CHAPTER 30 - LEGAL PRACTITIONERS ACT: SUBSIDIARY LEGISLATION*
INDEX TO SUBSIDIARY LEGISLATION
Council of Legal Education (Expenses) Order
Law Practice Institute (Establishment) Order
Legal Practitioners (Qualifications) (Prescribed Departments) Orders
Legal Practitioners (Disciplinary Proceedings) Rules
Disciplinary Proceedings (Consideration of Reports) Rules of Court
Legal Practitioners (Accountant’s Certificate) Regulations
Legal Practitioners (Application for Admission) Rules
Legal Practitioners (Costs) Order
Legal Practitioners (Branch Office) Regulations
Legal Practitioners (Practising Certificate) Rules
Legal Practitioners (Disciplinary Proceedings) (Practitioner's Clerks) Rules
Legal Practitioners’ Practice Rules
Legal Practitioners (High Court) (Fixed Costs) Order
Legal Practitioners (Costs) Order
Legal Practitioners’ (Conveyancing and Non-Contentious Matters) (Costs) Order
Legal Practitioners (Publicity) Rules
COUNCIL OF LEGAL EDUCATION (EXPENSES) ORDER
Arrangement of Paragraphs
Paragraph
2. Calculation of travelling and subsistence expenses
[Order by the Minister]
SI 445 of 1968,
Act 13 of 1994.
This Order may be cited as the Council of Legal Education (Expenses) Order.
2. Calculation of travelling and subsistence expenses
The members of the Council of Legal Education appointed pursuant to paragraphs (e), (f) and (g) of sub-section (2) of section 7 of the Act shall, when discharging their duties as such members, be paid travelling and subsistence expenses in amounts calculated at the rates shown in the Schedule.
[Paragraph 2]
A. Travelling Expenses—
(1) Air or Rail: Cost of return ticket for air flight or first class rail journey will be refunded.
(2) Motor Vehicle: Where journey exceeds eight kilometres, the rate of 2 fee units per kilometre will be paid.
B. Subsistence Expenses: 135 fee units per day subsistence will be paid.
[Am by Act 13 of 1994.]
LAW PRACTICE INSTITUTE (ESTABLISHMENT) ORDER
Arrangement of Paragraphs
Order
2. Establishment of Law Practice Institute
[Order by the Minister]
SI 269 of 1968.
This Order may be cited as the Law Practice Institute (Establishment) Order.
2. Establishment of Law Practice Institute
There is hereby established, for the purposes of Part III of the Act, a Law Practice Institute.
LEGAL PRACTITIONERS (QUALIFICATIONS) (PRESCRIBED DEPARTMENTS) ORDER
Arrangement of Paragraphs
Paragraph
[Order by the Minister]
SI 248 of 1968,
SI 287 of 1968.
This Order may be cited as the Legal Practitioners (Qualifications) (Prescribed Departments) Orders.
The departments of Government set out in the Schedule shall be prescribed departments of Government for the purposes of section 11 of the Act.
[Paragraph 2]
1. Attorney-General’s Department.
2. Judicial Department.
3. Administrator-General’s Department.
4. Registry of Deeds.
5. Department of Legal Aid.
6. Lands Department.
LEGAL PRACTITIONERS (DISCIPLINARY PROCEEDINGS) RULES
Arrangement of Rules
Rule
PART I
PRELIMINARY
PART II
APPLICATIONS AGAINST PRACTITIONERS
3. Application against practitioner and affidavit by applicant
4. Committee may require further information
PART III
APPLICATIONS AT THE INSTANCE OF A PRACTITIONER HIMSELF
12. Application for removal from the Roll
17. Application of Parts II and IV
18. Recommendation of Committee
PART IV
GENERAL
24. Amendment, etc., of affidavit
26. Notes of proceedings and inspection thereof
28. Power of Committee to dispense with documents, etc.
30. Application of Evidence Act
31. Admission of authenticity of documents
32. Summons to give evidence and produce documents
[Rules made by the Disciplinary Committee, with the concurrence of the Chief Justice]
GN 259 of 1957,
GN 497 of 1964,
SI 72 of 1964,
SI 114 of 2003.
PART I
PRELIMINARY
These Rules may be cited as the Legal Practitioners (Disciplinary Proceedings) Rules.
(1) In these Rules, unless the context otherwise requires—
“the Committee” means the Disciplinary Committee;
“the Secretary” means the Secretary to the Committee or any deputy or person appointed by the Committee temporarily to perform the duties of that office.
(2) Other expressions in these Rules have the meanings assigned to them in the Act.
(3) The Interpretation and General Provisions Act applies to these Rules in the same manner as it applies to an Act.
PART II
APPLICATIONS AGAINST PRACTITIONERS
3. Application against practitioner and affidavit by applicant
An application to the Committee to strike the name of a practitioner off the Roll of Solicitors and to require a practitioner to answer allegations contained in an affidavit shall be in writing under the hand of the applicant in the form set out in the Schedule and numbered 1, as shall be appropriate, and shall be sent to the Secretary together with an affidavit by the applicant in the form set out in the Schedule and numbered 2, or as near thereto as the circumstances may permit, stating the matters of fact on which he relies in support of his application:
Provided that where the application is made by the Society, the application may be signed and the affidavit sworn on behalf of the Society by such officer as may from time to time be prescribed by the Council.
4. Committee may require further information
Before fixing a day for the hearing, the Committee may require the applicant to supply such further information and documents relating to the application as it thinks fit.
In the case of an application against a solicitor where, in the opinion of the Committee, no <BC:0,0,0,DC>prima facie case is shown in favour of the application, the Committee may dismiss the application without requiring the practitioner to answer the allegations, and without hearing the applicant. If required so to do, either by the applicant or the practitioner, the Committee shall make a formal order dismissing such application.
In the case of an application against a practitioner in which, in the opinion of the Committee, a <BC:0,0,0,DC>prima facie case is shown in favour of the application, the Committee shall fix a day for the hearing, and the Secretary shall serve notice thereof on each party to the proceedings and shall serve on each party, other than the applicant, a copy of the application and affidavit. There shall be at least twenty-one days between the service of any such notice and the day fixed therein for the hearing.
The notice shall be in such one of the forms set out in the Schedule and numbered 3, 4, 6 and 7, as shall be appropriate, and shall require the party to whom it is addressed to furnish to the Secretary and to every other party at least fourteen days before the day fixed for the hearing, unless the Committee directs otherwise, a list of all documents on which he intends to rely.
Any party may inspect the documents included in the list furnished by any other party. A copy of any document mentioned in the list furnished by any party shall, on application and on payment of the proper charges therefor, by the party requiring it, be furnished to that party by the other within three days after the receipt of such application. All inspections within this rule shall be completed not less than seven days before the date fixed for the hearing.
If any party fails to appear at the hearing, the Committee may, upon proof of service on such party of the notice of hearing, proceed to hear and determine the application in his absence.
The Committee may, in its discretion, either as to the whole case or as to any particular fact or facts, proceed and act upon evidence given by affidavit:
Provided that any party to the proceedings may require the attendance upon subpoena of any deponent to any such affidavit for the purpose of giving oral evidence, unless the Committee is satisfied that the affidavit is purely formal and that the requirement of the attendance of the deponent is made with the sole object of causing delay.
The Committee on the termination of the hearing shall embody its findings in the form of a report to the Court which shall be signed and filed with the Registrar, and shall be open to inspection by the practitioner to whom the application relates and his counsel (if any) and also by the applicant, but shall not be open to public inspection. The evidence taken and the documents put in evidence at the hearing shall be filed with the Registrar at the same time as the findings and the report.
PART III
APPLICATIONS AT THE INSTANCE OF A PRACTITIONER HIMSELF
12. Application for removal from the Roll
An application by a practitioner to procure his name to be removed from the Roll shall be made by way of affidavit in the form set out in the Schedule and numbered 5.
The affidavit shall be sent to the Secretary and a copy thereof to the Society, and unless the Committee directs otherwise, shall be supported by letters from two practising practitioners to whom the applicant is known.
The Committee may decide upon the application without requiring the attendance of the applicant. In any other case the Committee shall fix a day for the hearing and the Secretary shall serve notice thereof on the applicant and the Registrar at least twenty-one days before the day fixed for the hearing. The Committee may, if it thinks fit, require the applicant to give notice of his application and of the day fixed for the hearing by advertisement or otherwise, as it may direct.
If any person desires to object to the application, he shall give notice in writing to the applicant, the Society and the Secretary at least seven days before the day fixed for the hearing, specifying the grounds of his objection.
If the objector appears on the day fixed for the hearing, and if the Committee is of opinion, after hearing the parties or either of them (if it thinks fit so to do), that the notice discloses a prima facie case for inquiry, it shall adjourn the hearing and shall give directions relating to the adjourned hearing, including directions as to the party on whom the burden of proof shall lie.
17. Application of Parts II and IV
The Rules contained in Parts II and IV shall apply mutatis mutandis to the hearing of any application under this Part.
18. Recommendation of Committee
In respect of any application by a practitioner to procure his name to be removed from the Roll, the Committee may recommend to the Chief Justice that the name of the practitioner be removed from the Roll, or that the application be refused, and on such refusal may make such order as to the costs as it thinks fit.
PART IV
GENERAL
Three members of the Disciplinary Committee shall constitute a quorum:
Provided that the Committee shall not sit unless it is made up of an odd number of members.
[Rule 19 subs by rule 2 of SI 114 of 2003.]
The Committee shall hear all applications in private.
The Committee may, at any stage of the proceedings against a solicitor, refer the case to the Council and may adjourn the application pending the consideration thereof by the Council in case the Council should see fit either to lodge a further application against the practitioner or to undertake on behalf of the original applicant the prosecution of his application.
Unless the Committee directs otherwise, no application shall be withdrawn after it has been sent to the Secretary. Where a party has applied for leave to withdraw his application, the Committee may, upon such terms as to costs or otherwise as it shall think fit, grant such leave, or of its own motion or upon the application of any party, adjourn the hearing.
The Committee may, of its own motion or upon the application of any party, adjourn the hearing upon such terms as to costs, or otherwise, as the Committee shall think fit.
24. Amendment, etc., of affidavit
If upon the hearing it shall appear to the Committee that the allegations in the affidavit require to be amended, or added to, the Committee may permit such amendment, or addition, or if in the opinion of the Committee such amendment or addition is not within the scope of the affidavit, may require the same to be embodied in a further affidavit:
Provided that if such amendment, or addition, shall be such as to take any party by surprise, or prejudice the conduct of his case, the Committee shall grant an adjournment of the hearing, upon such terms as to costs, or otherwise, as the Committee shall think fit.
Upon the hearing, or determination, of any application, the Committee may, in the case of an application against a practitioner, without finding any misconduct proved against the practitioner, nevertheless order any party to pay the costs of the proceedings if, having regard to his conduct and to all the circumstances of the case, the Committee shall think fit.
26. Notes of proceedings and inspection thereof
Shorthand notes of proceedings may be taken by a person appointed by the Committee; and any party who appeared at the proceedings shall be entitled to inspect the transcript thereof. The shorthand writer shall, if required, supply to the Committee and to any person entitled to be heard upon an appeal against an order of the Committee, and to the Society, but to no other person, a copy of the transcript of such notes on payment of his charges. If no shorthand notes be taken, the Chairman of the Committee shall take a note of the proceedings, and the provisions of this rule as to inspection and taking of copies shall apply to such note accordingly.
Service of any notice or document may be effected under these Rules by registered “A.R.” letter addressed, in the case of a practitioner, to his place of business appearing in the register compiled under section 33 (2) of the Act and, in every other case, to the last known place of business or abode of the person to be served, and such service shall be deemed to be effected at the time when the letter would be delivered in the ordinary course of post.
28. Power of Committee to dispense with documents, etc.
The Committee may dispense with any requirements of these Rules respecting notices, affidavits, documents, service, or time, in any case where it appears to the Committee to be just so to do.
The Committee may extend the time for doing anything under these Rules.
30. Application of Evidence Act
The Evidence Act shall apply in relation to proceedings before the Committee in the same manner as it applies in relation to civil and criminal proceedings.
31. Admission of authenticity of documents
(1) Any party may, by notice in writing at any time not later than nine days before the day fixed for the hearing, call upon any other to admit any document, saving all just exceptions, and if such other party desires to challenge the authenticity of the document, he shall, within six days after service of such notice, give notice that he does not admit the document and requires it to be proved at the hearing.
(2) If such other party refuses or neglects to give notice of non-admission within the time prescribed in sub-rule (1), he shall be deemed to have admitted the documents unless otherwise ordered by the Committee.
(3) Where a party gives notice of non-admission within the time prescribed by sub-rule (1) and the document is proved at the hearing, the costs of proving the document shall be paid by the party who has challenged the document whatever the decision of the Committee may be, unless in its findings the Committee shall find that there were reasonable grounds for not admitting the authenticity of the document.
(4) Where a party proves a document without having given notice to admit under sub-rule (1), no costs of proving the document shall be allowed on taxation, unless otherwise directed by the Committee, except where the omission to give notice to admit is in the opinion of the Taxing Master a saving of expense.
32. Summons to give evidence and produce documents
A subpoena issued under section 19(2) or 34(5) of the Act shall be in such one of the forms set out in the Schedule and numbered 6 and 7, as shall be appropriate.
PRESCRIBED FORMS
FORM 1
[Rule 3]
FORM OF APPLICATION AGAINST A PRACTITIONER
To: The Secretary to the Disciplinary Committee constituted under the Legal Practitioners Act.
In the matter of C.D.,* a Practitioner, and
In the matter of the Legal Practitioners Act.
I, the undersigned, A.B. hereby make application—
(a) that C.D.* of †......................................................................................................, Practitioner, may be required to answer the allegations contained in the affidavit which accompanies this application; and
(b) that the name of C.D.* of †.........................................................................................Solicitor,
may be struck off the Roll of Practitioners; or
(c) that such other order may be made as the Committee shall think right.
In witness whereof I have hereunto set my hand this .............................................................day of......................, 19.........
..................... Signature.
..................... Address.
..................... Profession, business, or occupation.
* The full name must be stated. Initials are not sufficient. The names may be obtained by an inspection of the Register of Practitioners at the Law Association of Zambia during usual office hours.
† Last known place or places of business of the Practitioner.
‡ The applicant may, but need not, strike out either (a) or (b). The applicant may, but need not, strike out either (a) or (b)
FORM 2
[Rule 3]
FORM OF AFFIDAVIT BY APPLICANT
In the matter of C.D., a Practitioner, and
In the matter of the Legal Practitioners Act.
I, * A.B., of ...............................................................................................................make oath and say as follows—
(1) † C.D., of ..............................................................................................................., Solicitor, practising at ...............................................................................................................in the firm of.............................. has been employed by me in a professional capacity for the last ...................... years (or as the case may be).
(2) (Here state the facts concisely in numbered paragraphs, and show deponent’s means of knowledge.)
|
Sworn by the said ............................... |
} |
........................................... |
|
* Insert full name, address and description. |
FORM 3
[Rule 7]
FORM OF NOTICE TO APPLICANT BY THE SECRETARY TO THE DISCIPLINARY COMMITTEE
In the matter of C.D., a Practitioner, and
In the matter of the Legal Practitioners Act.
To: A.B., of................................
The ................... day of ......................... is the day fixed by the Disciplinary Committee constituted under the Legal Practitioners Act for the hearing of your application in the matter of C.D., practitioner.
The Committee will sit at the .....................................................................................................Lusaka, at ................... o’clock in the ................... noon.
