 11 January 2020.
As a lawyer, I've seen many business owners try to cut costs by handling their own legal affairs. However, this approach can often lead to costly mistakes and legal issues down the line.
On a recent WhatsApp group, I saw a message circulating about the land buying procedure, which suggested that one only needs a lawyer to draft a sale agreement for Ksh 4,000/= to save legal costs. This sparked my concern, not because it would affect my daily income, but because it highlights the lack of understanding about the importance of hiring a professional lawyer.
Any successful business entity sets budgets for qualified and trained professionals to ensure efficiency and protection. Hiring a lawyer is no exception. Here are a few reasons why:
- "Cheap is expensive." While cutting costs may seem appealing, it can ultimately lead to more expenses in the long run. I've seen clients who try to save money by drafting their own contracts, only to end up in legal suits after summary dismissals of employees.
- Specialised services. Lawyers undergo years of training and education to provide legal services. They have a duty to exercise due care and skill in the conduct of their client's assignment, and are responsible for representing their clients in a professional manner.
- Reprieve in case of losses. When you engage a lawyer, they are answerable in case of any professional negligence or losses to your business. The Advocates (Professional Indemnity) Regulations, 2004 provide that every advocate practising on their own behalf shall purchase a policy of insurance to compensate clients for loss or damage.
As Lord Denning once said, "A magistrate says to a man: 'you can ask any questions you like;' whereupon the man immediately starts to make..."
