THE GENERAL DUTY OF A LAWYER AND THE
DUTY OF A LAWYER TO SOCIETY.
1. DUTY OF ETICATE: One of the fundamental duties of this profession as a lawyer,
you have a legal duty to help the court administer justice to the society. You are under obligation
to administer professional skill and care where by the court will entirely rely on your guidance
and your persuasions hence giving justice to society.
You must make sure that justice is done to the society so as to ensure that there is a consistent
flow of the law to the members of the society.
In the case of MBALALA MUNUNGA vs LAZ and ATTORNEY GENERAL: The duty of a
lawyer to act with nobility and integrity is not only to the clients simply because they are paying
you, NO!!!!!! , but it’s your obligations to help the court pass justice to the society. NOBILITY
and INTERGRITY equals DUE DILIGENCY.
TERRE FIRMA (Standing on firm ground). It makes sure that each and every decision the
judge makes stands on firm ground. It is unethical for a lawyer to do anything that breaches your
oath of allegiance. In the case of GENERAL KABWE vs THE PEOPLE: As a lawyer, you are
under oath to protect;
- THE CONSTITUTION
- THE OFFICE OF THE PRESIDENT.
The president has confidence and trust in you, when you do something wrong, you breach the
contract of UBERRIMAE FIDEI (Duty to act with at most good faith). In the case of SAMUEL
and CHILEKWA vs THE PEOPLE, a lawyer who says things to clients which can make the
clients lose confidence and trust in them or in the judicial system is guilty or has committed
contempt of court. As a lawyer do not saying certain things to clients in the presence of judges
and chief justices because you might be sent to jail for that.
No matter the temptation, as a lawyer do not comment on political matters because that’s very
unethical and it will in turn hinder the two oaths that you swore, which is to protect the
constitution and the office of the president.
UBERRIMAE FIDEI- The judges should have confidence in you and trust in you, where even if
you are told something, you won’t tell anyone.
Judges as human beings might be influenced by other external factors such as unconditional bias,
this may cause at times the judge not to give a fair decision to the society. (In alignment with the
LAZ act).
Whenever a lawyer cites the law, it ties the judge’s hands such that the judge will hear wat the
lawyer has to say because that lawyer has cited the law.
As a lawyer, you duty is to persuade the judges to make a right decision based on what you
would have researched as a lawyer. But it doesn’t mean that the judges are bound to follow your
submissions.
As a lawyer, you are always paid regardless of you losing a case. This is because the
payment is always secured by the law. It is illegal as well as unethical for you to get more pay
when you win a case for the client. You don’t accept money from a client who you have worked
for before as an appreciation for what you did for you, that’s an illegality. It’s not about who
wins or loses a case, what matters is seniority, seniors get more money than juniors.
Make sure the judge is in line with what you are citing because the judge is the one who makes
the final ruling. So if you decide to cite wrong cases in a proceeding, you will end up losing the
case. No matter how good your submissions might be, the court has the authority to say no or to
agree with you.
In the case of WILLARD MUTOKA vs CHAMBESHI WATER AND SANITATION
COMPANY LTD: It was debated that even if counsels submissions are that good, once they look
at it and interpret it, they are bound to follow the binding documents to come up with a decision.
As a lawyer you also have a duty to decorum and this also includes your dressing. You ought to
dress in a way that will please the court, it is your obligation as a lawyer. There is a certain way
you dress when you are appearing before the high court, court of appeal and the Supreme Court.
In superior courts, you are never allowed to go in your jacket or suit, you always go in what they
call an attorneys attire. This attorney attire include;
- Striped slacks (Black) and striped skirts for females (Not too short nor too long).
- White soft linen long sleeved shirt (for civil matters, blue stripped shirt, for criminal
matters, red striped shirt.)
- A lawyers jacket
- No belt in the black slacks
- Black shoes (strictly black).
- A colure winged shirt and your wings
- And also most importantly your wig.
- A lawyers gown/robe
NOTE: You only put on a wig when you are appearing before the court of
appeal, Supreme Court and constitutional court. These other courts it’s not a mandate
that you put on a wig. But in all instances, a gown is a must in all courts.
Another duty is the duty to CANTOR (Not to mislead the court): This duty tells that as a lawyer,
you are under obligation to mislead the court or misrepresent the party. Don’t engage yourself in
fake precedents or citing of cases. In the case of NIX AND WHITESTAN IN THE UNITED
STATES OF AMERICA: The Supreme Court said something very fundamental. The duty of
candor on a lawyer goes to an extent that if you own client misleading the court, you must report
him/her to the judge.
THE LAW BETWEEN ATTORNEY AND CLIENTS: Privilege and immunity, whatever you
discuss with your client should remain between the both of you, no body should know about it.
When your client is misleading the court on purpose, you have the duty to choose to side with
the court at the expense of your client because it’s unethical for your client to do that.
Whenever the interest of the clients comes into conflict with the interests of the judge, no matter
how subjective that could be, always be on the side of the judge because you are an officer of the
court, the judge is your boss.
The duty of candor to you as a lawyer doesn’t just go on your making false presentations or
misleading the court, but also correcting your client.
Another duty is the duty to act as an AMICUS CUREA (Friend of the court): This duty of being
an amicus curea demands that in the process of helping the court administer justice, as you can
apply to be part of the proceeding of the case that doesn’t even concern you.
When you see that competences of lawyers before the court are falling short from what is
expected from them.
The law says in the constitution; Each and every person has the right to legal representation.
Clients are ought to choose lawyers of their own you don’t need to advertise yourself. People
will come to you on the basis of good will. You do a perfect job for a certain client, clients will
start coming to you upon hearing that.
It is unethical and unprofessional for a lawyer to start advertising him/herself. Very
unprofessional (MR KABESHA CURRENT ATTORNEY GENERAL ADRESSES IN A LAZ
AGM MEETING).
Recently, MR JOHN PETER SANGWA filled in application for amicus curea in the case of
MICHEAL MOONO VS EDGAR CHAGWA LUNGU AND ATTORNEY GENERAL for
eligibility to participate in the 2026 general Zambian elections.
The case of JAMES MWESHI VS ZCCM: The court emphasized for lawyers to be alert and
very observant of what is happening in the public related litigations. You have to take keen
interest to follow the proceeding on what’s going on so as when you observe a lawyer is like to
pass a wrong submission, you will be there as an amicus curea to intervene and let a right
decision to be passed.
Another duty is that as a lawyer, you are not supposed to temper with evidence for court
proceedings. In the case of AMOS CHANDA VS THE PEOPLE: Mr. Chanda was convicted for
tampering with evidence. He was working hand in hand with some court marshals and was able
to have access to the records of the court and removed some papers from there. This case later
went into a criminal case.
In the case of DR KALINGWE VS THE LAW ASSOCIATION OF ZAMBIA: I this case, a
lawyer working for a certain institution was under pressure because of political influence. He
talked to a person who was working in the security office who usually notifies on the records that
are in the court. So Mr. Kalingwe was likely to be punished with double jeopardy (double
punishment for a certain crime committed). VERY FUNDERMENTAL DUTY THIS DUTY.
Another duty is the duty to avoid Perjury: Perjury is a criminal offence where a witness on oath
tells a lie. As a lawyer, when you observe such, you must not do a blind eye to the judge because
you will also become a culprit of the court.
Another duty is the duty not to engage in EXPARTE : No chit chatting with the
judge behind the back of other lawyers is breach of your ethics. (In the case of FRED MEMBE
VS ATTORNEY GENERAL). It is professional misconduct for a lawyer to sneak with the judge
in the absence of other lawyers.