You are required by the Legal Practitioners (Disciplinary Proceedings) Rules to furnish to every other party to the application and to the Secretary to the Disciplinary Committee at Farmers’ House, Cairo Road, Lusaka, at least fourteen days before the said ........................................................................................................................... day of ...................... a list of all the documents on which you propose to rely.
Any party may inspect the documents included in the list furnished by any other, and a copy of any document mentioned in the list of any party must, on application and on payment by the party requiring it of the proper charges, be furnished to that party by the other within three days after receipt of such application.
If any party shall fail to appear and the Committee decides to proceed in his absence, any party appearing must be prepared to prove service, in accordance with the Legal Practitioners (Disciplinary Proceedings) Rules, of the list of documents and any other notice or correspondence since the lodging of the application.
You are requested to acknowledge the receipt of this notice without delay.
Dated this ...................... day of ................., 19......
.......................................................................
Secretary to the Committee
(N.B.— A print of the Legal Practitioners (Disciplinary Proceedings) Rules is sent herewith for your information and guidance.)
FORM 4
[Rule 7]
FORM OF NOTICE TO PRACTITIONERS BY THE SECRETARY TO THE DISCIPLINARY COMMITTEE
In the matter of C.D., a Practitioner, and
In the matter of the Legal Practitioners Act.
To: C.D., of ................................ , Practitioner.
Application has been made by A.B., of ........................................................................................................................... to the Disciplinary Committee constituted under the Legal Practitioners Act, that you may be required to answer the allegations contained in the affidavit, whereof a copy accompanies this notice, and that your name may be struck off the Roll of Practitioners, or that such order may be made as the Committee shall think right.
The.......................................................................day of................., is the day fixed by the Committee for the hearing of the application. The Committee will sit at the ....................................................................... ....................................................................... Lusaka at .................o’clock in the ............... noon.
If you fail to appear, the Committee may, in accordance with the Legal Practitioners (Disciplinary Proceedings) Rules, proceed in your absence.
You are required by the said Rules to furnish to every other party to the application and to the Secretary to the Disciplinary Committee at Farmers’ House, Cairo Road, Lusaka, at least fourteen days before the said .................. day of ................, a list of all the documents on which you propose to rely.
Any party may inspect the documents included in the list furnished by any other, and a copy of any document mentioned in the list of any party must, on application and on payment by the party requiring it of the proper charges, be furnished to that party by the other within three days after receipt of such application.
You are required to acknowledge the receipt of this notice without delay.
Dated this .................day of .............., 19.......
.......................................................................
Secretary to the Committee
(N.B. — A print of the Legal Practitioners (Disciplinary Proceedings) Rules is sent herewith for your information and guidance.)
FORM 5
[Rule 12]
FORM OF AFFIDAVIT BY APPLICANT, BEING A LEGAL PRACTITIONER
In the matter of C.D., a Practitioner. and
In the matter of the Legal Practitioners Act.
I, C.D., of ....................................................... make oath and say as follows:
(1) I was admitted a practitioner on the .......day of.......
(2) I desire that my name may be removed from the Roll of Practitioners for the following reasons:
(Here state the reasons.)
(3) I am not aware of, and do not know of any cause for, any application to the Court or to the Disciplinary Committee constituted under the Legal Practitioners Act, that my name may be struck off the Roll of Practitioners, or that I should answer the allegations contained in an affidavit. I do not make this application for the purpose of evading any adverse application, or of defeating or delaying any claim upon me as a practitioner.
|
Sworn by the said ............................... |
} |
........................................... |
|
* Insert full name, address and description. |
FORM 6
[Rules 7 and 32]
FORM OF SUBPOENA AD TESTIFICANDUM
In the matter of C.D., a Practitioner, and
In the matter of the Legal Practitioners Act.
To:
You are commanded to attend before the Disciplinary Committee constituted under the Legal Practitioners Act at .................................... on ....................................................................... day, the ................ day of ................. at the hour of ..................in the ................ noon, and so from day to day until the application in the above matter is heard, to give evidence on behalf of .......................................................................
WITNESS
Chief Justice of Zambia, the ...............day of ....................................................................... in the year of Our Lord one thousand nine hundred and.......
FORM 7
[Rules 7 and 32]
FORM OF SUBPOENA DUCES TECUM
In the matter of C.D., a Practitioner, and
In the matter of the Legal Practitioners Act.
To:
You are commanded to attend before the Disciplinary Committee constituted under the Legal Practitioners Act at .............................................................................................................................................. on ................ day, the ................ day of ............... at the hour of ............ in the ................. noon, and so from day to day until the application in the above matter is heard, to give evidence on behalf of ....................................................................... and also to bring with you and produce at the time and place aforesaid (specify documents to be produced).
WITNESS
Chief Justice of Zambia, the .................day of ................................................................... in the year of Our Lord one thousand nine hundred and.......
DISCIPLINARY PROCEEDINGS (CONSIDERATION OF REPORTS) RULES OF COURT
Arrangement of Rules
Rule
2. Notice of consideration by Court of report of Disciplinary Committee
[Rules by the Chief Justice]
GN 211 of 1958,
GN 497 of 1964.
These Rules may be cited as the Disciplinary Proceedings (Consideration of Reports) Rules of Court.
2. Notice of consideration by Court of report of Disciplinary Committee
Any notice required to be given under the provisions of section 21(2) of the Act shall be substantially in the form prescribed in the Schedule with such modifications as the circumstances may require.
Upon the laying before the Court of a copy of a report as provided by section 18(3)(c)(i) of the Act, the Secretary to the Disciplinary Committee shall furnish the Court with an address at which notices may be served upon him and a further address at which the practitioner may be served and any notices to be given under section 21 of the Act shall be served if left at or sent by registered post to the person to whom it is directed at such respective addresses.
[Rule 2]
In the High Court for Zambia.
In the matter of the Legal Practitioners Act, and
In the matter of ......................................................................., a Practitioner.
NOTICE OF CONSIDERATION BY COURT OF REPORT OF DISCIPLINARY COMMITTEE
WHEREAS in pursuance of section 18 of the Legal Practitioners Act (hereinafter referred to as “the Act”), the Disciplinary Committee, established under section 4 of the Act, has prepared a report duly signed pursuant to section 18(3)(b) of the Act embodying certain findings in the matter of an application made to and heard by the said Committee concerning the above-mentioned practitioner under section 18(1) of the Act, a copy of which report accompanies this notice;
AND WHEREAS the said report has been filed with the Registrar of this Court and a further signed copy thereof, together with the evidence taken and the documents put in evidence at the hearing, has been laid before the Court:
NOW THEREFORE TAKE NOTICE that the Court has set down such report for consideration at ........................................ o’clock in the ........................................ noon on ........................................ the ........................................ day of ........................................19........
Dated the ........................................ day of ........................................ 19 .........
Registrar
To: The Secretary to the Disciplinary Committee constituted under the Legal Practitioners Act.
And to: ................................................................................, Esq., the above-mentioned practitioner.
LEGAL PRACTITIONERS (ACCOUNTANT’S CERTIFICATE) REGULATIONS
[Section 90]
Arrangement of Regulations
Regulation
5. Evidence of delivery of certificate
6. Exemption of certain officers
7. Qualification of accountant
8. Details of work to be done by accountant
10. Delivery of certificate unnecessary
12. Special accounting periods
[Regulations made by the Disciplinary Committee, with the concurrence of the Chief Justice]
SI 9 of 1975.
These Regulations may be cited as the Legal Practitioners (Accountant’s Certificate) Regulations.
In these Regulations, unless the context otherwise requires—
“accountant” means a person qualified in accordance with the provisions of regulation 7;
“practice year” means each period of twelve months ending with the 31st December;
“public officer” means an officer holding one of the offices to which sub-section (2) of section 3 of the Act applies;
“Secretary” means the Secretary for the time being of the Association.
(1) Except in the circumstances in which regulation 10 applies, every practitioner shall once in each practice year deliver to the Association a certificate signed by an accountant and complying with the provisions of this regulation (which certificate is in these Regulations referred to as “an accountant’s certificate”).
(2) Accounting period
Subject to the provisions of regulations 11 and 12, the accounting period for the purposes of an accountant’s certificate shall—
(b) cover not less than twelve months;
(c) terminate not more than six months before the date of the delivery of the certificate to the Association;
(d) where possible, consistently with paragraphs (a), (b) and (c), correspond to a period or consecutive periods for which the accounts of the practitioner or his firm are ordinarily made up.
If any practitioner fails to comply with the provisions of these Regulations, a complaint in respect of that failure may be made by or on behalf of the Association to the Disciplinary Committee under the provisions of the Legal Practitioners (Disciplinary Proceedings) Rules.
5. Evidence of delivery of certificate
A certificate under the hand of the Secretary shall, until the contrary is proved, be evidence that a practitioner has or has not, as the case may be, delivered to the Association an accountant’s certificate or supplied any evidence required under these Regulations.
6. Exemption of certain officers
Where a practitioner is employed as a public officer—
(a) nothing in these Regulations shall apply to him unless he takes out a practising certificate;
(b) an accountant’s certificate shall in no case deal with books, accounts or documents kept by him in the course of his employment as a public officer;
(c) no examination shall be made of those books, accounts and documents under these Regulations.
7. Qualification of accountant
(1) An accountant shall be qualified to give an accountant’s certificate on behalf of a practitioner if—
(a) he is a member of—
(i) The Zambia Association of Accountants and is in practice as an accountant as a principal on his own account or in partnership; or
(ii) The Institute of Chartered Accountants in England and Wales; or
(iii) The Institute of Chartered Accountants in Ireland; or
(iv) The Institute of Chartered Accountants of Scotland; or
(v) The Association of Certified Accountants of England and Wales; and
(b) he has neither been at any time during the accounting period, nor subsequently, before giving the certificate, become a partner, clerk or servant of such practitioner or of any partner of his; and
(c) he is not subject to notice of disqualification under sub-regulation (2).
(2) In either of the following cases, that is to say where—
(a) the accountant has been found guilty by the Disciplinary Tribunal of his professional body of professional misconduct or discreditable conduct; or
(b) the Council are satisfied that a practitioner has not complied with the provisions of Part VIII of the Act in respect of matters not specified in an accountant’s certificate and that the accountant was negligent in giving such certificate, whether or not an application be made for a grant out of the Compensation Fund;
the Council may, at their discretion, at any time notify the accountant concerned that he is not qualified to give an accountant’s certificate, and they may give notice of such fact to any practitioner on whose behalf he may have given an accountant’s certificate, and after such accountant shall have been so notified, unless and until such notice of disqualification shall have been withdrawn by the Council, shall not be qualified to give an accountant’s certificate. In coming to their decision, the Council shall take into consideration any observations or explanations made or given by such accountant or on his behalf by the professional body of which he is a member.
8. Details of work to be done by accountant
(1) With a view to the signing of an accountant’s certificate, an accountant shall not be required to do more than—
(a) make a general test examination of the books of account of the practitioner;
(b) ascertain whether a client account is kept;
(c) make a general test examination of the bank passbooks and statements kept in relation to the practitioner’s practice;
(d) make a comparison as at not fewer than two dates selected by the accountant between—
(i) the liabilities of the practitioner to his clients as shown by his books of account; and
(ii) the balances standing to the credit of the client account; and
(e) ask for such information and explanations as he may require arising out of (a) to (d) above.
(2) If, after making the investigation prescribed by sub-regulation (1), it appears to the accountant that there is evidence that Part VIII of the Act has not been complied with, he shall make such further investigation as may be necessary to enable him to sign the accountant’s certificate.
An accountant’s certificate delivered by a practitioner under these Regulations shall be in the form set out in the Schedule.
10. Delivery of certificate unnecessary
The Council will in each practice year be satisfied that the delivery of an accountant’s certificate is unnecessary, and shall not require evidence of that fact, in the case of any practitioner who—
(a) holds his first current practising certificate; or
(b) after having for twelve months or more ceased to hold a current practising certificate, holds his next current practising certificate; or
(c) holds a current practising certificate after having, in the declaration lodged by him with the Secretary to lead to the issue of that practising certificate, declared that either—
(i) Part VIII of the Act did not apply to him because he had not, during the period to which such declaration referred, practised on his own account either alone or in partnership or held or received client’s money; or
(ii) he was exempt from complying with Part VIII of the Act by virtue of the provisions of subsections (1) and (2) of section 3 of the Act, and had not, during the period to which such declaration referred, engaged in private practice; or
(d) has ceased to hold a current practising certificate and, if he has at any time after the 31st December, 1959, held or received client’s money, has delivered an accountant’s certificate covering an accounting period ending on the date upon which he ceased to hold or receive client’s money; or
(e) has at no time since the 31st December, 1959, held a current practising certificate; or
(f) has at no time since the 31st December, 1959, held or received client’s money.
The accounting period specified in an accountant’s certificate delivered during the practice year beginning on the 1st January, 1961, shall begin on—
(a) the date to which the practitioner’s books were last made up before the 1st January, 1961; or
(b) if the books were not made up during the practice year beginning on the 1st January, 1960, either the 1st January, 1960, or the day upon which the practitioner first began or began again to hold or receive client’s money, whichever be the later; and shall cover not less than six months, or, in the case of a practitioner retiring from practice who has ceased to hold or receive client’s money after the 31st December, 1959, the period up to the date upon which he so ceased.
12. Special accounting periods
(1) In any practice year beginning on or after the 1st January, 1962—
(a) in the case of a practitioner who—
(i) becomes under an obligation to deliver his first accountant’s certificate; or
(ii) having been exempt under regulation 10 from delivering an accountant’s certificate in the preceding practice year, becomes under an obligation to deliver an accountant’s certificate;
the accounting period shall begin on the date upon which he first held or received client’s money, or, after such exemption, began again to hold or receive client’s money and may cover less than twelve months, and shall in all other respects comply with the requirements of sub- regulation (2) of regulation 3; and
(b) in the case of a practitioner retiring from practice who, having ceased to hold or receive client’s money, is under an obligation to deliver his final accountant’s certificate, the accounting period shall end on the date upon which he ceased to hold or receive client’s money and may cover less than twelve months, and shall in all other respects comply with the requirements of sub-regulation (2) of regulation 3.
(2) In any practice year beginning on or after the 1st January, 1962, in the case of a practitioner who—
(a) was not exempt under regulation 10 from delivering an accountant’s certificate in the preceding practice year; and
(b) since the expiry of the accounting period covered by such accountant’s certificate has become, or ceased to be a member of a firm of practitioners;
the accounting period may cover less than twelve months and shall in all other respects comply with the requirements of sub-regulation (2) of regulation 3.
(3) Branch or other offices
In the case of a practitioner who has two or more places of business—
(a) separate accounting periods covered by separate accountant’s certificates may be adopted in respect of each such place of business, provided that the accounting periods comply with the requirements of these Regulations; and
(b) the accountant’s certificate or accountants’ certificates delivered by him to the Secretary in each practice year shall cover all client’s moneys held or received by him.
Every notice to be given by the Council under these Regulations to a practitioner shall be in writing under the hand of the Secretary and sent by registered post to the place of business or one or other of the places of business, as the case may be, set out in the last written declaration made by the practitioner to the Association in accordance with the provisions of section 33 of the Act, and, when so given and sent, shall be deemed to have been received by the practitioner within seven days of the time of posting.
Every notice to be given by the Council under these Regulations to an accountant shall be in writing under the hand of the Secretary and sent by registered post to the address of the accountant shown on an accountant’s certificate or appearing in the records of the accountancy body of which the accountant is a member, and, when so given and sent, shall be deemed to have been received by the accountant within seven days of the time of posting.
