Legal Practitioners Practice Rules (SI 51 of 2002)
Legal Practitioners Practice Rules (SI 51 of 2002)
ARRANGEMENT OF RULES
PART I PRELIMINARY
Rules
PART II GENERAL
PART IX MISCELLANEOUS
IN EXERCISE of the powers contained in section ninety of the Act and with the
concurrence of the Chief Justice, the following Rules are hereby made:
1. (1) These Rules may be cited as the Legal Practitioners Practice Rules, 2002.
(2) These rules shall come into operation on the expiration of thirty days from
the date of publication of these Rules. Title and commencement
PART I PRELIMINARY
“firm” means a business concern for the practice of the profession as a legal
practitioner and includes a sole practitioner; and
PART II GENERAL
3. (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.
(c) the practitioner’s duty to act in the best interest of the client;
5. (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-
(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:
(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. (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 authorize 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.
7. (1) A practitioner shall not share or agree to share the professional fees with
any unqualified person.
(3) A practitioner shall not enter into partnership with any person other than a
practitioner who is qualified to practice in his or her own behalf.
(4) A practitioner shall not practice through any body corporate, except as
provided under part V of these Rules.
(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. (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.
(a) is misleading; or
(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.
(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:
(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 twelve months from the date of commencement of these Rules change
the firm name in compliance with this rule.
11. (1) The names and status of practitioners practicing 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.
(a) associate;
(b) assistance; or
(c) consultant
12. (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.
(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.
(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;
(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 practiced
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.
14. 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. Application and basic principles of practice
Introductions and referrals generally
Fee sharing
Contingency fees
16. (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.
17. (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.
Provided that this rule shall not apply to articles appearing in the legal press.
(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.
18. 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.
19. (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.
20. 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. General principles
Statement as to charges
Directory headings
Addresses to Court
Institutional publicity
(2) This part does not apply to introductions and referrals between
practitioners and lawyers of other jurisdictions.
23. (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.
(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.
Professional independence
Introduction or referral of business to practitioners
(c) the practitioner has practiced as a practitioner for a least three years.
Conflict of interest
Independence of practitioner
Practising as an advocate or practitioner
29. (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.
(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. In this part “separate business”, means business unrelated to the practice
of law. Safeguards in relation to separate businesses generally
“Court” means-
(a) any Court of record, the Supreme Court, the high Court, Industrial
Relations Court and Subordinate Courts;
(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.
(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;
(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. (1) A practitioner shall not accept any brief if to do so would cause the
practitioner to be professionally embarrassed under the following
circumstances
(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;
(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.
34. (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-
(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;
(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.
(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.
(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 fulfill any other professional engagement which the
practitioner has accepted.
(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:
(a) Shall be personally responsible for the conduct and presentation of the
client’s case and shall exercise personal judgment 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. (1) A practitioner shall only communicate with the client or authorized
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.
38. A practitioner shall treat professional colleagues with the utmost courtesy
and fairness in relation to court matters or any other professional business or
dealings.
Fundamental ethics
Courtesy
(2) Sub rule (1) and (2) shall apply mutatis mutandis to a practitioner
appointed to any office in the Government. Minister, Deputy, Attorney-General
Director of Public of Public Prosecutions, Solicitor-General or other positions in
Government
PART IX MISCELLANEOUS
42. The legal Practitioner Committee, may where it considers fit, suspend the
practicing 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. Non-compliance with Rules