Legal practitioners rules 2002 zambia pdf

Legal practitioners practice rules 2002 zambia.

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GOVERNMENT OF ZAMBIA STATUTORY INSTRUMENT No. 51 OF 2002 The Legal Practitioners Act (Laws, Volume 4, Cap. 30) (S.I. No. 51) The Legal Practitioners’ Practice Rules, 2002 ARRANGEMENT OF RULES PART I PRELIMINARY Rules 1.
Title and commencement 2. Interpretation PART II GENERAL 3.
Application and basic principles of practice 4. Introductions and referrals generally 5.
Avoiding conflicts of interest in conveyancing, property selling and mortgage related services 6. Seller’s Advocate dealing with more than one prospective buyer 7.
Fee sharing 8. Contingency fees 9. Claims from personal injury or death 10. Names used by a firm 11. Naming partners and staff 12. Professional Stationery 13. Location, Supervision and Management of an office 14.

Client care PART III PUBLICITY AND STATEMENTS ON CHARGES OR FEES 15. General principles 16. Unsolicited visits, telephone calls, touting and advertising 17. Statements as to charges 18. Directory headings 19. Addresses to court 20.

Institutional publicity PART IV INTRODUCTIONS AND REFERRALS 21. Application of part III 22. Professional independence 23.

Introduction or referral of business to practitioners PART V EMPLOYED LEGAL PRACTITIONERS 24. Application of part V 25. Conflict of interest 26. Independence of practitioner 27. Practising as an advocate or practitioner 28. Law centers, charities and other non-commercial advice services PART VI LEGAL PRACTITIONERS SEPARATE BUSINESS
29. Safeguards in relation to separate business generally 30. Meaning of separate business PART VII ADVOCACY, ETHICS AND ETIQUETTE 31. Interpretation of part VII 32. Fundamental principles 33.
Decision to accept brief from client 34.
Withdraw from case 35. Conduct of work with client 36.
Conduct of work at court 37. Communications with clients and third parties 38. Courtesy 39.
Settlement outside court PART VIII LEGAL PRACTIONERS HOLDING PUBLIC OFFICE 40. Ministers, Deputy Ministers, Attorney-General, Director of Public Prosecutions, Solicitor-General or other positions PART IX MISCELLANEOUS 41. Non compliance with rules 42. Suspension of practicing certificate The Legal Practitioners Act (Laws, Volume
4 Cap. 30) Legal Practitioners Practice Rules, 2002 IN EXERCISE of the powers contained in section ninety of the Act and with the concurrence of the Chief Justice, the following Rules are hereby made: 1. (1) These Rules may be cited as the Legal Practitioners Practice Rules, 2002. (2) These rules shall come into operation on the expiration of thirty
days from the date of publication of these Rules. Title and commencement PART I PRELIMINARY 2. In these rules, unless the context otherwise requires- “Act” means the Legal Practitioner s Act; “advertisement” and “advertising” refer to any form of advertisement whether electronic or print and include, newspaper articles, television and radios
broadcasts, brochures, directory entries in the yellow pages, stationery, and press releases or promoting a practitioner’s practice; but exclude a press release prepared on behalf of a client, or notice by a firm on change of address or contract details of the firm; “arrangement” means any express or tacit agreement between a practitioner and another
person whether contractually binding or not; “contentious proceeding” is to be construed in accordance with the definition of “contentious business” in section two of the Act; “contingency fee” means any sum, whether fixed or calculated either as a percentage of the proceeds or otherwise howsoever, payable only in the event of CHAPTER 30LEGAL
PRACTITIONERS ACT Arrangement of Sections Section PART IPRELIMINARY 1. Short title 2. Interpretation 3. Certain officers exempt from provisions of this Act PART IIDISCIPLINARY COMMITTEE 4. Establishment of a Disciplinary Committee PART IIIADMISSION AND ENROLMENT 5. Roll of practitioners 6. Qualification for
admission as a legal practitioner 7. Repealed by Act No. 10 of 1996 8. Repealed by Act No. 10 of 1996 9. Repealed by Act No. 10 of 1996 10. Repealed by Act No. 10 of 1996 11. Professional and academic qualifications 12. Apprenticeship qualifications 13. Admission by the Chief Justice 13A. Undertaking as to requisite
practical experience 14. Admission fee 15. Entry of name on Roll 16. Attorney-General, Solicitor-General and Director or Public Prosecutions to be appointed State Counsel for Zambia 17. Power of the President to appoint a State Counsel for Zambia and procedure for appointment 18. Limitation on appointments of State Counsel for
Zambia 19. Qualification for appointment as a State Counsel for Zambia 20. Precedence of practitioners 21. (Spent) PART IVREMOVAL FROM AND RESTORATION TO THE ROLL 22. Removal from Roll and procedure of Disciplinary Committee 22A. Suspension of Legal Practitioner from practice 23. Rules governing Disciplinary
Committee 24. Powers of Court under sections 22, 25, 27 and 28 to be exercised by two Judges 25. Consideration of report by Court 26. Representation by counsel 27. Reference of report back to Disciplinary Committee 28. Power of Court to deal with practitioner 29. Disciplinary powers of Court or Judge apart from inquiry by