The Council shall have power to waive in writing any of the provisions of these Regulations other than those of sub-regulation (2) of regulation 7, in any particular case.
FORM OF ACCOUNTANT’S CERTIFICATE
[Regulation 9]
<BC:0,0,0,DC>NOTE.—In the case of a firm with a number of partners, carbon copies of the certificate may be delivered provided section 1 below is completed on each certificate with the name of the individual practitioner.
<BC:0,0,0,DC>1. Practitioner’s full name ...............................................................................................................
<BC:0,0,0,DC>2. Firm(s) name(s) and address(es) ..............................................................................................
<BC:0,0,0,DC>..........................................................................................................................................................
<BC:0,0,0,DC>NOTE. —All addresses at which the practitioner(s) practise(s) must be covered by an accountant’s certificate or certificates.
<BC:0,0,0,DC>3. State whether practising alone or in partnership .........................................................................
<BC:0,0,0,DC>..........................................................................................................................................................
<BC:0,0,0,DC>4. Accounting period(s) ....................................................................................................................
<BC:0,0,0,DC>NOTE. —The period(s) must comply with the Legal Practitioners (Accountant’s Certificate) Regulations.
In compliance with the Legal Practitioners (Accountant’s Certificate) Regulations,
I, ......................................................................................................................................................., have examined the books, accounts and documents of the above-named practitioner or relating to the above practice(s) produced to me and I hereby certify that from my examination pursuant to regulation 8 of the said Regulations, and from the explanations and information given to me, I am satisfied that—
*(1) during the above-mentioned period(s) he has complied with the provisions of Part VIII of the Legal Practitioners Act except so far as concerns—
(a) certain trivial breaches due to clerical errors or mistake(s) in book-keeping, all of which were rectified on discovery; I am satisfied that none of such breaches resulted in any loss to any client;
(b) the matters set out on the back hereof;
*(2) having retired from active practice as a practitioner the said ............................................... ......................................................................................................ceased to hold client’s money on the .......................................................................................................................
Particulars of the Accountant:
Full name ...................................................................................................................................
Qualifications .............................................................................................................................
Firm name .................................................................................................................................
Address .....................................................................................................................................
Signature....................................................................................................................................
Date............................................................................................................................................
To the Secretary
The Law Association of Zambia
P.O. Box 34271
Lusaka
*Delete clause not applicable
LEGAL PRACTITIONERS (APPLICATION FOR ADMISSION) RULES
[Section 13]
Arrangement of Rules
Rule
2. Form of application for admission
[Rules by the Court Justice]
SI 145 of 1981.
These Rules may be cited as the Legal Practitioners (Application for Admission) Rules, and shall come into force simultaneously with the Legal Practitioners (Amendment) Act.
2. Form of application for admission
Every application for admission as a practitioner made under section 13 of the Act shall be—
(a) by petition in the form set out in the First Schedule hereto; and
(b) supported by affidavit in the form set out in the Second Schedule hereto.
[Paragraph 2]
19 ....... HP/LP .........
IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY, LUSAKA
IN THE MATTER OF: THE LEGAL PRACTITIONERS ACT, 1973 AND
IN THE MATTER OF: A PETITION BY ......................................................................................
FOR ADMISSION AS A PRACTITIONER
TO: THE HONOURABLE CHIEF JUSTICE
PETITION
The humble Petition of ...............................................................................................................
of ................................................................................................................................................
in the Republic of Zambia, showeth:
1. That your Petitioner prays to be admitted as <BC:0,0,0,DC>Practitioner in accordance with the provisions of section 13 of the Legal Practitioners Act, 1973.
2. That your Petitioner was, upon satisfying the Council of Legal Education in that behalf, issued by the said Council of Legal Education with a certificate certifying him as having complied with the relevant provisions of section 11/section 12* of the Legal Practitioners Act, 1973.
3. That two persons have certified that your Petitioner is of good character.
4. That your Petitioner hereby undertakes as to requisite practical experience as required by the provisions of section 13, as read with section 13A, of the Legal Practitioners Act, 1973.
WHEREFORE your Petitioner humbly prays that he may be admitted as a Practitioner. AND your Petitioner will, as in duty bound, ever pray.
DATED the ............................................. day of .............................................19.......................
.............................................
Signature of Petitioner
*Delete as appropriate.
[Paragraph 2]
19 ....... HP/LP .........
IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY, LUSAKA
IN THE MATTER OF: THE LEGAL PRACTITIONERS ACT, 1973
AND
IN THE MATTER OF: A PETITION BY ......................................................................................
FOR ADMISSION AS A PRACTITIONER
AFFIDAVIT
I, .................................................................................................................MAKE OATH AND SAY as follows:
1. That my full names are as stated above.
2. That I am employed as...........................................................................................................
3. That I reside at........................................................................................................................
4. That my nationality is..............................................................................................................
5. That on the ................................ day of ............................................. I filed a Petition in the High Court for Zambia addressed to the Honourable the Chief Justice seeking admission as a Practitioner.
6. That the facts as set out in the said Petition are true and correct.
7. That there is now produced and marked ............................................................................... and exhibited hereto a copy of a certificate under the hand of the Secretary of the Council of Legal Education dated the .................................. day of ....................................................................................................................................... certifying me as having complied with the provisions of section 11/section 12* of the Legal Practitioners Act, 1973.
8. That there is now produced and marked ............................................................................... a document under the hand of ....................................................................................................................................... certifying as to my good character.
9. That there is now produced and marked ............................................................................... a document under the hand of ....................................................................................................................................... certifying as to my good character.
SWORN by the said
|
............................................................................. |
} |
|
at Lusaka this ......................... on the ................. |
|
|
day of.................................................................... |
BEFORE ME:
...............................................................
Commissioner for Oaths
*Delete as appropriate.
LEGAL PRACTITIONERS (COSTS) ORDER
[Section 70]
Arrangement of Paragraph
Paragraph
2. Costs on Subordinate or High Court Scale
3. Application of fixed costs SI 171 of 1990
4. Scale of costs in proceedings before commission, tribunal, etc.
5. Scale of costs in proceedings in High court
6. Revocation of SI 17 of 1990
[Order by the Chief Justice.]
SI 169 of 1990,
SI 187 of 1990,
Act 13 of 1994,
Act 136 of 1997,
Act 46 of 1998.
(1) This Order may be cited as the Legal Practitioners (Costs) Order.
(2) Scale of costs
This Order shall apply in respect of any business done in any contentious matter pending on the date of this Order or commenced after the publication of this Order.
2. Costs on Subordinate or High Court Scale
In any proceedings in the High Court which could have been commenced in a subordinate court, costs, where awarded shall be on the appropriate subordinate court scale:
Provided that the Trial Judge, if he is satisfied—
(i) that there was sufficient reason for bringing the action in the High Court; or
(ii) that the defendant or one of the defendants objected to the transfer of the action to subordinate court; the trial judge may make an order allowing the costs, or any part thereof, on the High Court scale.
The provisions of this Order shall not apply to fixed costs which are provided for in the Practitioners (High Court) (Fixed Costs) Order 1990.
4. Scale of costs in proceedings before commission, tribunal, etc.
Where a practitioner is entitled or permitted to appear in any proceedings before a commission, tribunal, board or other body, any practitioner so appearing shall be entitled to costs in accordance with the scale set out in the Schedule to this order and the provisions of the High Court Rules in regard to taxation shall apply to the taxation of such costs.
5. Scale of costs in proceedings in High court
(1) In any proceedings in the High Court where costs are allowed to any practitioner, they shall be taxed in accordance with the scale of costs set out in the Schedule to this Order.
(2) Where the trial judge certifies that there were sufficient grounds arising out of the nature important, or the difficulty or urgency of the case, to justify the appearance of two or more practitioners as counsel, the costs allowed in respect of each practitioner shall be taxed in accordance with the scale of costs set out in the Schedule hereto.
6. Revocation of SI 17 of 1990
The legal Practitioners (Costs) Order 1990, is hereby revoked.
[Order 2]
SCALE OF PRACTITIONERS’ COSTS IN CONTENTIOUS MATTERS
PART I
|
Scale Head |
Applicable part of Schedule |
Maximum fee |
|
1. Institution of proceedings |
||
|
1.01 for letter of demand |
||
|
-formal (per page) |
5,000.00 |
|
|
-routine (per page) |
1,5000.00 |
|
|
1.02 preparing, issuing, filing and service of Writ of Summons, endorsed with a statement of claim |
||
|
1.03 preparing, issuing, filing and service of Originating Summons, Originating Notice of Motion or Third Party Notice |
III |
|
|
1.04 preparing, issuing, presenting and service of any petition including, any process touching the constitution of the Republic of Zambia |
III |
|
|
1.05 preparing, issuing, filing and service of any application for Habeas Corpus, or for any administrative orders, including an application for judicial review |
||
|
1.06 preparing, issuing, filing and service of a Concurrent Writ of Summons or Originating Summons |
III |
|
|
1.07 renewing Writ of Summons or Originating Summons |
||
|
2. Instructions<BC:0,0,0,DC> |
||
|
2.01 attending on client, taking instructions for a statement of claim, petition or other process or proceedings |
III |
|
|
2.02 attending on client, taking instructions for a defence and counter-claim (if any) or for any answer of opposition to any process or proceeding mentioned in scales 1.02,1.03,1.04 and 1.05 hereof |
65,000.00 |
|
|
2.03 attending and interviewing any witness or possible witness for the trial and taking and preparing proofs of evidence |
100,000.00 |
|
|
2.04 requesting for examining reports or opinions of expert |
||
|
2.05 examinations of any place or property material to the proceedings |
II |
|
|
2.06 searching and obtaining any relevant documents from any public office such as the Lands and Deeds Registry, the Company Registry, or any other similar public office |
||
|
2.07 attending on the other party or parties, or their agents, including attendences for negotiations for settlement out of court |
II |
|
|
2.08 collating documents for an affidavit or list of documents and for the bundles |
II |
|
|
2.09 attending to produce documents for inspection (per hour or proportionately for any part thereof) |
II |
|
|
2.10 attending to inspect documents |
||
|
2.11 attending to any calculations to arrive at any damages or interest payable |
II |
|
|
2.12 preparation, filing and service of any notices, or documents |
{mprestriction ids="2,3,5"}
|
|
|
2.13 instructions for any affidavit |
||
|
2.14 preparing notes for trial |
II |
|
|
2.15 instructions for brief to State Counsel to advise on evidence or to settle pleadings or affidavit to use as evidence at the trail (Where Counsel’s opinion is justifiably sought) |
II |
|
|
3. Interlocutory Proceedings and Proceedings in chambers |
||
|
3.01 preparation, issuing, filing and service of any summons, application, notice of motion or appeal to a Judge in chambers |
II |
|
|
3.02 preparation, issuing, filing and arranging execution of: |
II |
|
|
-Writ of Elegit<BC:0,0,0,DC> |
||
|
-Writ of Fieri Facias or any other Writ of execution or for possession of land |
||
|
3.03 preparing any other document (to include where necessary filing, service and delivery of any document not otherwise provided for) including any document or application to: |
III |
|
|
3.03.1 amend any document |
II |
45,000.00 |
|
3.03.2 obtaining an order for substituted service or for giving leave to serve out of the jurisdiction |
II |
|
|
3.04 preparing, serving and delivery of: |
||
|
3.04.1 defence and counter-claim if any |
||
|
3.04.2 answer to a petition or any application in terms of scales 1.04 and 1.05 hereof |
II |
|
|
3.04.3 request for and particulars of any pleadings |
||
|
3.04.4 interrogatories |
||
|
3.04.5 affidavit and list of documents |
||
|
3.04.6 notice to produce or admit documents |
||
|
3.05 preparing, filing, and service of any order made in Chambers and any order or judgement made passed in Court |
III |
|
|
4. Attendances |
||
|
4.01 attendance in Chambers or Court on the hearing of any application, interlocutory appeal or other application or an interlocutory nature |
150,000.00 |
|
|
4.02 attending State Counsel in conference (per half hour or part thereof) |
60,000.00 |
|
|
4.03 waiting to attend before the Judge in Chambers or at Court (per half hour or part thereof) |
||
|
4.04 waiting to attend before the Deputy or District Registrar in Chambers (per half hour or part thereof) |
||
|
4.05 attending conducting case in Court, before a Commission, referee or on mediation or arbitration or before any tribunal or inquiry |
III |
|
|
4.06 attending generally including attending to hear reserved judgement or order or any decision |
III |
|
|
4.07 attending on client on the telephone |
III |
|
|
5. Perusals |
||
|
5.01 of any statement of claim defence and counter-claim (if any), petition or any document being for any of the matters in scales 1.02 to 1.05 hereof, inclusive |
III |
|
|
5.02 of any document other than a routine letter, including perusals of Counsel’s opinion or documents on inspection or any interlocutory process |
III |
|
|
6. Drawing Documents |
||
|
6.01 for drawing any order or judgement made in open Court |
II |
|
|
6.02 drawing any document in the proceedings or any brief or opinion not provided for herein (per page or part thereof) |
III |
|
|
6.03 for photographic, printed or carbon copy of any document being exhibits to an affidavit or copies for the Bundles |
III |
|
|
6.04 for drawing case for opinion of State Counsel, advise on evidence or to settle any pleadings and affidavit for use as evidence (where Counsel’s opinion is justifiably sought) (per page or part thereof) |
III |
|
|
7. Opinions<BC:0,0,0,DC> |
||
|
7.01 for any written opinion given in anticipation of litigation |
II |
|
|
7.02 for any oral opinion given in anticipation of litigation |
||
|
8. Communications |
||
|
8.01 for any letter, E-mail, telegram, telex or telefax for each page |
II |
|
|
802 telephone-per unit of three minutes or part thereof |
||
|
9. Supoenas |
||
|
for preparing, issuing, filing and service of subpoena and the Preecipe-for each individual served |
III |
|
|
10. Adjournments<BC:0,0,0,DC> |
II |
|
|
Costs to be paid by the party occasioning an adjournment where case not heard and costs are ordered to be paid by that party (per half hour or part thereof) |
III |
|
|
10.01 for an adjournment on attendance in terms of scale head 4.01 hereof |
II |
|
|
10.02 for an adjournment on attendance in terms of scale head 4.02 |
||
|
NOTES |
||
|
10.03 the fee for adjournment shall be in addition to any fee in Heads 4.03, 4.04 and 11, where applicable |
III |
|
|
11. Travelling and Out Station Allowances |
||
|
11.01 for travelling to inspect documents or conduct a case in Chambers or in Court, before a Commission, a referee or an arbitrator or on mediation or before any Tribunal or Inquiry beyond the Advocate’s station |
III |
|
|
11.02 for any one night spent outside the Advocate’s station, and occasioned by a delay in and related to the conduct of the matter |
30,000.00 |
|
|
NOTE: |
||
|
If travel is by personal motor vehicle the Practitioner shall be entitled to reasonable amounts expended on fuels |
20,500.00 |
|
|
270,000.00 |
||
|
II |
15,000.00 |
|
|
III |
1,000.00 |
|
|
21,000.00 |
||
|
30,000.00 |
||
|
half of the fee prescribed in Part III of this Schedule |
||
|
Half of the fee prescribed in Part III of this Schedule |
||
|
the appropriate fee per hour (or proportionately for any part thereof) as appears in Part III of this Schedule of time taken using the most economical but convenient means of transport available in the circumstances subject to maximum of ten hours for a single journey. a fee of one half of the appropriate fee in Part III in additional to actual and reasonable out of pocket expenses incurred on fares and any fees thereon including subsistence |
PART II
|
A fee exceeding (per hour or proportionately for any part thereof) |
Maximum Fee |
|
1. A Practitioner of less than five years standing Experience or Legal Executive |
K100,000.00 |
|
2. A Practitioner of more than five but not of more ten years standing and experiences |
K150,000.00 |
|
3. A Practitioner of more than ten but of not more than fifteen years standing and experience |
K180,000.00 |
|
4. A Practitioner of fifteen or more years standing and experience |
K230,000.00 |
|
5. State Counsel |
K270,000.00 |
PART III
|
Maximum Fee not exceeding (per hour or proportionately for any part thereof) |
|
|
K |
|
|
1. A Practitioner of less than five years standing Experience or Legal Executive |
K60,000.00 |
|
2. A Practitioner of more than five but not of more ten years standing and experiences |
K100,000.00 |
|
3. A Practitioner of more than ten but of not more than fifteen years standing and experience |
K150,000.00 |
|
4. A Practitioner of fifteen or more years standing and experience |
K230,000.00 |
|
5. State Counsel |
K270,000.00 |
[Am by Act 46 of 1998.]
