Letter of Engagement in Zimbabwe

A Letter of Engagement is a contract of mandate between a legal practitioner or a law firm and a client. It is essential to highlight that, a legal practitioner and client (attorney – client) relationship is, ‘of a very special character with certain aspects peculiar to itself.’ see Goodriche & Son v Auto Protection Insurance Co Ltd (In Liquidation) 1967 (2) SA 501 (W) 503H.

A Letter of Engagement gives certainty to both parties and usually governs most, if not all of their interactions including but no limited to billing practice and policies i.e., applicable rates, data protection and dispute resolution. see Benson & Another v Walters & Others 1984 (1) SA 73 (A) 83. A Letter of Engagement in Zimbabwe is also known as a Mandate Agreement. In essence, it sets out the terms and conditions of the engagement / mandate between the parties. see Honey & Blankenberg v Law 1966 (2) SA 43 (R) 46E-G.

In Zimbabwe, as in other countries, a Letter of Engagement for Legal Services can be entered into orally, that is verbally or in writing. However, it is always best to have a written Letter of Engagement. Thus, a Letter of Engagement is regarded as a consensual contract between a client (the mandator) and a legal practitioner or law firm (mandatory), in terms of which the mandatory undertakes to perform a lawful mandate or commission for the mandator.