Disciplinary Committee 30. Power of Registrar to draw up orders 31. Orders of Court to be noted on Roll 32. Limitation of time for certain applications to strike names off Roll 33. Restoration to Roll 34. Disciplinary powers as to clerks PART VPRACTISING CERTIFICATES 35. Association to issue practising certificates
36. Application for practising certificates 37. Discretion of Association to refuse certificate in special cases 38. Date and period of validity of practising certificate 39. List published by Association to be prima facie evidence of practitioner holding certificate PART VICOMPENSATION FUND 40. Compensation Fund PART
VIIPRIVILEGES, RESTRICTIONS AND OFFENCES IN CONNECTION WITH PRACTICE 41. Qualifications for practising 42. Unqualified person not to act as an advocate 43. Penalty for pretending to be an advocate 44. Offences by unqualified persons 45. Instrument to be endorsed with name and address of drawer 46. Penalty on
unqualified person acting in preparation of papers for probate, etc. 47. No costs recoverable where unqualified person acts as advocate 48. Practitioner not to act as agent for unqualified person 49. Employment by practitioner of persons struck off Roll or suspended 50. Penalty on failure to disclose fact of having been struck off, etc.
51. Offences by bodies corporate 52. Offences by practitioners 53. Offences deemed professional misconduct 54. Saving as to employment of unqualified persons by qualified persons 55. Restriction upon right to employ qualified persons who are not practitioners PART VIIIKEEPING OF ACCOUNTS BY PRACTITIONERS
56. Interpretation 57. Practitioner’s accounts 58. Client’s money to be paid into bank or building society 59. What money to be paid into client account 60. Withdrawing of money from client account 61. What money need not be paid into client account 62. Complaint in respect of practitioner’s failure to comply with provisions
63. Evidence and deposit of costs before instituting inspection of accounts 64. Notice to practitioner: how made 65. Penalty for breach of Part VIII 66. Saving 67. Relief to banks 68. Association may require production of practitioner’s books 69. Power of Association to deal with property of certain practitioners PART
IXREMUNERATION OF PRACTITIONERS 70. Power to make general orders as to remuneration of practitioners 71. Scale of rates of commission and percentage 72. Security for payment of remuneration, and regulating interest 73. Taxation of bills of costs 74. Agreements with respect to remuneration for non-contentious business
75. Remuneration of practitioner who is a mortgagee 76. Power to make agreements as to remuneration for contentious business 77. Miscellaneous provisions as to agreements with respect to costs of contentious business 78. In certain circumstances taxing officer may reduce amount payable under agreement 79. Death, incapability
or change of practitioner, etc. 80. Agreement excludes taxation 81. Miscellaneous provisions as to remuneration for contentious business 82. Power of Court to order practitioner to deliver his bill and to deliver up deeds 83. Action to recover practitioner’s costs 84. Charging orders PART XMISCELLANEOUS 85. Practitioners to be
officers of the Court 86. Onus of proof 87. Payment of expenses of Disciplinary Committee 88. Authentication of regulations and other documents 89. Rules of court 90. General regulations 91. Saving of other written laws 92. Repeal and savings FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE AN ACT to
amend and consolidate the law relating to legal practitioners. [23rd March, 1973] Act 22 of 1973, Act 21 of 1981, Act 13 of 1994, Act 24 of 1998, Act 14 of 2006, Act 17 of 2009, Act 1 of 2014. PART IPRELIMINARY 1. Short title This Act may be cited as the Legal Practitioners Act. 2. Interpretation In this Act, unless the context otherwise requires—
“Association” means the Law Association of Zambia established by the Law Association of Zambia Act; “client” includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, expressed or implied, to retain or employ, and retains or employs a practitioner and any person
who is or may be liable to pay to a practitioner any costs; “the Compensation Fund” means the Compensation Fund to be established under the provisions of section 40; “contentious business” includes any business done by a practitioner in any court; “costs” includes fees, charges, disbursements, expenses and remuneration; “the Council” means the
Council of the Association; “the Court” means the High Court; “the Disciplinary Committee” means the Disciplinary Committee to be established under the provisions of section 4; “the Legal Practitioners Qualifying Examination” means the examination set by the Council of Legal Education, whereby qualification for admission as a practitioner may be
granted pursuant to section 11 or 12; “non-contentious business” means any business in which a practitioner is employed other than contentious business; “practice” means the practice of the profession of an advocate, and “practise” and “practising” shall be construed accordingly; “practising certificate” means a certificate issued by the Association
under the provisions of section 35; “practitioner” means a person who has been admitted to practice as an advocate under the provisions of this Act and whose name is duly entered on the Roll; “a practitioner of the prescribed standing” means a practitioner of not less than five years’ standing in Zambia or such lesser period as the Council of Legal