PART IV
SCALE OF COSTS CHARGEABLE ON THE ADMINISTRATION OF ESTATES OF DECEASED PERSONS
When deceased dies ordinarily resident in Zambia: on the gross world estate: others: on gross Zambian estate.
|
Scale |
||
|
Up to K40,000 |
............... |
10% of the estate with a minimum of K7,500 |
|
Exceeds K40,000 up to K250,000 |
............... |
10% of K40,000 plus 7.5% on exceeds of K40,000 up to K250,000 |
|
Exceeds K250,000 |
............... |
5% |
PART V
SCALE OF COSTS CHARGEABLE ON THE FORMATION OF COMPANY INCLUDING PREPARATION OF ALL STATUTORY BOOKS, STATUTORY MEETING AND INCREASE OF SHARE CAPITAL
Where the Scale Capital:
|
Scale |
||
|
Does not exceed K40,000 |
............. |
10% of K40,000 plus 7.5% on excess of K40,000.00 |
|
Letters, messengers, printing etc. 10% of Share Capital (minimum (K2,500)) |
PART VA
SCALE OF COSTS CHARGEABLE ON INCREASE OF CAPITAL.
<BC:0,0,0,DC>One half of the difference between the costs of original formation and the costs chargeable for formation of company on increased capital.
PART VI
COMMISSION CHARGEABLE ON RECOVERY OF DEBTS AND NEGOTIATED
|
Scale |
||
|
Where the debt recovered or |
.......... |
10% of the debt of consideration with a minimum of K2,500 |
|
consideration of contract does not exceed K100,000 |
||
|
Exceeds K100,000 up to K1,000,000 |
.......... |
10% of K100,000 plus 7.5% on excess of 1,000,000 to K1,00,0000 |
|
Excess of K1,000,000 |
........ . |
5% |
[Am by SI 169 of 1990, 187 of 1990, Act 13 of 1994.]
LEGAL PRACTITIONERS (BRANCH OFFICES) REGULATIONS
[Section 87]
Arrangement of Regulations
Regulations
[Regulations made by the Disciplinary Committee, with the concurrence of the Chief Justice.]
GN 91 of 1960.
These Regulations may be cited as the Legal Practitioners (Branch Offices) Regulations.
No practitioner or firm of practitioners shall have or maintain any branch office for the purpose of carrying on the business and profession of practitioner save and only when such branch office shall at all times when open be under the direct and personal supervision of at least one practitioner who has in force a practising certificate.
LEGAL PRACTITIONERS (PRACTISING CERTIFICATE) RULES
[Section 86]
Arrangement of Rules
Rule
[Rules by the Chief Justice.]
Act 13 of 1994,
GN 106 of 1957,
GN 497 of 1964.
These Rules may be cited as the Legal Practitioners (Practising Certificate) Rules.
The form set out in the Schedule and therein referred to as Form L.P.1, is hereby prescribed as the form of written declaration to be made by every practitioner when applying for a practising certificate. This form shall be used for this purpose with such modifications as the circumstances may require.
The form set out in the Schedule and therein referred to as Form L.P.2, shall be the form of practising certificate to be issued, with such modifications as may be necessary under the terms of the Act and any amendment thereof.
PRESCRIBED FORMS
FORM L.P.1
[Rule 2]
DECLARATION FOR OBTAINING PRACTISING CERTIFICATE
I,
hereby declare as follows, that is to say:
1. (a) I was admitted a Solicitor of the Supreme Court in the month of ...................................... in the year ......................................... and my place(s) of business is/are as follows(i) .......................................................................................................................................................................
.......................................................................................................................................................
(b) I was called to the Bar by the Honourable Society of ........................................................... at ............................................................. in the month of .................................... in the year ........... and my place(s) of business is/are as follows(i) ............................................. ........................................................................................................................................ .......................................................................................................................................
(c) I was admitted to practise as a Barrister and Solicitor in Zambia on the .......................... day of ....................... 19 ...... . Name as it appears on the Roll. Please use block capitals.
See Note (i)
2. I practise in (ii):
Private practice:
(a) on my own account;
(b) as an Assistant Solicitor.
Commerce, Industry or a Nationalised Undertaking.
Whole-time Local Government Service:
(a) Clerk;
(b) Deputy Clerk;
(c) Assistant Solicitor.
Whole-time Government Service.
Other whole-time employment as ..... See Note (ii)
3. (iii) The provisions of section *34 of the Legal Practitioners Act do not apply to me. or
(iii) The provisions of section *34 of the Legal Practitioners Act apply to me and I have duly given the notice required by that section.
Dated this day of ............... , 19 ......
.....................................................
(Signature)
See Note (iii) See overleaf
To the Law Society of Zambia.
NOTES—
(i) All places of business, if more than one, must be stated. If any changes have taken place since last practising certificate particulars should be given.
(ii) Indicate as appropriate or insert any additional description which may be necessary.
(iii) Strike out whichever of the two alternative paragraphs does not apply.
SECTION 34, LEGAL PRACTITIONERS ACT
(1) In any of the following cases, that is to say, where a practitioner applies for a practising certificate:
(a) when for twelve months or more he has ceased to hold a current practising certificate; or
(b) whilst he is an undischarged bankrupt or a receiving order in bankruptcy is in force against him; or
(c) when, having been suspended from practice or having had his name struck off the Roll, the period of his suspension has expired, or his name has been restored to the Roll, as the case may be; or
(d) not having held a practising certificate within the twelve months next following the date of his admission to the Roll; or
(e) whilst he is a person in respect of whom an adjudication order under the Mental Disorders Act is in force; or
(f) without having paid a penalty or costs ordered by the Disciplinary Committee under this Act to be paid by him; or
(g) after he has been invited by the Council to give an explanation in respect of any matter affecting his conduct and has failed to give to the Council an explanation in respect of that matter which the Council regard as sufficient and satisfactory, and has been notified in writing by the Council that he has so failed; or
(h) after having had an order made against him for the issue of a writ of attachment; or
(i) after having been adjudicated a bankrupt and obtained his discharge or after having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors; or
(j) after having had given against him any judgment which involves the payment of moneys, other than costs, and is not a judgment as to the whole effect of which upon him he is entitled to indemnity or relief from any other person and without having produced to the Society evidence of the satisfaction of such judgment;
he must, unless the Society or the Chief Justice otherwise orders, give to the Society at least six weeks before the application is made, notice of his intention to make the application, and the Society may in its discretion grant or refuse the application, or decide to issue a certificate to the applicant, subject to such terms and conditions as the Society may in its discretion think fit and in the last-mentioned case may, if it thinks fit, postpone the issue of the certificate pending the hearing and determination of an appeal under this section:
Provided that—
(i) in the event of an appeal having been made to the appropriate court in case (b) against the receiving order or in case (h) against the order for the issue of a writ of attachment or in case (j) against the judgment, the Society shall not refuse the application during the pendency of such appeal unless in its opinion the proceedings on such appeal have been unduly protracted by the appellant or are unlikely to be successful; and
(ii) where, having regard to certain facts, a discretion becomes exercisable by the Society in any of the cases (a), (c), (d), (g), (h), (i) and (j), as soon thereafter as a practising certificate has been issued in the exercise of such discretion to the applicant free of conditions, those facts shall cease to operate so as to require such solicitor to give the notice mentioned in this section or to vest any discretion in the Society.
(2) Within one month after being notified of the decision of the Society the applicant may appeal against such decision to the Chief Justice who may affirm the decision of the Society or may direct it to issue a certificate to the applicant on such terms and conditions as the Chief Justice may think fit or free from terms and conditions or not to issue a certificate or, if a certificate has been issued, may by order suspend such certificate until such certificate expires or the suspension is terminated by order of the Society or the Chief Justice or may make such other order as he may think fit.
FORM L.P.2
[Rule 3]
19 .....
PRACTISING CERTIFICATE
No.
PURSUANT to the Legal Practitioners Act, THE LAW SOCIETY, as the Registrar of Solicitors, HEREBY CERTIFIES
THAT
a Practitioner as defined by the Legal Practitioners Act, whose Place(s) of business is/are at has left with the said Society a Declaration in Writing pursuant to the said Act, and hereby further certifies that the said Practitioner is duly enrolled a Practitioner, and is entitled to practise as a Barrister and Solicitor.
GIVEN under the hand of the Secretary of THE LAW SOCIETY this day of ........... , 19 ..... . ........................................................................
Hon. Secretary
|
Fee units |
|
|
REGISTRAR’S FEE. |
200 |
|
Compensation Fund Contribution. |
200 |
|
400 |
[Am by Act 13 of 1994.]
LEGAL PRACTITIONERS (DISCIPLINARY PROCEEDINGS) (PRACTITIONERS’ CLERKS) RULES
[Section 19]
Arrangement of Rules
Rule
3. Application to Disciplinary Committee
[Rules made by the Disciplinary Committee, with the concurrence of the Chief Justice.]
GN 1 of 1959,
GN 497 of 1964.
These Rules may be cited as the Legal Practitioners (Disciplinary Proceedings) (Practitioners’ Clerks) Rules.
(1) In these Rules, unless the context otherwise requires—
“practitioner’s clerk” means a person who is or has been a clerk to a practitioner.
(2) Wherever, in these Rules, reference is made to a case where a practitioner’s clerk is employed by a practitioner, such reference shall be deemed to extend to a case where a practitioner’s clerk is employed by a firm of practitioners of which the practitioner is a member.
(3) Any expression not herein defined shall have the meaning assigned to it in the Legal Practitioners (Disciplinary Proceedings) Rules and in the Act.
3. Application to Disciplinary Committee
(1) An application to the Disciplinary Committee made under section 30(1) of the Act shall be in writing by or on behalf of the Society in Form 1 of the Schedule and shall be sent to the Secretary to the Disciplinary Committee, together with an affidavit in Form 2 of the Schedule, stating the matters of fact on which the Society relies, in support of the application.
(2) The application may be signed and the affidavit sworn by the Secretary of the Society, or by such other person as may, from time to time, be authorised by the Council.
The parties to the proceedings under section 30 of the Act shall be—
(a) the Society;
(b) the practitioner’s clerk; and
(c) if the Disciplinary Committee so direct, any practitioner by whom the practitioner’s clerk was employed either—
(i) at the time of the commission of any such offence as is mentioned in section 30 (1) (a) of the Act, of which it is alleged by the applicant that the practitioner’s clerk has been convicted; or
(ii) at the time of any such act or default as is mentioned in section30 (1) (b) of the Act, to which it is alleged that the practitioner’s clerk has been a party.
The Disciplinary Committee may, on the application of any party to proceedings under section 30 of the Act or on its own motion, order that any application made under section 30 of the Act shall be heard prior to, in the course of, concurrently with, or subsequent to the hearing of an application made under section 18 (1) (b) of the Act relating to a practitioner by whom the practitioner’s clerk is or was employed.
Rules 4 to 11 inclusive, and 19 to 32 inclusive of the Legal Practitioners (Disciplinary Proceedings) Rules shall apply, mutatis mutandis, to all applications made under section 30 of the Act.
PRESCRIBED FORMS
FORM 1
[Rule 3]
FORM OF APPLICATION IN RESPECT OF A PRACTITIONER’S CLERK
To: The Secretary to the Disciplinary Committee constituted under the Legal Practitioners Act. In the matter of E.F., a Practitioner’s Clerk, and In the matter of the Legal Practitioners Act.
I, the undersigned A.B., of hereby make application on behalf of the Law Society of Zambia that an order be made by the Disciplinary Committee directing that as from a date to be specified in such order no practitioner shall in connection with his practice as a practitioner take or retain E.F. of a person who is or was a clerk to a practitioner into or in his employment or remunerate the said E.F. without the written permission of the Law Society of Zambia or that such order may be made as the Disciplinary Committee shall think right.
In witness whereof I have hereunto set my hand this ............................................ day of .................................... 19 ..... .
........................................................
Signature
LEGAL PRACTITIONERS' PRACTICE RULES
[Section 90]
Arrangement of Rules
PART I
PRELIMINARY
Rule
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
9. Claims from personal injury or death
13. Location, Supervision and Management of an office
PART III
PUBLICITY AND STATEMENTS ON CHARGES OR FEES
16. Unsolicited visits, telephone calls, touting and advertising
PART IV
INTRODUCTIONS AND REFERRALS
23. Introduction or referral of business to practitioners
PART V
EMPLOYED LEGAL PRACTITIONERS
26. Independence of practitioner
27. Practising as an advocate or practitioner
28. Law centres, 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
33. Decision to accept brief from client
35. Conduct of work with client
37. Communications with clients and third parties
PART VIII
LEGAL PRACTIONERS HOLDING PUBLIC OFFICE
PART IX
MISCELLANEOUS
42. Suspension of practising certificate
These Rules may be cited as the Legal Practitioners Practice Rules, 2002.These rules shall come into operation on the expiration of 30 days from the date of publication of these Rules1
PART I
PRELIMINARY
In these rules, unless the context otherwise requires–
“Act” means the Legal Practitioners 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 success in the prosecution or defence of any action, suit or other contentious proceedings;
“firm” means a business concern for the practice of the profession as a legal practitioner and includes a sole practitioner; and
“practitioner” means a person who has been admitted to practise as an advocate under the provisions of the Act and whose name is duly entered on the Roll.
PART II
GENERAL
3. Application and basic principles of practice
(1) These rules shall have effect in relation to the practice of a practitioner whether as a principal in private practice, or in the employment of a practitioner or of a non-practitioner or in any other form of practice, and whether on a regular or an occasional basis.
(2) A practitioner shall not do anything in the course of practice or permit another person to do anything on the practitioner’s behalf, which comprises or impairs or is likely to compromise or impair any of the following:
(a) the legal practitioner’s independence or integrity;
(b) a person’s freedom to instruct practitioners of choice;
(c) the practitioner’s duty to act in the best interest of the client;
(d) the good repute of the practitioner or of the legal profession;
(e) the practitioner’s professional standard of work; or
(f) the practitioner’s duty to the Court.
4. Introductions and referrals generally
A practitioner may accept introductions and referrals of business from another person and may make introductions and refer business to another person in accordance with the provisions of Part IV of these Rules.
5. Avoiding conflicts of interest in conveyancing property selling and mortgage related services
(1) Subject to rule-rule (2), a practitioner may act for both a seller and buyer.
(2) Notwithstanding sub-rule (1), a practitioner shall not act for both seller and a buyer–
(a) without the written consent of both parties;
(b) if a conflict of interest exists or arises or is likely to arise; or
(c) if the seller is selling or leasing as a builder or developer.
