admin
Tinomuda Chakanyuka, Sunday News Reporter
CLAIMS of over $2 million are hanging on the Law Society of Zimbabwe (LSZ) as a result of theft, fraud, forgery and or dishonest practices by lawyers, amid proposals to tighten screws on law firms and legal practitioners.
According to the LSZ’s annual report for 2016, six law firms are culpable for the claims, casting a dark covering on the profession for which honesty is the cardinal rule with 60 lawyers having been fined for practicing without certificates.
The report also indicates that the Compensation Fund was in dire straits with $682 964 in its coffers, against possible claims amounting to $2 185 000.
Last year the fund was threatened with claims of about $3 million, with seven offending law firms.
LSZ administers a fund whose purpose is to compensate members of the public who would have incurred losses due to theft, fraud and other dishonest practices committed either by a registered legal practitioner or their employees.
De-registered Bulawayo law firm Cheda and Partners has the highest claim of $1million followed by Muchekeche and Partners whose claim stands at $900 000.
Tamuka Moyo Attorney’s claim stands at $149 000, Nyamushaya and Partners $100 000, James Mutsauki and Associates $35 000 and Gonese and Partners at $10 000.
Three firms, Tamuka Moyo Attorneys, Gonese and Partners, and James Mutsauki and Associates were placed under curatorship, while two firms D W Mhiribidi, and Hute and Partners continue on curatorship from last year.
Two firms were closed this year, namely Cheda and Partners, and Terera and Associates.
LSZ Compensation Fund chairman Mr Promise Ncube said the recurrent threats to the fund threatened self-regulation within the legal profession.
He outlined a raft of measures that may help to reduce the threats among them adoption of the Fidelity Guarantee and Professional Indemnity Insurance.
Mr Ncube also noted that the need for increased spot check on law firms as well as a possible review of the Legal Practitioners Act.
“Apart from the Fidelity Guarantee, the Fund is of the view that the following measures, inter alia, would reduce some of the threats. Increased spot checks by the Secretariat. This is a necessary evil though the Secretariat is currently overburdened,” he said.
Mr Ncube said emblezzment of Trust Funds by lawyers often stemmed from inadequate capital when one was starting a law firm, among other factors.
According to the report, the LSZ is seized with more than 600 new complaints against lawyers this year, with majority of the cases relating to disputes over money.
The LSZ is also battling to reduce backlog on complaints against lawyers, with over 1 000 cases dating back to 2012.
“Of those (complaints) received this year, about 180 were dealt with through mediation between parties.
“Complaints of abuse of trust funds are on the rise. Council’s position has always been that a penalty of de-registration will be sought against anyone guilty of the offence,” reads the report in part.
The report also read that more than 60 lawyers were charged this year for practicing without practising certificates.
According to the report, a total of 1 540 practicing certificates were issued this year representing a 15 percent increase in the number of lawyers in private practice.
Of the total practicing certificates issued this year, 538 were issued to legal practitioners as the number of female lawyers in private practice has increased more than half over the past couple of years.
As noted in the report, female legal practitioners in private practice now constitute 35 percent of the total membership, up from 13 percent three years ago.
The report further reveals that 200 new legal practitioners were admitted into the profession this year, with the numbers expected to continue increasing as more people are now obtaining the legal qualification.
@irielyan
Online Reporter