Education may, in any particular case, prescribe; “the Registrar” means the Registrar of the High Court; “the Remuneration Committee” means the committee to be established to deal with the remuneration of practitioners in accordance with the provisions of Part IX; “the Roll” means the list of practitioners kept in accordance with the provisions of
this Act; “State Counsel for Zambia” means— (a) a person who attained the rank of Queen’s Counsel for the former Protectorate of Northern Rhodesia; and (b) a person admitted to the Inner Bar of Zambia; “unqualified person” means a person who is not a practitioner and includes a practitioner who has not in force a practising certificate.
3. Certain officers exempt from provisions of this Act (1) Every officer to whom this section applies shall, in connection with the duties of his office, be entitled to practise, and shall not, except as in this Act expressly provided, be subject to the provisions of this Act. (2) The officers to whom this section applies are— (a) the Attorney-General,
the Solicitor-General, the Parliamentary Draftsmen, the Director of Public Prosecutions, the International Law Adviser and any Assistant International Law Adviser, the Assistant Parliamentary Draftsmen and all Senior State Advocates and State Advocates for the time being employed in the Attorney-General’s Chambers; (b) the Administrator-
General and any qualified person for the time being employed in the Administrator-General’s Department; (c) the Local Courts Adviser, if a qualified person; (d) any officer of a municipal council, if a qualified person; (e) the Director of Legal Aid and legal aid counsel appointed under the Legal Aid Act, if qualified persons.
(3) Nothing in this Act contained shall be construed or deemed to prevent— (a) an unqualified person from appearing for and representing in a court any party to any civil cause or matter, if duly authorised thereto by any rule of the Court or of subordinate courts; (b) a District Secretary, an Assistant District Secretary or a Labour Officer,
by leave of the Court or a subordinate court, as the case may be, from appearing for and representing in that court an African in any cause or matter; (c) a Government officer, for good cause shown to the satisfaction of a court, from appearing for and representing the People, the Government, the President or the head of any Government
department in any proceedings, cause or matter to which the People, the Government, the President or the head of any Government department, as the case may be, may be a party. (4) For the purposes of this section, “qualified person” means— (a) any person admitted as a practitioner under the provisions of this Act; (b) any person
admitted as a qualified lawyer (by whatever name called) and thereby having a right of audience before courts exercising original civil or criminal jurisdiction in a self- governing State being, in the opinion of the Council of Legal Education established pursuant to section 7, a State which is, or was at any time, a member State, or was part of a member
State, of the Commonwealth of Nations and which applies as its predominant basic system of law the Common Law or a legal system founded upon the Common Law. PART IIDISCIPLINARY COMMITTEE 4. Establishment of a Disciplinary Committee (1) There shall be established for the purposes of this Act a committee to be called the Disciplinary
Committee consisting of— (a) the Attorney-General and the Solicitor-General; and (b) five practitioners (hereinafter referred to as nominated members) being members of and nominated by the Association, and appointed by the Minister.
(2) Every nominated member shall hold office for three years from the date of his nomination and shall be eligible for re-nomination. [S 4 am by s 2 of Act 14 of 2006.] (3) During the temporary absence from Zambia of any nominated member, the Disciplinary Committee may nominate any practitioner to act as a temporary nominated member in
the place of such absentee until his return or until the expiration of his period of office, whichever first occurs. (4) The Attorney-General shall be chairman of the Disciplinary Committee and shall preside at all meetings at which he is present. In the absence of the Attorney-General, the Solicitor- General, if present, shall preside. In the absence of
both the Attorney-General and the Solicitor-General at any meeting of the Disciplinary Committee, the members present shall elect a member to preside at such meeting. (5) Three members of the Disciplinary Committee shall form a quorum: Provided that the Committee shall not sit unless it is made up of an unequal number of members. (6) Any
question before the Disciplinary Committee shall be decided by a majority of votes of the members present and every member so present shall record a vote. (7) Members of the Disciplinary Committee, other than the Attorney-General and the Solicitor-General, shall be paid, in respect of expenses incurred by them in travelling and subsistence when
discharging their duties, such sums as may be prescribed by the Minister. PART IIIADMISSION AND ENROLMENT 5. Roll of practitioners (1) The Registrar shall keep, in accordance with the provisions of this Act and of any regulations made thereunder, a list of all the practitioners to be known as the Roll.