(3) When a practitioner’s firm acts in the sale of property for the seller and also acts for the buyer, the practitioner shall explain to the buyer, before the buyer consents to the arrangement, the implications of a conflict of interest arising.
(4) A practitioner shall not act for both lender and borrower on the grant of a mortgage of land, if a conflict of interest exists or arises or is likely to arise.
(5) A practitioner who proposes to act for both lender and borrower on the grant of a mortgage of land, shall inform the lender in writing of the circumstances if:
(a) the practitioner or a member of the practitioner’s immediate family is a borrower; or
(b) the practitioner proposes to act for seller, and lender in the same transaction.
(6) A practitioner who acts for a lender shall inform the borrower in writing of the right to retain an independent practitioner to act on the lender’s behalf in the lender’s transaction and the importance of doing so.
6. Seller’s practitioner dealing with more than one prospective buyer
(1) Where a seller instructs a practitioner to deal with more than one prospective buyer, the practitioner with the client’s consent shall immediately disclose the seller’s decision, to the practitioner or other conveyancer acting for each prospective buyer if acting in person.
(2) If the seller refuses to authorise disclosure, in accordance with sub-rule (1), the practitioner shall immediately cease to act.
(3) A practitioner shall notify each prospective buyer each time a decision is taken to deal with any further prospective buyer.
(4) The obligations in this rule apply where to the practitioner’s knowledge a client who is a seller deals, (whether directly or through another practitioner) with another prospective buyer or with that buyer’s practitioner, whether directly or indirectly.
(5) A practitioner shall not act for more than one of the prospective buyers.
(6) A practitioner shall not act for both the seller and one of the prospective buyers, even in a case, which would fall within sub rule (1) of rule 6.
(1) A practitioner shall not share or agree to share the professional fees with any unqualified person.
(2) A practitioner who works as a volunteer in a law Centre or advice service operated by a charitable or similar non-commercial organisation may pay to the organisation any fee or costs that the practitioner receives under a legal aid scheme.
(3) A practitioner shall not enter into partnership with any person other than a practitioner who is qualified to practise in his or her own behalf.
(4) A practitioner shall not practise through any body corporate, except as provided under Part V of these Rules.
(1) Subject to sub-rule (2) a practitioner who is retained or employed to prosecute or defend any action, suit or other contentious proceeding shall not enter into any arrangement to receive a contingency fee in respect of that proceeding.
(2) Paragraph (1) of this rule shall not apply to an arrangement in respect of an action, suit or other contentious proceeding in any country other than Zambia to the extent that a local lawyer in that country would be permitted to receive a contingency fee in respect of that proceeding.
9. Claims from personal injury or death
(1) Subject to sub-rule (2) a practitioner shall not, in respect of any claim arising from death or personal injury, either enter into an arrangement for the introduction of clients with or act in association with any person, not being a practitioner whose business or any part of whose business is to make, support or prosecute, whether by action or otherwise, and whether by a practitioner or agent or otherwise, any claim arising from death or personal injury and who in the course of such business solicits or receives contingency fees in respect of such a claim.
(2) Sub-rule (1) shall not apply to an arrangement or association with a person who solicits or receives contingency fees only in respect of proceedings in a country outside Zambia, to the extent that a local lawyer in that country would be permitted to receive a contingency fee in respect of such proceedings.
(1) A practitioner shall not use a firm name which–
(a) is misleading; or
(b) brings the profession into disrepute.
(2) A practitioner shall not use a firm name appearing on any letterhead or fax heading, or heading used for bills, if the name does not itself include the word “Advocate, Legal Practitioner, Solicitor or Barrister” and the firm name shall be accompanied by the word “Advocate(s)” or “Legal Practitioner(s) “ or “Solicitor(s)” or “Barrister(s)”.
(3) A practitioner shall not use a firm name, which suggests that the firm is bigger than it is.
(4) A practitioner shall not register a firm name under the Registration of Business Names Act without the prior approval of the proposed name of the Legal Practitioners Committee.
(5) A firm name may–
(a) be a non-conventional name;
(b) be a name with a geographical reference;
(c) be a name including a field of practice;
(d) be a firm name which includes the name of an historical character unconnected with the practice, or the name of a fictional character, or an invented name, or a name selected at will, but shall not be a name that would breach paragraph (c) of sub-rule (6);
(e) use “&Co.” or “Advocates” or Legal Practitioner or “Solicitors” or “Barristers” even for a sole practitioner or (f) use “& Partners” or “Chambers”.
(6) A firm name shall not be-
(a) a name which uses the words “Law Centre”, Law museum”, “Legal Clinic” or “Law Bank”;
(b) a name which implies a connection with a business other than a legal practice;
(c) a firm name which includes the name of, or refers to, any actual person unless that person is:
(i) a practitioner who is or was a principal in the firm of a predecessor firm; or
(ii) an historical character unconnected with the practice.
(7) Notwithstanding the other provisions of this Rule, a firm name which before the commencement of these Rules is in contravention of this rule shall within a period of 12 months from the date of commencement of these Rules change the firm name in compliance with this rule.
(1) The names and status of practitioners practising in a firm shall be unambiguously stated in firm’s stationery.
(2) Subject to the other provisions of these Rules, a firm’s stationery shall not contain the names of partners or practitioners who are either deceased or have left the firm.
(3) A practitioner shall not hold out persons as partners in a firm by inclusion of both partners’ and non-partners, names in their stationery but the status of non-partners shall be indicated clearly on stationery.
(4) The following terms, used alone or in combination, shall be deemed to indicate that a person is a practitioner holding a current practising certificate:
(a) associate;
(b) assistance; or
(c) consultant.
(1) Any stationery used by a practitioner for professional work shall include a physical address.
(2) A practitioner may use for professional work the stationery of, or stationery including the name of, a non-practitioner employer where–
(i) the stationery makes it clear that the stationery is being used by a practitioner on legal professional business and shall state that the practitioner is solely responsible for the contents of the letter; and
(ii) the stationery is being used for the business of that non-practitioner employer.
(3) A practitioner’s stationery shall not contain false or misleading areas of expertise or qualifications or connections.
(4) A practitioners stationery shall reflect the honour, sobriety, decorum and modest character of the legal profession and shall not contain logos or slogans.
(5) For purpose of this rule, a firm’s stationery includes letterheads, fax heading used for bills.
13. Location, supervision and management of an office
(1) A practitioner shall–
(a) ensure that every office where the practitioner or the practitioner’s firm is located is decent, easily accessible and in an environment conducive and suitable for a legal practice;
(b) not share office accommodation and facilities with non-practitioners.
(2) For purposes of sub-rule (1) the Legal Practitioners Committee shall have power to inspect the suitability of a practitioner’s office at any time.
(3) A practitioner shall ensure that every office of that practitioner or firm’s practice is properly supervised in accordance with the following minimum standards–
(a) every such office shall be attended on each day when it is open to the public or open to telephone calls from the public by a practitioner who has practised under the supervision of a practitioner of prescribed standing for at least three years, and who shall spend sufficient time at such office to ensure adequate control of the staff employed there and afford requisite facilities for consultation with clients; such practitioner may be principal, employee or consultant of the firm, provided that the firm must have at least one principal who is a practitioner of prescribed standing for at least three years;
(b) every such office is managed by a practitioner of not less than three years standing who shall normally be in attendance at that office during all the hours when it is open to the public or open to telephone calls from the public.
(4) In determining whether or not there has been compliance with the sub-rule (2), account shall be taken of the arrangements for principals to see in-coming mail.
(5) Where daily attendance or normal attendance in accordance with sub-rule (3) (a) or (b) is prevented by illness, accident or other sufficient or unforeseen cause for a prolonged period, suitable alternative arrangements shall be made without delay to ensure compliance.
A practitioner in private practice shall ensure that clients are at all relevant times given appropriate information as to the issues raised and the progress on the matter.
PART III
PUBLICITY AND STATEMENTS ON CHARGES OR FEES
A practitioner shall not publicise or advertise the practitioners practice in any manner except as provided under this Part.
16. Unsolicited visit, telephone calls, touting and advertising
(1) A practitioner shall not tout or solicit for legal professional business.
(2) A practitioner shall not respond to public or private tenders, for legal professional business.
(3) A practitioner shall not offer services without instructions from a client.
(1) A practitioner shall inform clients about charges or fees and the basis for such charges on taking instructions.
(2) A practitioner shall, where applicable, charge fees on the basis of scales of fees promulgated under Part IX of the Act.
(3) A practitioner shall not offer free services except where the service is offered towards a charitable cause.
(4) A practitioner shall not produce, publish or distribute, brochures whether directly, or indirectly, in relation to or in connection with their legal professional business.
(5) A practitioner shall not write or cause to be published whether by print or electronic media, press articles on legal subjects unless under a pseudonym or with prior permission of the Legal Practitioners Committee or the Council of the Law Association of Zambia:
Provided that this rule shall not apply to articles appearing in the legal press.
(6) A practitioner shall not appear on television or radio or any electronic media, to discuss any legal subject, unless with prior permission of the Legal Practitioners Committee or the Council of the Law Association of Zambia.
(7) The Legal practitioners Committee will normally grant permission under this rule if, the press article, press release, television or radio appearance or interview, is likely to enhance or maintain the good name of the legal profession.
A firm may have an entry in a directory or listing under any appropriate heading provided that the word “Legal Practitioner(s),” “Advocate(s)”, Solicitor(s)” or “Barrister(s)” appears.
(1) Legal practitioner shall not distribute to the press, radio or television, copies of any court document, speech or address to any court, tribunal or inquiry, except at the time and place of the hearing to persons attending the hearing to report the proceedings.
(2) A legal practitioner shall not issue malicious, insulting or derogatory statements against members of the judiciary.
The rules prohibiting advertising shall not apply to publicity the law Association of Zambia, or any body established under the control of the Law Association of Zambia, concerning the services of practitioners in general or any class or group of practitioners.
PART IV
INTRODUCTION AND REFERRALS
(1) This part applies to the introduction of clients by third parties to practitioners or by practitioners to third parties.
(2) This part does not apply to introductions and referrals between practitioners and lawyers of other jurisdictions.
(1) A practitioner shall retain professional independence and ability to advice clients fearlessly and objectively and shall not permit the requirements of an introducer to undermine this independence.
(2) In making or accepting introductions or referrals, a practitioner shall do nothing which would or would be likely to comprise or impair any of the following principles:
(a) the practitioner’s independence or integrity;
(b) a person’s freedom to instruct a practitioner of choice;
(c) a practitioner’s duty to act in the best interests of the client;
(d) the good repute of the practitioner or the practitioner’s profession;
(e) the practitioner’s proper standard of work; and
(f) the practitioner’s duty to the Court.
23. Introduction or referral of business to practitioners
(1) A practitioner shall discuss and make known to potential introducers that the practitioner is prepared to accept instructions in accordance with these Rules and shall make known to the potential introducers the fees to be charged for the matter.
(2) A practitioner shall not reward introducers by the payment of commission or otherwise.
(3) A practitioner shall not become so reliant on a limited number of sources of referrals that the interest of an introducer affect the advice given by the practitioner to a client.
(4) A practitioner shall be conscious of the need to advise impartially and independently a client referred by introducers and ensure that the wish to avoid offending or displeasing the introducer does not colour the advice given to the client.
(5) A practitioner shall ensure that the practitioner is sorely responsible for any decision taken in relation to the nature, style or extent of the practice but this rule does not affect the need for the practitioner to communicate directly with the client to obtain or confirm instructions, in the process of providing advice and at all appropriate stages of the transaction.
(6) If a practitioner recommends that a client uses a particular firm, the practitioner shall do so in good faith, judging what is in the client’s best interest; and a practitioner shall not enter into an agreement or association which would restrict the practitioner’s freedom to recommend any particular firm.
PART V
EMPLOYED LEGAL PRACTITIONERS
(1) This part applies to a practitioner employed by a non-practitioner employer in the course of the practitioner’s employment with such a non-practitioner employer but–
(a) does not apply to any private practice of such practitioner;
(b) does not apply to practitioner employed by the Government.
(2) A practitioner who is an employee of a non-practitioner or unqualified person, shall not, as part of employment, do for any person other than the employer, work which is or could be done by a practitioner acting as such, in any way in breach of these Rules.
Notwithstanding anything in these Rules an employed practitioner shall not act any situation where the practitioner would be precluded from acting by an actual or potential conflict of interest.
26. Practising as an advocate or practitioner
Nothing in this part shall be taken as sanctioning conduct inconsistent with the principle of the practitioner’s independence as provided in these Rules.
27. Independence of practitioner
An employed practitioner shall practise as an advocate or practitioner only where the following conditions are met:
(a) the practitioner holds a current practising certificates;
(b) the practitioner is appearing either on behalf of his or her employer, or under the terms of rule 30; and the practitioner shall not act for any employee or client of the employer; and
(c) the practitioner has practised as a practitioner for a least three years.
28. Law centres, charities and other non-commercial advice services
A practitioner who is the employee of a law centre or advice service operated by a charitable or similar non-commercial organisation may give advice to and otherwise act for members of the public, where no fees are charged except the charges for administrative costs; but shall not appear in court on behalf of members of the public unless otherwise provided for in any written law.
PART VI
LEGAL PRACTITIONERS AND SEPARATE BUSINESS
29. Safeguards in relation to separate businesses generally
(1) A practitioner who has a separate business shall not do anything in the course of practice, or in the course of making and accepting referrals, connected with that separate business, which is likely to compromise or impair any of the principles set out in rule 3.
(2) A practitioner who has a separate business shall ensure that–
(a) the words “Barrister”, “Solicitor(s)” Lawyer(s)” or “Legal Practitioners” or any other words or terms that would be construed to mean that the business is for legal practice are not used in connection with the practitioner’s involvement with that separate business;
(b) the paper work and records relating to customers of the separate business are kept separately from paper work and record relating to clients of the practitioner (whether or not those Customers are also clients of the practitioner);
(c) the practitioner does not hold in the client account of the practitioner’s practice money held for customers of the separate business as such.
30. Meaning of separate business
In this part “separate business”, means business unrelated to the practice of law.
PART VII
ADVOCACY, ETHICS AND ETIQUETTE
31. Interpretation of Part VII
In this part the context otherwise requires:
“Court” means–
(a) any Court of record, the Supreme Court, the high Court, Industrial Relations Court and Subordinate Courts;
(b) any tribunal;
(c) any Court martial; and
(d) a statutory inquiry within the meaning of the Enquiries Act.
(1) A practitioner shall not–
(a) engage in conduct whether in pursuit of the profession or otherwise which is:
(i) dishonest or otherwise discreditable to a practitioner;
(ii) prejudicial to the administration of justice; or
(iii) likely to diminish public confidence in the legal profession or the administration of justice or otherwise bring the legal profession into disrepute; or
(b) engage directly or indirectly in any occupation if the engagement of association with that occupation may adversely affect the reputation of a practitioner or prejudice the ability of a practitioner to attend properly to the interests of clients.
(2) A practitioner has a duty to the Court to ensure that the proper and efficient administration of justice is achieved.
(3) A practitioner shall act towards a client at all times in good faith.
(4) A practitioner shall not–
(a) permit the absolute independence and freedom of the practitioner from external pressures to be compromised;
(b) do anything that may lead to any inference that the independence of the practitioner may be compromised;
(c) compromised the professional standards of a practitioner;
(d) accept a brief on terms that payment of fees shall depend upon or be related to or postponed on account of the outcome of the case or of any hearing; or
(e) disclose, unless, lawfully ordered to do so by the Court or as required by statute what has been communicated to the practitioner in the capacity as practitioner even if the practitioner has ceased to be the client’s practitioner, and this duty extends to the partners associate or assistants of a practitioner.
