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Guide
Hiring a lawyer in Africa: questions to ask
What to check before you instruct a law firm in an African country: admission, engagement terms, fees, language and conflicts.
The short answer
Check the lawyer is admitted in the country concerned, ask the same questions of each firm, and get the scope and fees in an engagement letter before work starts.
Eight questions to ask a law firm
- Is the lawyer who will handle my matter admitted in this country, and with which bar or law society?
- Who exactly will do the work, and who supervises it?
- Will you send an engagement letter setting out scope, fees and billing?
- How do you charge – hourly, fixed fee or stages – and in which currency?
- Have you checked for conflicts of interest with the other parties?
- In which languages can you work, and will documents need certified translation?
- How will we communicate, and how quickly do you usually respond?
- If other countries are involved, do you work with firms there, and how is that billed?
Checking admission
Each country has its own body that admits lawyers. Who to ask in each of the 54 countries.
Language and legal system
Many African countries work in French, Portuguese or Arabic as well as English, and their legal systems differ – common law, civil law, mixed systems, and the OHADA business-law zone in 17 countries. The overview.
Find a firm
Questions
Should I use a local firm or an international firm?
International firms with African offices often suit cross-border deals; local firms often know local courts, regulators and practice in depth. Many matters use both. Every country page shows which firms name an international firm or network.
Can a foreign lawyer act for me in an African country?
Usually only a lawyer admitted in that country can appear in its courts and give advice on its law. Rules differ – ask the firm, and check with the national bar or law society.
What is an engagement letter?
A written agreement with the firm that sets out what it will do, who will do it, how it charges and how either side can end the engagement. Ask for one before work starts.
General information, not legal advice.