(2) Any name of any practitioner which immediately prior to the commencement of this Act was entered upon the Roll shall remain thereafter so entered unless removed from, or struck off the Roll pursuant to Part IV, and, subject to the provisions of section 20, the order of precedence of such practitioners shall be according to the priority shown on
the Roll existing at that date. 6. Qualification for admission as a legal practitioner No person shall be admitted as a practitioner unless he is duly qualified in accordance with the provisions of section 11 or 12. 7. … [S 7 rep by Act 10 of 1996.] 8. … [S 8 rep by Act 10 of 1996.] 9. … [S 9 rep by Act 10 of 1996.] 10. … [S 10 rep by Act 10 of 1996.]
11. Professional and academic qualifications (1) subject to subsection (1) of section thirteen, a person may be admitted as a practitioner if that person— (a) is a holder of a degree in law obtained from a public university established under the University Act, 1999, and whose programme has been accredited by the Council of the Zambia
Institute of Advanced legal Education; or (b) is a holder of degree in law obtained from a private university registered in accordance with the provisions of the University of Act, 1999 and whose programme has been accredited by the Council of the Zambia Institute of Advanced Legal Education; or (c) is a holder of degree in law obtained
from a university outside Zambia in a country operating the Common Law system approved by the Council of the Zambia Institute of Advanced Legal Education and whose degree in law is recognized by a university accredited under the Zambia Institute of Advanced Legal Education Act as academically equivalent to a degree of that accredited
university; and (d) has— (i) for one year, attended a course of post graduate study required by the Council of the Zambia Institute of Advanced Legal Education and has been duly certified as having fulfilled the requirements of such course by the Director of the Institute; or (ii) after having obtained a degree, completed two years’
service in Zambia as an articled clerk under articles of clerkship to a practitioner; and (e) has passed the Legal Practitioners Qualifying Examination. (2) Notwithstanding subsection (1), a person may be admitted as a practitioner if that person is a qualified lawyer, by whatever name called, and thereby has a right of audience before courts
exercising original civil or criminal jurisdiction in a self-governing State, or was part of a Member State, of the Commonwealth of Nations and which applies as its predominant basic system of law the Common Law or a legal system founded upon the Common Law and— (a) that person— (i) has been a practicing lawyer of not less than three
years’ standing in the State in which the person is entitled to practice; (ii) has been actively employed for not less than six months in Zambia— (A) in a legal capacity in the office of a practitioner of prescribed standing; (B) in a judicial or legal capacity in a department of Government prescribed by the Minister; or (C) in the
department of a town clerk who is admitted as a practitioner under this Act and is the person’s employer, or the public officer in charge of the department of Government in which the person has served, or under whom the person has worked, as the case may be, has certified the person’s work as being satisfactory; or (iii) has for one year
attended a course of post graduate study required by the Council of the Zambia Institute of Advanced Legal Education, and has been duly certified as having fulfilled the requirements of such course by the Director of the Institute; and (iv) has passed such parts of the Legal Practitioners’ Qualifying Examination set by the Council of the Zambia
Institute of Advanced Legal Education as may be specified by the Council; or (b) that person— (i) has been a practicing lawyer of not less than three year’s standing in the State in which the person is entitled to practice and the Council of the Zambia Institute of Advanced Legal Education, after consultation with the Minister and the Chief
Justice, deems the person’s qualifications to be sufficient for the purposes of this section; (ii) has been actively employed for not less than one year in Zambia— (A) in a legal capacity in the office of a practitioner of prescribed standing; (B) in a judicial or legal capacity in a department of Government prescribed by the Minister; or
(C) in the department of a town clerk who is admitted as a practitioner under this Act and is the person’s employer, or the public officer in charge of the department of Government in which the person has served, or under whom the person has worked, as the case may be, has certified the person’s work as being satisfactory; or (iii) has for
one year attended a course of post graduate study required by the Council of the Zambia Institute of Advanced Legal Education, and has been duly certified as having fulfilled the requirements of such course by the Director of the Institute; and (iv) has passed such parts of the Legal Practitioners’ Qualifying Examination set by the Council of the