33. Decision to accept brief from client
(1) A practitioner shall not accept any brief if to do so would cause the practitioner to be professionally embarrassed under the following circumstances–
(a) the practitioner lacks sufficient experience or competence to handle the matter, or if the experience of advocacy of the practitioner in the relevant Court of proceedings has been so infrequent or so remote in time as to affect the competence of the practitioner;
(b) having regard to the other professional commitments of the practitioner, the practitioner will be unable to do or will not have adequate time and opportunity to prepare that which the practitioner is required to do;
(c) the brief seeks to limit the ordinary authority of discretion of a practitioner in the conduct of proceedings in court or to impose on a practitioner an obligation to act otherwise than in conformity with the provisions of these Rules;
(d) the matter is one in which the practitioner has reason to believe that the practitioner is likely to be a witness or in which whether by reason of any connection of the practitioner (or of any partner or other associate of the practitioner) with the client or with the Court or a member of it or otherwise, it will be difficult for the practitioner to maintain professional independence or the administration of justice might be or appear to be prejudiced;
(e) the practitioner has been responsible for deciding on a course of action and the legality of that action is in dispute in the proceeding;
(f) there is or appears to be some conflict or significant risk of some conflict either between the interest of the practitioner, or of any partner or other associate of the practitioner and some other person or between the interest of any one or more of their client; or
(g) the matter is one in which there is a risk of a breach of confidences entrusted to the practitioner, or to any partner or other associate, by another client or where the knowledge which the practitioner possess of the affairs of another client would give an undue advantage to the new client.
(2) If the practitioner considers that the best interests of the client would not be served by the practitioner continuing to represent the client, a practitioner shall immediately advise the client accordingly.
(1) A practitioner shall cease to act and return any brief–
(a) if having accepted a brief of more than one client there is or appear to be–
(i) a conflict or a significant risk of a conflict between the interest of anyone or more of such clients: or
(ii) a risk of a breach of confidence;
(b) if in any legally aided case, whether civil or criminal, it has become apparent to the practitioner that legal aid has been wrongly obtained by false or inaccurate information and action to remedy the situation is not immediately taken by the client;
(c) if the client refuses to authorise a practitioner to make some disclosure to the Court which is the practitioner’s duty to disclose to the Court;
(d) if having become aware during the course of a case of the existence of a document which should have been but has not been disclosed on discovery, the client fails forthwith to disclose it.
(2) A practitioner shall not–
(a) cease to act or return a brief without having first explained to the client the reasons for doing so; or
(b) return a brief to another advocate without the consent of the client.
35. Conduct of work with client
(1) A practitioner shall–
(a) in all professional activities be courteous and act promptly, conscientiously, diligently and with reasonable competence and take all reasonable and practicable steps to avoid unnecessary expense or waste of the court’s time and to ensure that professional engagements are fulfilled;
(b) inform the client forth with:
(i) if it becomes apparent that the practitioner will not be able to do the work within a reasonable time after receipt of instructions;
(ii) if there is an appreciable risk that the practitioner may not be able to undertake instructions or fulfil any other professional engagement which the practitioner has accepted.
(2) Whether or not the relation of practitioner and client continues, a practitioner shall preserve the confidentially of the clients’ affairs and shall not without the prior consent of the client or as permitted by law lend or reveal the consents of the client’s instruments or communicate to any third person (other than an associate or any of the staff in the practice of the practitioner who need to know it for the performance of their duties) information which has been entrusted to the practitioner the practitioner in confidence or use such information to the practitioner’s clients’ detriment or to the practitioner’s advantage or to another clients’ advantage.
(3) A practitioner shall not, in relation to any current matter in which the practitioner is or has been briefed, offer the practitioner’s personal view or opinion to or in any news or current affairs media upon the facts of or the issues arising in that matter.
(4) A practitioner shall not when interviewing out of court place witnesses who are being interviewed under any pressure to provide other than a truthful account of their evidence.
(5) A practitioner shall not devise fact which will assist in advancing the client’s case and shall not draft any originating process, pleading, affidavit, witness statement or notice of appeal containing–
(a) any statement of fact or contention which is not supported by the client or by the brief or instruments;
(b) any allegation of fraud unless the practitioner has clear instruments to make such allegation and has before him or her reasonably credible material which as it stands established a prima facie case of fraud;
(c) in the case of an affidavit or witness statement any statement of fact other than the evidence which in substance according to the practitioner’s instruments the practitioner reasonably believes the witness would give if the evidence contained in the affidavit or witness statement were being given viva voce:
Provided that nothing in this paragraph shall prevent a practitioner drafting a pleading, affidavit or witness statement containing specific facts, matters or contentions included by the practitioner subject to the client’s confirmation as to accuracy.
A practitioner when conducting proceedings at Court–
(a) shall be personally responsible for the conduct and presentation of the client’s case and shall exercise personal judgement upon the substance and Purpose of statements made and question asked;
(b) shall ensure that the court is informed of all relevant decisions and legislative provisions of which the practitioner is aware whether the effective is favourable or unfavourable towards the contention for which the practitioner argues and shall bring any procedural irregularity to the attention of the court during the hearing and not reserve such matter to be raised on appeal; or
(c) shall not adduced evidence obtained otherwise than from on through the practitioners client or devise facts which will assist in advancing the client’s case.
37. Communications with clients and third parties
(1) A practitioner shall only communicate with the client or authorised representatives of the client.
(2) Where there is any reason to doubt the propriety of any action or proposed course of action, a practitioner shall satisfy himself or herself that the client has received and understood any warnings or advise which it may be appropriate to offer.
(3) A practitioner shall not communicate about a particular case directly with any person whom the practitioner knows to be represented in that case by another practitioner without the latter’s consent.
A practitioner shall treat professional colleagues with the utmost courtesy and fairness in relation to court matters or any other professional business or dealings.
A practitioner shall encourage clients to reach a solution by settlement outside court rather than start legal proceedings.
PART VIII
LEGAL PRACTITIONERS HOLDING PUBLIC OFFICE
40. Minister, Deputy, Attorney-General Director of Public of Public Prosecutions, Solicitor-General or other positions in Government
(1) Where a practitioner is appointed to the Office of Minister, Deputy Minister, Attorney-General, Director of Public Prosecutions, Solicitor-General the practitioner shall–
(a) upon appointment to the relevant position cease or refrain from practising in private practice;
(b) employ a practitioner of at least three years standing to manage and operate his or her practice.
(2) A practitioner holding office of a Minister or Deputy Minister, Attorney-General, Director of Public Prosecutions and Solicitor General shall not be or be seen, to be able to influence a decision or acquire information which might put that practitioner at an advantage in relation to other practitioners, or make the public believe that by instructing a particular practitioner the public could obtain preferential or exceptional treatment because of his or her connection with a particular office.
(2) Sub rule (1) and (2) shall apply mutatis mutandis to a practitioner appointed to any office in the Government.
PART IX
MISCELLANEOUS
Non-compliance, failure, evasion or disregard of these rules without reasonable cause shall constitute professional misconduct or conduct unbefitting a practitioner in terms of section 53(ii) of the Act.
42. Suspension of practising certificate
The legal Practitioner Committee, may where it considers fit, suspend the practising certificate of any practitioner facing disciplinary proceeding for breach of any of these rules and shall submit the matter to the disciplinary committee in accordance with the Act.
LEGAL PRACTITIONERS (HIGH COURT) (FIXED COSTS) ORDER
[Section 70]
Arrangement of Paragraphs
Paragraph
3. Revocation of S.I. No. 6 of 2001
SI 97 of 2016.
This Order may be cited as the Legal Practitioners (High Court) (Fixed Costs) Order, 2016.
Where costs are allowed in proceedings in the High Court, the costs shall be taxed at the fixed rates set out in the Schedule.
3. Revocation of S.I. No. 6 of 2001
The Legal Practitioners (High Court) (Fixed Costs) Order, 2001, is revoked.
[Paragraph 2]
FIXED RATES
|
Fee Units |
||
|
A. |
The Amount of Costs Endorsed on a Writ of Summons Under Order VI Rule 10 |
|
|
1. |
When the amount claimed is less than 123,334 fee units - no costs unless allowed by the Registrar and if allowed in accordance with item 2 and 3 |
|
|
2. |
When the amount does not exceed 493,334 fee units |
3,701 |
|
3. |
For each additional defendant |
1,234 |
|
4. |
When the amount claimed is over 493,334 fee units |
4,934 |
|
5. |
For each additional defendant |
1,851 |
|
6. |
In addition to the above to provide for the contingency of substituted service |
6,167 |
|
B. |
Judgment in Default of Appearance Where the Claim is for a Debt or Liquidated Amount Only |
|
|
1. |
When less than 123,334 fee units recovered - no costs unless allowed by the Registrar and if allowed in accordance with item 2 and 3 unless otherwise ordered |
|
|
2. |
When the amount recovered does not exceed 493,334 fee units |
12,334 |
|
3. |
For each additional defendant |
6,167 |
|
4. |
When the amount claimed is over 493,334 fee units |
24,667 |
|
5. |
For each additional defendant |
9,251 |
|
6. |
When an affidavit of service is required |
1,851 |
|
7. |
When notice of appearance is entered and the plaintiff makes an affidavit of service for the purpose of judgment in default |
1,851 |
|
C. |
Issuing Execution |
|
|
Cost allowed |
12,334 |
|
|
NOTE: |
||
|
1. |
Court fees and other disbursements are not included in these fees |
|
|
2. |
Every reference to a page means a page A4 size |
LEGAL PRACTITIONERS (COSTS) ORDER
[Section 70]
Arrangement of Paragraphs
Paragraph
2. Costs on Subordinate or High Court Scale
4. Scale of costs in proceeding before Commission or tribunal
5. Scale of costs in proceeding in High Court
6. Revocation of S.I. No. 9 of 2001
SI 6 of 2017.
This Order may be cited as the Legal Practitioners (Costs) Order, 2017.
2. Costs on Subordinate or High Court Scale
(1) Costs where awarded, in any proceedings in the High Court which could have been commenced in a subordinate court, shall be on the appropriate subordinate court scale.
(2) A judge may make an order allowing the costs or any part thereof, referred to in subparagraph (1), on the High Court scale if satisfied that—
(a) there was sufficient reason for bringing the action in the High Court; or
(b) the defendant or one of the defendants objects to the transfer of the action to a subordinate court.
(3) A practitioner shall, on taking instruction, agree with the client the hourly fee to be charged in accordance with Parts II and III of the Fourth Schedule or in accordance with section 76 and 77 of the Act.
The provisions of this Order shall not apply to fixed costs which are provided for in the Legal Practitioners (High Court) (Fixed Costs) Order, 2016.
4. Scale of costs in proceeding before Commission or tribunal
A practitioner who is entitled or permitted to appear in any proceedings before a commission, tribunal, mediator, arbitrator, board, court or other body, shall be entitled to costs in accordance with the scale set out in the Schedule, and the provisions of the High Court rules with regard to taxation shall apply to the taxation of the costs.
5. Scale of costs in proceeding in High Court
(1) In any proceedings in the High court where costs are allowed to any practitioner, they shall be taxed in accordance with the scales of costs set out in the Schedule.
(2) Where the trial Judge certifies that there were sufficient grounds arising out of the nature of importance, or the difficulty or urgency of the case to justify the appearance of two or more practitioners as counsel, the cost allowed in respect of each practitioner shall be taxed in accordance with the scale costs set out in the Schedule.
6. Revocation of S.I. No. 9 of 2001
The Legal Practitioners (Costs) Order, 2001, is revoked.
