A word to lawyers on billing clients

[Respicius Mwijage]

Introduction​

In the legal profession, few issues spark as much quiet frustration and public misunderstanding as the matter of legal fees. For practicing advocates in Tanzania, billing is not merely a financial concern; it is a reflection of professional worth, ethical integrity, and institutional sustainability. Yet, many lawyers find themselves walking a tightrope balancing rising costs, outdated regulations, client expectations, and judicial assessments that often fail to recognize the true value of legal work. This article speaks not only to legal practitioners and judicial officers but also to Tanzanian citizens who, directly or indirectly, rely on legal services in their personal, business, and civic lives.​

The cost of doing justice​

Being an advocate in Tanzania today is no easy undertaking. Legal practitioners contend with a range of economic pressures: taxes imposed by the Tanzania Revenue Authority (TRA) and local government authorities, escalating office rental fees some denominated in U.S. dollars per square meter and mandatory dues to the Tanganyika Law Society (TLS), other regulatory bodies, and the judiciary.

Amidst these burdens, the Advocates Remuneration Order of GN No. 263 published on 17/07/2015 remains rigid and largely unresponsive to present-day economic realities. While meant to standardize legal fees, it often functions as a barrier to fair compensation forcing many advocates to operate under a fee structure that neither matches the complexity of legal practice nor supports the sustainability of the profession.​

When value is undervalued​

Equally troubling is the manner in which bills of costs are assessed. Though such bills are technically filed by decree holders, the underlying legal fees mirror the time, skill, and dedication of advocates. Yet, in practice, taxing masters frequently impose arbitrary reductions based on subjective interpretations of “reasonableness.” The result? Advocates are left undercompensated, clients are left confused, and the legal process is diminished.

It is not uncommon for clients, especially the well-informed, to ask; If we win this case, will the court reimburse all our legal fees? The truthful answer is: Not always. Recovery of costs is subject to judicial discretion, and the unpredictability of such discretion erodes public confidence in the value of legal services.​

The role of Advocate​

Lawyers do more than represent clients in court. In criminal law, an advocate defends constitutional rights, safeguards due process and ensures fair trial standards. In civil disputes, an advocate protects legal and financial interests through strategic advice, meticulous drafting, courtroom representation, and where appropriate alternative dispute resolution mechanisms.

Beyond litigation, lawyers serve as gatekeepers of preventive justice. They interpret laws, draft critical legal documents, guide clients through regulatory complexities, and shield individuals and businesses from future liabilities. To the judiciary, advocates are not adversaries but officers of the court, upholding justice, fairness, and the rule of law.​

Reforming the remuneration regime​

For the profession to survive and thrive, the Advocates Remuneration Order (supra) must be urgently reviewed and revised. But this cannot be done by distant bureaucracies or institutions unfamiliar with the daily struggles of practice. The reform must be led by those who live the reality advocates themselves.

It is time for lawyers to unite in developing a modern, flexible, and context-sensitive billing framework one that reflects the true value of legal services without burdening clients or undermining ethics.​

Professionalism in practice​

While fee arrangements are private contracts between advocate and client, they must still reflect the values of fairness, dignity, and ethical responsibility. Charging unreasonably low fees in the name of competition or survival may appear practical in the short term but it devalues the profession and sets dangerous precedents.

On the other hand, clients should not be overburdened with excessive or opaque billing. The challenge is to strike a balance; to price legal services in a way that honours the skill and time invested, while remaining accessible to those in need.​

The Judiciary’s role in upholding dignity​

Taxing masters must approach the assessment of legal costs with impartiality, professionalism, and an appreciation for the intellectual and procedural labour embedded in legal services. Assessments should never be reduced to arbitrary cuts or personal perceptions. They must reflect legal complexity, time spent, and the advocate’s contribution to the administration of justice.​

Conclusion​

As advocates, we must reclaim the narrative around legal fees not with defensiveness, but with dignity. Let us speak honestly about the cost of justice. Let us bill fairly, defend boldly, and advocate ethically. Let us push for reforms that honour the value of our work and respect the rights of our clients.
In doing so, we not only protect the future of the profession we also elevate the quality, accessibility, and integrity of justice in Tanzania.​