Zambia Institute of Advanced Legal Education [S 11 subs by s 2 of Act 17 of 2009.] 12. Apprenticeship qualifications (1) Notwithstanding the provisions of section 11 and subject to the provisions of sub-section (1) of section 13, a person shall be admitted as a practitioner if— (a) he has completed the prescribed period of service in the Republic
as an articled clerk under articles of clerkship to a practitioner of the prescribed standing; and (b) the person has obtained a degree in law from a university established under, or registered in accordance with, the University Act, 1999, and whose programme has been accredited by the Council of the Zambia Institute of advanced Legal
Education; and [S 12(1)(b) subs by s 3 of Act 17 of 2009.] (c) he has passed the Legal Practitioners Qualifying Examination set by the Council of Legal Education. (2) For the purposes of this section— (a) the term “prescribed period of service” means such period of service as is prescribed by the Council of Legal Education, and in this
regard the Council of Legal Education may prescribe different periods for different persons or different classes of persons having regard to the actual experience of such persons in the office of a practitioner of the prescribed standing and to such other matters as the said Council may deem relevant; (b) the term “prescribed examination” means
such examination as the Council of Legal Education may require to be undergone by any person or class of persons in lieu of the obtaining of a degree in law from the University of Zambia. 13. Admission by the Chief Justice (1) Any person who— (a) produces to the Chief Justice a certificate issued by the Council of Legal Education certifying
him as having complied with the applicable provisions of section 11 or 12; and (b) satisfies the Chief Justice that he is of good character; may apply to the Chief Justice to be admitted as a practitioner. (2) Every application made under the provisions of sub-section (1) shall be by petition to the Chief Justice and shall include an undertaking in
writing as to requisite practical experience in such form and manner as the Chief Justice may prescribe. (3) Upon application being made pursuant to this section and upon production of such testimonials as to character as he may require, the Chief Justice may, in his discretion, after the applicant has taken the oath or oaths set forth in the First
Schedule, by writing under his hand grant to the applicant a certificate of admission as a practitioner. [S 13 am by Act 21 of 1981.] 13A. Undertaking as to requisite practical experience (1) An applicant to whom section 13 applies shall be deemed, in his undertaking as to requisite practical experience, to have undertaken— (a) that he shall not,
until he has satisfied the Association that he has gained the requisite practical experience— (i) set up a legal practice, open a law office or in any way practice law on his own account; (ii) establish or become a partner in, any firm of lawyers; or (iii) appear before the Supreme Court; and (b) that if he violates any of the terms of the
undertaking, he shall, in addition to being in contempt of court, be deemed to be guilty of professional misconduct. (2) In this part, “requisite practical experience” means such active employment for a continuous period of, or for periods amounting in all to, five years as shall have been certified as being satisfactory by the relevant practitioner of the
prescribed standing or head of the relevant department, as the case may be, in— [S 13A(2) am by s 3(a) of Act 14 of 2006.] (a) the office of a practitioner of the prescribed standing; (b) a firm of practitioners where at least one supervising partner was, throughout the period of such employment, a practitioner of the prescribed standing;
(c) a judicial or legal capacity in the Judicial Department, the Attorney General’s Chambers, the Directorate of Legal Aid, the Lands Department, the Chambers of the Director of Public Prosecutions, the Administrator-General’s Department, or any other department of the Government which may be approved for the purpose by the Chief Justice in
consultation with the Attorney-General; (d) the legal department of a district council, a statutory corporation, a company or organisation, where at least one supervising officer was, throughout the period of such employment, a practitioner of the prescribed standing; or (e) such other capacity or office as the Chief Justice may, in consultation
with the Association, approve for the purpose; [S 13A(2)(e) am by s 3(b) of Act 14 of 2006.] Provided that for purposes of appearing before the Supreme Court “requisite practical experience" means active employment for a continuous period of, or for periods amounting in all to, three years.
[S 13A am by Act 21 of 1981, s 13A(2)(e) proviso ins by s3(c) of Act 14 of 2006.] 14. Admission fee Every person admitted as a practitioner under the provisions of section13 shall pay to the Association the sum of four hundred fee units. [S 14 am by Act 13 of 1994.] 15. Entry of name on Roll The Registrar upon production of— (a) a certificate of
admission signed by the Chief Justice pursuant to sub-section (3) of section 13; and (b) a receipt from the Association acknowledging the payment of the fee prescribed by section14; shall enter upon the Roll the name of the person admitted.