[Paragraphs 4 and 5]
SCALE OF PRACTITIONERS’ COSTS IN CONTENTIOUS MATTERS
|
PART I |
|||
|
Scale Head |
Applicable part of Schedule |
Applicable fee |
|
|
1. Institution of proceedings |
|||
|
1.01 |
For letter of demand |
III |
|
|
1.02 |
Preparing, issuing, filing and service of writs of summons, endorsed with a statement of claim |
II |
|
|
1.03 |
Preparing, issuing, filing and service of originating notice |
II |
|
|
1.04 |
Preparing, issuing, presenting and service of any petition including any process touching the Constitution of the Republic of Zambia, complaint, appeal or application before the Industrial Relation Court, Tribunal, Commission, arbitrator, etc. |
II |
|
|
1.05 |
Preparing, issuing, filing and service of any application for Habeas Corpus, or for any administrative orders, including an application for judicial review |
II |
|
|
1.06 |
Preparing, issuing, filing and service of a concurrent writ of summons or originating summons |
III |
|
|
1.07 |
Renewing writ of summons or originating summons |
III |
|
|
2. Instructions |
|||
|
2.01 |
Attending on client, either formal or informal |
III |
|
|
2.02 |
Taking instructions for a statement of claim, petition, complaint, application, appeal or other process or proceedings |
III |
|
|
2.03 |
Taking instructions for a defence and counterclaim (if any) or for any answer or opposition to any process or proceeding mentioned in scales 1 |
II |
|
|
2.04 |
Attending on and interviewing any witness or possible witness for the trial and taking and preparing proofs of evidence. |
II |
|
|
2.05 |
Requesting for and examining reports or opinions of expert |
II |
|
|
2.06 |
Examination of any place or property material to the proceedings |
II |
|
|
2.07 |
Searching and obtaining any relevant documents from any public office such as the Lands and Deeds Registry, Court Registry or any other public office |
II |
|
|
2.08 |
Attending on the other party or parties, or their advocates or their agents including attendances for negotiations for meditation or any settlement out of court |
II |
|
|
2.09 |
Collating documents for an affidavit or list of documents and for the Bundles of Documents or pleadings |
II |
|
|
2.10 |
Attending to inspect documents or produce documents for inspection |
II |
|
|
2.11 |
Attending to any calculations to arrive at any damages or interest payable |
II |
|
|
2.12 |
Instructions for any affidavit and preparation thereof |
II |
|
|
2.13 |
Preparing notes for trial or any hearing in Chambers or Court |
II |
|
|
2.14 |
Instructions for brief to State Counsel to advise on evidence or affidavit to use as evidence at the trial (where Counsel’s opinion is justifiably sought) |
II |
|
|
3. Interlocutory proceedings in Chambers |
|||
|
3.01 |
Preparation, issuing, filing and service of any summons, application, notice of motion or appeal to a judge in Chambers |
II |
|
|
3.02 |
Preparing, issuing, filing and arranging execution of: |
||
|
-Writ of Elegit |
|||
|
-Writ of Fieri Facias or any other writ of execution or for possession of land |
III |
||
|
3.03 |
Preparing any other document (to include where necessary filing, service and delivery of any notice or document not otherwise provided for) including any document or application to: |
III |
|
|
3.03.1 |
Amend any document |
II |
|
|
3.03.2 |
Obtaining any order for substituted service or for giving leave to serve out of the jurisdiction |
II |
|
|
3.04 |
Preparing, serving and delivery of: |
II |
|
|
3.04.1 |
Defence and counter claim if any |
II |
|
|
3.04.2 |
Answer, reply or opposition to a petition or any application in terms of scales 1.04 and 1.05 hereof |
II |
|
|
3.03.3 |
Request for particulars of any pleadings |
III |
|
|
3.04.4 |
Request for interrogatories |
III |
|
|
3.04.5 |
Affidavit and list of documents |
II |
|
|
3.04.6 |
Notice to produce or admit documents |
III |
|
|
3.05 |
Preparing, filing and service of any order made in Chambers and any order or judgment or passed in Court |
II |
|
|
4. Attendance |
|||
|
4.01 |
Attendance in Chambers or Court on the hearing of any application, interlocutory appeal or other nature |
II |
|
|
4.02 |
Attending State Counsel in conference |
II |
|
|
4.03 |
Waiting to attend to any application in Chambers or at Court, Tribunal, meditation, arbitration, inquiry, Commission etc. |
II |
|
|
4.04 |
Waiting to attend before the Deputy or District Registrar in Chambers |
III |
|
|
4.05 |
Attending, conducting case in Court, before a Commission, referee or on mediation or arbitration or before any tribunal or inquiry |
II |
|
|
4.06 |
Attending to hear or collect reserved judgment or order or any decision |
III |
|
|
4.07 |
Attendance on client or any other party or authority on the telephone |
II |
|
|
4.08 |
Attending generally including attending upon client to report on progress or discuss matter, swear affidavits, waiting for client, or witness, or attending upon any other authority pursuant to client’s instructions |
II |
|
|
4.09 |
Attending to the matter generally including preparing letters, progress reports, and other reports, and researching into the law |
III |
|
|
4.10 |
Attendance upon receipt of letter, telegram, telefax, email |
III |
|
|
4.11 |
Attending to tax costs, including attending to obtain appointment to tax and file bill of costs |
II |
|
|
5. Perusals |
|||
|
5.01 |
Of any statement of claim defence and counterclaim (if any), petition, complaint, application, appeal, answer, reply or any document being for any of the matter in scales to 1.02 to 1.05 hereof, inclusive |
||
|
5.02 |
Of any document, letter including perusals of Counsel’s opinion’s or documents or inspection or any interlocutory process |
||
|
6. Drawing documents |
|||
|
6.01 |
Drawing any in the proceedings or any brief or opinion not provided for herein |
III |
|
|
6.02 |
Drawing bill of costs and copies for taxation |
II |
|
|
6.03 |
For drawing case for opinion of State Counsel, to advise on evidence or to settle any pleadings and affidavit for use as evidence (where Counsel’s opinion is justifiably sought) |
II |
|
|
7. Opinions |
|||
|
7.01 |
For any written opinion given in anticipation of litigation |
II |
|
|
7.02 |
For any oral opinion given in anticipation of litigation |
III |
|
|
8. Communications, printing, photocopying, messengers etc. |
|||
|
8.01 |
For any letter, email, telegram, telex or telefax for each page (Maximum) |
2,467 |
|
|
8.02 |
Telephone per unit of three minutes or part thereof (Maximum) |
371 |
|
|
8.03 |
Photographic, printed or carbon copy of any document being exhibits to an affidavit for bundles of pleadings and documents (per page) (Maximum) |
3,084 |
|
|
8.04 |
General fee for letters, petties, messengers, incidentals etc. at 15% of the total bill (excluding disbursements) (Minimum) |
3,701 |
|
9. Subpoenas or summons to witness |
|||
|
For preparing, issuing, filing and service of subpoena or summons to witness and the Praecipe for each individual served |
|||
|
10. Travelling and out of station allowances |
|||
|
10.01 |
For travelling to inspect in Chambers or Courts, before a commission, a referee or an arbitrator on mediation or before any Tribunal, inquiry or Commission beyond the Advocate’s Station |
The appropriate fee as appears in Schedule of time taken using the most economical but convenient means of transport available in the circumstances subject to a maximum of ten hours for a single journey (one way) |
|
|
10.2 |
Travelling within the Advocate’s locality, town or station to attend Court, Tribunal, inquiry, Commission, mediation, arbitration, other authority or any matter related to the conduct of a matter on behalf of a client |
The appropriate fee as appears in Part II of this Schedule |
|
|
Note |
|||
|
If travel is by personal motor vehicle the Practitioner shall, in addition, be entitled to reasonable amounts expended on fuels |
|||
|
11. |
Appeals to the High Court |
||
|
11.01 |
Preparing notice of appeal |
III |
|
|
11.02 |
Preparing notices, grounds of appeal and any other document |
II |
|
|
11.03 |
Preparing summons, notice of motion or notice of application relating to any appeal, affidavit |
III |
|
|
11.04 |
Preparing record of appeal, case record or record of proceedings, collating documents, proofreading Judge’s Notes, Tribunal, Commission, or Magistrate’s Note or any other notes relevant to the appeal |
II |
|
|
11.05 |
Preparing heads of arguments, list of authorities including notes for use at the hearing of the appeal |
II |
|
|
11.06 |
The above fees are in addition to appropriate fees prescribed under scales 1 to 10 above |
|
PART II |
||
|
A fee not exceeding |
||
|
1. |
A practitioner of less than five year's standing and experience or legal executive |
2,467 |
|
2. |
A practitioner of more than five but of not more than ten year's standing and experience |
3,701 |
|
3. |
A practitioner of more than ten but of not more than fifteen year's standing and experience |
4,441 |
|
4. |
A practitioner of fifteen or more year's standing and experience |
5,674 |
|
5. |
State Counsel |
6,661 |
|
PART III |
||
|
A fee not exceeding |
||
|
1. |
A practitioner of less than five year's standing |
1,481 |
|
2. |
A practitioner of more than five but of not more than ten year's standing and experience |
2,467 |
|
3. |
A practitioner of more than ten but of not more than fifteen year's of standing and experience |
4,934 |
|
4. |
State Counsel |
6,167 |
LEGAL PRACTITIONERS' (CONVEYANCING AND NON-CONTENTIOUS MATTERS) (COSTS) ORDER
[Section 70]
Arrangement of Paragraphs
Paragraph
3. Agreement with client on fee scale
4. Revocation of S.I. No. 8 of 2001
SI 7 of 2017.
This Order may be cited as the Legal Practitioners’ (Conveyancing and Non-Contentious Matters) (Costs) Order, 2017.
Where in any conveyancing and non-contentious matter, costs are to be charged or allowed, the costs shall be in accordance with the scale of costs set out in the Schedule.
3. Agreement with client on fee scale
A practitioner shall, on taking instructions, agree with the client the fee scale to be applied in accordance with the scale set out in the Schedule.
4. Revocation of S.I. No. 8 of 2001
The Legal Practitioners’ (Conveyancing and Non-Contentious Matters) (Costs) Order, 2001, is revoked.
[Paragraphs 2 and 3]
|
(Applicable Part of this Schedule) |
(Applicable Fee) |
||
|
1. |
Attendance |
||
|
1.01 |
Not purely formal and including attendance to take instructions generally and to advise on, and for preparation of, any document (other than any document prepared in respect of the transactions appearing in heads 7, 8, 9.02 and 10), as well as attendance for consultations and advise on any legal matter. |
II |
|
|
1.02 |
Attending to research into the law and undertaking preparatory work as per client’s instructions. |
III |
|
|
1.03 |
Attendances purely formal, including attending to file document in any public or other office, attending upon receipt of a letter, fax, telegram, email or other means of written communication, attending to swear affidavit, bespeak copies or authenticate documents or attending to advise client on progress or discuss matter. |
III |
|
|
1.04 |
Attending on client on the telephone, advising or reporting on progress or seeking further instructions, including phone calls made to any other party or office in pursuance of the client’s instructions. |
III |
|
|
1.05 |
Attending before any governmental agency or authority, municipal or central Government. |
II |
|
|
1.06 |
Waiting to attend before any governmental agency or authority, municipal or central Government. |
A fee equivalent to one half of the fee prescribed |
|
|
2. |
Drawing Documents: |
||
|
2.1 |
Drawing any documents other than the documents appearing under Heads 7, 8, 9.2 and 10, including preparing letters and reports |
II |
|
|
2.2 |
For any page or part thereof of photographic printed or carbon copy of the original |
3,084 |
|
|
3. |
Opinions: on a matter in which civil litigation not contemplated: |
||
|
3.01 |
In writing |
II |
|
|
3.02 |
Oral |
III |
|
|
4. |
Perusals: of any documents or collating documents |
III |
|
|
5. |
Communications |
||
|
5.01 |
For any letter, email, telegram, telex or telefax for each page |
24.7 |
|
|
5.02 |
General fee for letters, petties, messengers, incidentals, etc. 10% of the total bill (excluding disbursements) (minimum) |
3,084 |
|
|
5.03 |
Telephone and telefax, email within Zambia per unit of three minutes or part thereof |
371 |
|
|
5.4 |
International telephone calls practitioners entitled to recover the actual cost of the telephone call or fax transmission |
||
|
6 |
Travelling and Out of Station Allowance |
||
|
6.01 |
Travelling to a destination beyond the practitioner’s station to attend to the matter or transaction |
A fee equivalent to one half of the fee in Part II of this Schedule of the time taken on the journey using the most economical but convenient means of transport available in the circumstances, subject to a maximum of ten hours for single journey (one way) |
|
|
6.02 |
For any night spent outside the practitioners’ station, and occasion by a delay related to the conduct of the matter or transaction |
A fee equivalent to one half of the appropriate fee in Part II of this Schedule, subject to a maximum of ten hours on any single journey (one way) |
|
|
6.03 |
For any night spent outside the practitioner’s station, and occasioned by a delay related to the conduct of the matter or transaction |
A fee equivalent to one half of the appropriate fee in Part II of this Schedule, subject to a maximum of ten hours on any single journey (one way) |
|
|
6.04 |
Travelling within the practitioner’s locality or station to attend to the matter or transaction |
A fee equivalent to the appropriate fee in Part II of this Schedule |
|
|
N.B. If travel is by personal motor vehicle, the practitioner is entitled to reasonable amounts expended on fuels. |
|||
|
7. |
Costs Chargeable in Respect of: |
||
|
7.01 |
Assignments and transfers of Land. |
||
|
7.02 |
Mortgages, debentures, including supplemental, further or any floating charges or any other documents or security for securing an advance of money or any charge pursuant to statute or any bond. |
||
|
7.03 |
Companies mergers, shares, sale, swap or exchange agreements, joint ventures. |
||
|
7.04 |
Agreements for the sale of any moveable property or right in the Agreement. |
||
|
7.05 |
Loan agreements. |
||
|
7.06 |
Deed of Gift. |
A fee of not more than 10% of the consideration advance, price or as the case may be, on the value thereof in addition to any applicable fee chargeable in this Part of this Schedule with a minimum of 6,167: Except that when a practitioner represents both parties in any matter, the scale costs chargeable shall be halved in respect of the assignee, mortgagor, any chargee, purchaser of shares or movable property or the loanee, etc. |
|
|
7.7 |
Application for State Consent or any renewal thereof (per property) |
1,851 |
|
|
7.08 |
Preparing Form DR 53 (per property) |
1,234 |
|
|
7.09 |
Discharging Property Transfer Tax and obtaining Tax Clearance Certificate (including completing all necessary forms) per property |
3,084 |
|
|
7.10 |
Discharge of mortgage (per property) minimum |
6,167 |
|
|
8. |
Costs Chargeable in Respect of Licences or Leases (at Rack Rent) |
A fee of not more than 10% of the annual rent with a minimum of 6,167 |
|
|
9. |
Probate and Administration of Estates |
The appropriate fee in Part II of this Schedule |
|
|
9.01 |
Costs chargeable on the administration of estates of deceased persons. |
||
|
9.02 |
Application for probate or letters of administration |
||
|
10. |
Costs chargeable on the formation of a company |
||
|
10.1 |
For instructions to incorporate a company, advising on articles of the company and general on the provisions of Companies Act, Cap. 388, to settling Articles of the company. |
A fee of not more than 10% calculated on the gross world or gross Zambia estate as the case may be. |
|
|
10.2 |
Where articles are formulated and are substantially different from Table A of the Act |
The applicable fee as appears in Part II of the Schedule |
|
|
A fee not exceeding 10% of the share capital with minimum of 9,251 |
|||
|
10.3 |
Increase of capital |
A fee not exceeding 10% of the increased portion of the capital with a minimum of 9,251 in addition to the fees prescribed in 10.01 to 10.03, a practitioner shall be entitled to reasonable charges for printing and engrossing, not exceeding 10% of the total bill (excluding disbursements) or 3,084 which is higher |
|
|
11. |
Commission chargeable on collection of debts |
The charge shall be not more than 10% of the amount recovered. |
|
|
Notes: |
|||
|
(a) This Part shall not apply to a debt recovered after commencement of litigation touching the debt, unless there is agreement to apply this scale, after commencement of such litigation. |
|||
|
(b) a practitioner shall not apply both this Part and the Legal Practitioners (Costs) scales applicable to High Court and Subordinate Court, and even where there is agreement, a practitioner can only apply either of the scales. |
|||
|
(c) This Part shall be applied in contentious business where one party to the litigation touching the other debt, grants indulgence to the other party, to pay the debt in instalments. |
|||
|
12. |
Investment certificate and other licences etc. |
The applicable fee as appears in part II of this Schedule |
|
|
13. |
Wills, powers of attorney: |
||
|
Preparing, engrossing and attending to execution of wills and powers of attorney, such fee as may be reasonable taking into account the time and labour involved and the complexity of the will or power of attorney involved (minimum) K925.00 |
|||
|
14. |
Affidavits, notarial functions and certification of documents |
||
|
14.1 |
Attending to commission an affidavit (maximum) |
247 |
|
|
14.2 |
Certifying a document (maximum) |
617 |
|
|
14.3 |
Performing notarial function (per document) (maximum) |
3,084 |
|
PART II |
|||
|
A fee not exceeding per hour or proportionately for any part thereof |
|||
|
1. |
A practitioner of less than five years standing and experience or legal executive |
3,207 |
|
|
2. |
A practitioner of more than five but of not more than ten years standing and experience |
4,317 |
|
|
3. |
A practitioner of more than ten but of not more than fifteen years standing and experience |
4,934 |
|
|
4. |
A practitioner of fifteen or more years standing and experience |
6,044 |
|
|
5. |
State Counsel |
6,784 |
|
PART III |
|||
|
A fee not exceeding per hour or proportionately for any part thereof |
|||
|
1. |
A practitioner of less than five years standing and experience or legal executive |
1,234 |
|
|
2. |
A practitioner of more than five but of not more than ten years standing and experience |
2,036 |
|
|
3. |
A practitioner of more than ten but of not more than fifteen years of standing and experience |
2,467 |
|
|
4. |
A practitioner of fifteen or more years standing and experience |
3,392 |
|
|
5. |
State Counsel |
4,317 |
LEGAL PRACTITIONERS (PUBLICITY) RULES
[Section 90]
Arrangement of Rules
Rule
4. Prohibition of advertising contrary to Rules
9. Advertisements in legal and non-legal directory
13. Brochure, leaflet and pamphlet
14. Journal, magazine and newsletter
16. Interviews with press, radio and television
17. Participation in seminars, conferences and other fora
20. Documents relating to property transaction
21. Books, etc. written by practitioner
22. Advertising through the electronic media, internet or website
24. Practitioner’s responsibility in relation to advertisement concerning practitioner
SI 23 of 2017.
These Rules may be cited as the Legal Practitioners (Publicity) Rules, 2017.
