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The terms and conditions upon which A. M. Mbindyo & Co. Advocates accepts your instructions to act are set out below. These terms may be varied or added to by correspondence. If, for whatever reason, you do not accept or you are not clear with these terms you may call the Advocates responsible for your matter immediately.

1. Our Duty

1. It is our professional duty to give your affairs proper care, skill and attention.
2. Our firm will throughout the handling of your matter rely on you to supply in timely manner all information needed to act on your behalf and to advise us promptly of any relevant change in circumstances. A. M. Mbindyo & Co. Advocates will not be under any obligation to verify or check the accuracy of such information unless it is specifically agreed in writing that we should do so.

2. Fees

1. The basis of our charges shall be set out in a letter confirming our acceptance of your instructions to act in accordance with current Advocates Remuneration Order. Where appropriate other factors set out in the Advocates Remuneration Order may be taken into account, notably the complexity of the matter, value and importance of the matter in issue.
2. Sums incurred by us on your behalf (such as search fees and all other disbursements) will be chargeable in addition, as well as expenses incurred on faxes, telexes, couriers, telephone calls and copying.
3. Value added tax at the applicable rate, presently 16%, is chargeable on fees and most disbursements (other than stamp duty and government fees). Quotations and estimates do not include value added tax unless expressly stated.
4. Any estimates of costs are given for guidance only on the basis of information then known to us and are not to be regarded as quotations. You should note it is often not possible to estimate costs accurately in advance.
5. Interim bills may be submitted at appropriate intervals during the course of a matter at our discretion.
6. Any hourly rates quoted are indicative only. We reserve the right to adjust our fees to take into account the value, importance, complexity and urgency of the matter any unforeseen circumstances including any volatility in inflation or exchange rates.

3. Payments

1. We may at any time require from you a deposit on account of anticipated costs and disbursements. We shall have the right to appropriate the deposit to defray disbursements incurred on your behalf or to pay interim bills. However, deposits are, in the normal way to be held against payment of the final account to be rendered to you and you are expected to settle interim bills without resort to the deposit.
2. Our bills are due and payable on delivery. We are entitled to charge interest on any sum unpaid one month after the date of delivery of a bill at the rate prescribed under the Advocates Remunerations Order unless otherwise agreed.

4. Litigation

If you are successful in any litigation, it may be that you will be entitled to an order for the payment of costs by the other party. Such an award is in the discretion of the court. You should note that costs recoverable from other parties will, at best, represent only a small proportion of the costs payable to you. You will be personally liable to us for your costs regardless of any order made against your opponent and whether or not the opponent pays any costs awarded in your favour. If you lose proceedings, you will probably have to pay some of your opponent's cost as well as your own.

5. File Storage

At the end of a matter, the file dealing with your matter will be stored for a reasonable period free of charge or such time as may be agreed between you and us. However, a charge may be made for storing any document in safe custody or retrieving the file from storage at your request and for supplying copies of any documents. Provided that at the lapse of seven (7) years from the date of determination/execution and/or closure of any file, our firm shall be at liberty to destroy the same without any further reference to you.

6. Commission and Interest

1. Unless otherwise agreed, we shall be entitled to retain any usual commission earned during the conduct of any matter e.g. insurance agent's commission.
2. If we hold money on your behalf, the money will be kept with our usual bankers (Barclays Bank of Kenya Limited) unless you instruct us to the contrary. If it is likely that a substantial sum of money will be held by us, we may agree to deposit it specifically on your behalf.

7. Cessation

We will have the right to cease work and determine our retainer by giving you written notice at your last known address in the event that:

1. Any bill remains unpaid for more than three months after delivery and without agreement.
2. You fail to pay any deposit requested within one month or such less period as may in the circumstances be reasonable of such a request being made unless otherwise agreed.
3. You fail without reasonable cause to give us any instructions requested for a period of one month without any agreement.

8. Client Care

It is the policy of A. M. Mbindyo & Company Advocates to investigate complaints and expression of dissatisfaction fully and promptly. If you have a complaint relating to the work being carried out for you, you should raise this in the first instance with the fee earner dealing with the matter and, if you are dissatisfied with his or her response you should raise the matter with any of the partners.

If you are still dissatisfied, you should then make a formal complaint addressed to any of the partners or an Advocate within the firm nominated by either of them, who will then look into the matter and let you have a response, usually within 14 days of receipt of your complaint.