In these Rules, unless the context otherwise requires—
"advertise" means placing or providing a notice, an announcement or other form of promoting a firm in an electronic or print medium or a newspaper article, television, radio broadcast, brochure or directory entry, but excludes a notice or announcement prepared on behalf of a client or notice by a firm on change of address or contact details of the firm, and "advertising" and "advertisement" shall be construed accordingly;
"approved information" means any one or more of the following—
(a) the name of the firm;
(b) the address of the firm;
(c) the telephone numbers of the firm;
(d) the business hours of the firm;
(e) the year in which the firm or its predecessor in title was established;
(f) the merger or association of a firm with another firm in Zambia or elsewhere;
(g) historical data of the firm or its predecessor in title;
(h) the designation "Advocate", "Advocates", "Legal Practitioner" or "Legal Practitioners";
(i) the designation "Commissioner for Oaths" or "Commissioners for Oaths";
(j) the designation "Notary Public" or "Notaries Public";
(k) the designation "& Partners" "& Co" or "Chambers";
(l) the designation "consultant" or "consultants";
(m) the area of practice engaged in by the firm or by the practitioners practising in the firm;
(n) the language proficiency of the practitioners practising in the firm;
(o) the name of the practitioners practising in the firm and whether any practitioner is a sole proprietor, partner, legal assistant or consultant of that firm;
(p) the year of admission as an advocate of the practitioner practising in the firm and whether the practitioner has been admitted as a practitioner in another jurisdiction;
(q) the academic and professional qualifications of the practitioners practising in the firm and any official title conferred upon them;
(r) information on completed cases handled by the firm or the practitioners practising in the firm, subject to the prior written consent of the clients and the duty of confidentiality owed to such clients;
(s) names of persons who are or have been the practitioner’s clients or the firm’s clients, subject to the prior written consent of such persons; and
(t) any other information with the prior written approval of the Council;
"Council" means the Council of the Law Association of Zambia established under section 10 of the Law Association of Zambia Act;
"firm" means a business concern for the practice as a legal practitioner, and includes a sole practitioner;
"Legal Practitioners’ Committee" means the Legal Practitioners’ Committee appointed by the Council under section 13 of the Law Association of Zambia Act;
"practice" has the meaning assigned to it in the Act;
"practitioner" has the meaning assigned to it in the Act;
"publicise" means to make known to the public through any form of advertisement, including an advertisement—
(a) published in a newspaper, journal, magazine, book, booklet, directory or other publication;
(b) contained in a letter, brochure, bulletin, business card, leaflet, nameplate, newsletter, notice, pamphlet or letterhead or stationery used for professional purposes; or
(c) placed in, stored in or transmitted through any electronic media accessible to the public or to any section of the public.
These Rules apply to every practitioner, whether the practitioner is practising as a sole proprietor, partner, employee, in-house counsel or consultant of a firm.
4. Prohibition of advertising contrary to Rules
(1) A practitioner shall not advertise the practitioner’s practice or firm or allow any of the practitioner’s employees or any other person to advertise the practice or firm in any manner that is contrary to these Rules.
(2) A practitioner shall not solicit or attempt to solicit professional business by doing or permitting to be done anything which, by its manner, frequency or otherwise has, in the opinion of the Council, the effect of publicising the practitioner’s practice or firm in a manner which is inconsistent with or not permitted by these Rules.
(1) A practitioner who advertises the practitioner’s practice or firm within Zambia—
(a) shall not advertise—
(i) in a manner that is likely to diminish public confidence in the legal profession or to bring the legal profession into disrepute; or
(ii) in a manner that is ostentatious, in bad taste, misleading, deceptive, inaccurate, false, sensational, intrusive, offensive or in any other way unbefitting the dignity of the legal profession; or
(b) shall not in the advertisement—
(i) make any claim that the practitioner is a specialist or expert in an area of practice in which the practitioner is incompetent or unqualified;
(ii) make any direct or indirect reference to the number or proportion of cases that have been successfully undertaken by the practitioner, or to the practitioner’s earnings or the earnings of any practitioner practising with the firm;
(iii) state that any particular person is or has been the practitioner’s or firm’s client;
(iv) state anything that would be construed as offering any inducement to, or imposing any duress upon, any person as a means of obtaining professional business for the practitioner or the practitioner’s firm;
(v) make any statement relating to the rates charged by the practitioner or the practitioner’s firm, or to the practitioner’s firm’s methods of charging;
(vi) make any laudatory references to the practitioner or the practitioner’s firm, or directly or indirectly extol the quality of the professional services provided by the practitioner or the practitioner’s firm;
(vii) make any comparison with, or criticism in relation to, the charges for, or the quality of, services provided by any other practitioner or firm;
(viii) incorporate the armorial bearings of the Law Association of Zambia; or
(ix) refer to the appointment of a practitioner currently or previously practising in the practitioner’s firm to a judicial office.
(2) Without prejudice to subparagraph (ix) of paragraph (b) of subrule (1), a practitioner who advertises oneself or the practitioner’s practice or firm may, in the advertisement, include in the name of the firm the name of a practitioner who had been previously practising in the firm and who has been appointed to a judicial office, where prior to that appointment the name was part of the name of the firm.
(3) For the purposes of subparagraph (ii) of paragraph (a) of subrule (1), an advertisement is misleading, deceptive, inaccurate or false if it—
(a) contains a material misrepresentation of fact;
(b) omits to state a material fact;
(c) contains any information which cannot be reasonably verified; or
(d) is likely to create an unjustified expectation about the results that can be achieved by the practitioner or the practitioner’s firm.
(1) A practitioner may advertise the practitioner’s practice or firm in any country outside Zambia but the advertisement shall not—
(a) be conducted in a manner that is contrary to these Rules and the laws of that country;
(b) be conducted in a manner that is likely to diminish the confidence of the public in that country regarding the legal profession of Zambia, or to otherwise bring the legal profession of Zambia into disrepute;
(c) be published in any newspaper, journal or other publication in circulation in that country, which is widely circulated in Zambia; or
(d) be published in any edition of any newspaper, journal or other publication originating from that country, where such edition is published specifically for circulation to the public in Zambia.
(2) For the purposes of paragraph (c) of subrule (1), in determining whether any newspaper, journal or other publication in circulation in a country outside Zambia is also widely circulated in Zambia, the factors to be considered by the Council may include—
(a) the availability of the newspaper, journal or other publication in bookshops and newspaper stands in Zambia; and
(b) the method by which the newspaper, journal or other publication is circulated in Zambia.
(3) A practitioner who advertises the practitioner’s practice or firm in a country outside Zambia shall cause a copy of the advertisement to be kept at the practitioner’s principal place of business for a period of at least 12 months from the date of its publication, and shall, upon being requested to do so by the Council, produce a copy of the advertisement to the Council for inspection within the time specified by the Council.
An advertisement relating to a practitioner’s practice or firm may state the area of practice engaged in by the practitioner or the firm.
A letterhead or stationery used by a practitioner or the practitioner’s firm for professional purposes shall contain one or more approved information pertaining to the practitioner or the practitioner’s firm.
9. Advertisements in legal and non-legal directory
(1) A practitioner may advertise the practitioner’s practice or firm—
(a) in any one or more of the legal or non-legal publications approved, in writing, by the Council;
(b) in any other publication whose appearance and contents are befitting the dignity of the legal profession; or
(c) in such other media as are permitted by these Rules.
(2) The advertisement referred to in subrule (1) shall contain only approved information.
(3) A practitioner who inserts an advertisement in a legal or non-legal directory under subrule (1) shall cause a record of the advertisement to be kept at the practitioner’s principal place of business for a period of 12 months from the date of its publication, and shall, upon being requested to do so by the Council, produce the record of the advertisement to the Council for inspection within the time specified by the Council.
(1) A practitioner shall display a nameplate on the outside of the premises at which the practitioner’s firm is located.
(2) The nameplate referred to in subrule (1) shall contain only approved information and shall be 90 centimetres by 60 centimetres.
A practitioner may cause the name and address of the practitioner’s firm to be listed in the directory of the building at which the firm is located.
(1) A practitioner may distribute the practitioner’s business card or permit the practitioner’s employees to distribute the business cards—
(a) in a discreet manner; and
(b) where it is proper for the practitioner to establish the practitioner’s professional identity.
(2) A practitioner shall not permit any other person who is not the practitioner’s employee to distribute the practitioner’s business cards on the practitioner’s behalf.
(3) The business cards referred to in subrule (1) shall contain only approved information.
13. Brochure, leaflet and pamphlet
(1) A practitioner may produce for distribution brochures, leaflets or pamphlets on the practitioner or the practitioner’s firm that contain approved information.
(2) The brochures, leaflets or pamphlets referred to in subrule (1) shall be distributed to—
(a) employees or practitioners practising in the firm;
(b) any client of the firm;
(c) any person making unsolicited and bona fide enquiries in relation to the professional services provided by the practitioner or practitioner’s firm; or
(d) any person with whom the practitioner has or may have professional dealings befitting the dignity of the legal profession.
(2) A brochure, leaflet or pamphlet relating to the practice of a practitioner or firm shall not be put on display in any other place except within the premises of that firm.
(3) A practitioner who produces and distributes a brochure, leaflet or pamphlet under subrule (1) shall cause a copy of the brochure, leaflet or pamphlet to be kept at the practitioner’s principal place of business for a period of 12 months from the date of its publication, and shall, upon being requested to do so by the Council, produce a copy of the brochure, leaflet or pamphlet to the Council for inspection within the time specified by the Council.
14. Journal, magazine and newsletter
(1) A practitioner may produce for distribution a journal, magazine or newsletter relating to the practice of the practitioner’s firm, which shall contain—
(a) approved information;
(b) law notes; or
(c) legal articles.
(2) The practitioner may distribute the journal, magazine or newsletter referred to in subrule (1) to—
(a) the employees or practitioners practising in the firm;
(b) any client of the firm;
(c) any person making unsolicited and bona fide enquiries in relation to the professional services provided by the practitioner or the firm; or
(d) any person with whom the practitioner has or may have professional dealings befitting the dignity of the legal profession.
(3) A journal, magazine or newsletter relating to the practice of a practitioner or firm shall not be put on display in any other place except within the premises of that firm.
(4) A practitioner who produces and distributes a journal, magazine or newsletter under subrule (1) shall cause a copy of the journal, magazine or newsletter to be kept at the principal place of business for a period of 12 months from the date of its publication and shall, upon being requested to do so by the Council, produce a copy of the journal, magazine or newsletter to the Council for inspection within the time specified by the Council.
(1) A practitioner may insert in any newspaper, newsletter or law journal, or send to the practitioner’s client or a person with whom the practitioner has professional dealings, a notice for the purpose of conveying information regarding—
(a) the commencement or dissolution of the practitioner’s practice;
(b) the merger or association of the practitioner’s practice with the practice of any other practitioner or firm;
(c) the opening of any new branch of the firm;
(d) the admission, withdrawal, retirement, termination or resignation of any practitioner to or from the firm, or the death of any practitioner practising in the firm;
(e) any change in the name, address or telephone numbers of the firm; or
(f) any other matters approved, in writing, by the Council.
(2) A practitioner may insert in any newspaper, newsletter or law journal a notice regarding a vacant position in the firm in a manner consistent with these Rules.
(3) A practitioner who advertises through a notice under subrule (1) or (2) shall cause a copy of the notice to be kept at the principal place of business for a period of 12 months from the date of its publication, and shall, upon being requested to do so by the Council, produce a copy of the notice to the Council for inspection within the time specified by the Council.
16. Interviews with press, radio and television
(1) A practitioner may, at the request of the press, radio, television or other media, consent to be interviewed in a professional or private capacity, but—
(a) the interview shall not be in relation to any matter or be given with such frequency; or
(b) at the interview nothing must be said or done by the practitioner; that may reasonably give rise, in the opinion of the Council, to an inference that the practitioner is attempting, through the interview, to advertise the practitioner’s practice or firm in a manner inconsistent with these Rules.
(2) A practitioner who is interviewed by the press, radio, television or other media shall not allow any information pertaining to the practitioner or the practitioner’s firm, except approved information, to be publicised.
17. Participation in seminars, conferences and other fora
(1) A practitioner may give public lectures or participate in seminars, conferences or fora and on such occasions the practitioner shall not say or do anything or cause anything to be done which may reasonably give rise to an inference that the practitioner is through the public lecture, seminar, conference or forum, advertising the practitioner’s practice or firm in a manner inconsistent with these Rules.
(2) A paper presented by a practitioner at any public lecture, seminar, conference or forum under subrule (1) may—
(a) be reproduced and distributed to the participants at the public lecture, seminar, conference or forum; or
(b) be distributed in accordance with rule 12 or 13.
(3) A paper presented under this rule shall contain approved information.
(1) A practitioner may, on any special occasion, send greeting cards to—
(a) a client of the firm; or
(b) a person with whom the practitioner has professional dealings.
(2) The greeting card referred to in subrule (1) may, apart from the message of the greeting, contain approved information.
(3) A practitioner shall not send greetings to any person for any occasion by publishing the greetings in any form in a newspaper, journal or other publication.
(1) Subject to subrule (2), a practitioner shall not permit or allow the practitioner’s practice or firm to be advertised through any person who is not the practitioner’s client.
(2) A practitioner or the practitioner’s firm may be named in—
(a) a client’s email address or website;
(b) the prospectus or annual report of a company that the practitioner is a client of; or
(c) any other document prepared by the practitioner’s client approved, in writing, by the Council.
(3) A practitioner shall not advertise or endorse the goods, products, projects of or services provided by any person whether or not such person is the practitioner’s client.
(4) An advertisement placed by a practitioner in any newspaper, journal or other publication on behalf of that practitioner’s client shall not contain any information pertaining to the practitioner or the practitioner’s firm, except—
(a) the name of the practitioner; and
(b) the name, address and telephone numbers of the firm.
20. Documents relating to property transaction
Where a practitioner who is acting for any person that is a party to a transaction for the sale and purchase or transfer of property prepares for the use of that person any document in relation to the transaction which will be available for inspection by the public, that document shall not contain any information pertaining to the practitioner or the practitioner’s firm, except—
(a) the name of the practitioner; and
(b) the name, address and telephone numbers of the practitioner’s firm.
21. Books, etc., written by practitioner
A practitioner who writes or contributes to the writing of—
(a) a book which is intended to be published; or
(b) a letter or an article which is intended to be published in any newspaper, journal or other publication;
shall state approved information in the book, newspaper, journal or other publication.
22. Advertising through electronic media, internet or website
(1) An advertisement placed in, stored in or transmitted through the electronic media or internet or placed on a website shall comply with these Rules.
(2) The advertisement referred to in subrule (1) shall—
(a) contain approved information regarding the practitioner or the practitioner’s firm;
(b) be stored by the practitioner for 12 months from the date of placement or transmission through the electronic media; and
(c) be available for inspection upon request by the Council or the Legal Practitioners’ Committee.
A practitioner may give free legal advice to the public or any section of the public by contributing an article or letter for publication in any newspaper, journal or other publication.
24. Practitioner’s responsibility in relation to advertisement concerning practitioner
(1) A practitioner shall, in so far as it is or should be within the practitioner’s control, ensure that any advertisement relating to the practitioner’s practice or firm is done in accordance with these Rules, whether such advertisement is done by the practitioner, the practitioner’s employee or any other person on the practitioner’s behalf.
(2) Where a practitioner becomes aware of any impropriety in any advertisement relating to the practitioner’s practice or firm, the practitioner shall endeavour to rectify or withdraw the advertisement, and shall at all times ensure that the Council is informed, in writing, as regards such matter.
(3) Where it appears to the Council that any advertisement relating to a practitioner’s practice or firm is contrary to these Rules, it may, without prejudice to its powers under the Act, after making due inquiry regarding the advertisement, order the practitioner or firm or both to alter, modify, withdraw, remove or discontinue the advertisement.
A practitioner who contravenes these Rules commits professional misconduct.
{/mprestriction}