Related documents
- Is amended by Legal Practitioners (Amendment) Act, 2006
- Is amended by Legal Practitioners (Amendment) Act, 2009
- Is amended by Legal Practitioners (Amendment) Act, 2014
Zambia
Legal Practitioners Act, 1973
Chapter 30
- Commenced on 23 March 1973
- [This is the version of this document from 24 March 2014.]
- [This legislation has been revised and consolidated by the Ministry of Legal Affairs of the Government of the Republic of Zambia. This version is up-to-date as at 31st December 1996.]
- [Amended by Legal Practitioners (Amendment) Act, 2006 (Act 14 of 2006) on 19 May 2006]
- [Amended by Legal Practitioners (Amendment) Act, 2009 (Act 17 of 2009) on 31 August 2009]
- [Amended by Legal Practitioners (Amendment) Act, 2014 (Act 1 of 2014) on 24 March 2014]
Part I – Preliminary
1. Short title
This Act may be cited as the Legal Practitioners Act.2. Interpretation
In this Act, unless the context otherwise requires—"Association" means the Law Association of Zambia established by the Law Association of Zambia Act;[Cap. 31]"client" includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, expressed or implied, to retain or employ, and retains or employs a practitioner and any person who is or may be liable to pay to a practitioner any costs;"the Compensation Fund" means the Compensation Fund to be established under the provisions of section forty;"contentious business" includes any business done by a practitioner in any court;"costs" includes fees, charges, disbursements, expenses and remuneration;"the Council" means the Council of the Association;"the Court" means the High Court;"the Disciplinary Committee" means the Disciplinary Committee to be established under the provisions of section four;"the Legal Practitioners Qualifying Examination" means the examination set by the Council of Legal Education, whereby qualification for admission as a practitioner may be granted pursuant to section eleven or twelve;"non-contentious business" means any business in which a practitioner is employed other than contentious business;"practice" means the practice of the profession of an advocate, and "practise" and "practising" shall be construed accordingly;"practising certificate" means a certificate issued by the Association under the provisions of section thirty-five;"practitioner" means a person who has been admitted to practice as an advocate under the provisions of this Act and whose name is duly entered on the Roll;"a practitioner of the prescribed standing" means a practitioner of not less than five years' standing in Zambia or such lesser period as the Council of Legal Education may, in any particular case, prescribe;"the Registrar" means the Registrar of the High Court;"the Remuneration Committee" means the committee to be established to deal with the remuneration of practitioners in accordance with the provisions of Part IX;"the Roll" means the list of practitioners kept in accordance with the provisions of this Act;"State Counsel for Zambia" means—(a)a person who attained the rank of Queen's Counsel for the former Protectorate of Northern Rhodesia; and(b)a person admitted to the Inner Bar of Zambia;"unqualified person" means a person who is not a practitioner and includes a practitioner who has not in force a practising certificate.3. Certain officers exempt from provisions of this Act
Part II – Disciplinary Committee
4. Establishment of a Disciplinary Committee
Part III – Admission and enrolment
5. Roll of practitioners
6. Qualification for admission as a legal practitioner
No person shall be admitted as a practitioner unless he is duly qualified in accordance with the provisions of section eleven or twelve.7. ***
[Repealed by Act No. 10 of 1996]8. ***
[Repealed by Act No. 10 of 1996]9. ***
[Repealed by Act No. 10 of 1996]10. ***
[Repealed by Act No. 10 of 1996]11. Professional and academic qualifications
12. Apprenticeship qualifications
13. Admission by the Chief Justice
13A. Undertaking as to requisite practical experience
14. Admission fee
Every person admitted as a practitioner under the provisions of section thirteen shall pay to the Association the sum of four hundred fee units.[As amended by Act No. 13 of 1994]15. Entry of name on Roll
The Registrar upon production of—16. Attorney-General, Solicitor-General and Director of Public Prosecutions to be appointed State Counsel for Zambia
17. Power of the President to appoint a State Counsel for Zambia and procedure for appointment
18. Limitation on appointments of State Counsel for Zambia
19. Qualification for appointment as a State Counsel for Zambia
20. Precedence of practitioners
Practitioners shall take precedence in the following order:21. ***
[Spent]Part IV – Removal from and restoration to the Roll
22. Removal from Roll and procedure of Disciplinary Committee
22A. Suspension of Legal Practitioner from practice
23. Rules governing Disciplinary Committee
24. Powers of Court under sections 22, 25, 27 and 28 to be exercised by two Judges
25. Consideration of report by Court
26. Representation by counsel
Both the Disciplinary Committee and the practitioner to whom the application relates may be legally represented before the Court.27. Reference of report back to Disciplinary Committee
The Court may, upon the consideration of any report, refer it back to the Disciplinary Committee for the elucidation of any particular point.28. Power of Court to deal with practitioner
29. Disciplinary powers of Court or Judge apart from inquiry by Disciplinary Committee
Nothing in this Act contained shall supersede, lessen or interfere with the powers vested in the Chief Justice or any of the Judges of the Court to deal with misconduct or offences by practitioners.30. Power of Registrar to draw up orders
Where an order has been made by the Court upon an application to remove from, or strike off, the Roll the name of a practitioner, or to require a practitioner to answer allegations contained in an affidavit, and has not been drawn up by the applicant within one week after it was made, the Registrar may cause the order to be drawn up, and all future proceedings thereon shall be taken as if the application had been made by the Registrar.31. Orders of Court to be noted on Roll
Where, in proceedings under or by virtue of this Act, any practitioner is admonished, or an order is made as to removing or striking his name from the Roll, as to suspending him from practice, or as to payment by him of a fine or costs, the Registrar shall cause a note of the effect of such admonition or order to be entered against the name of the practitioner on the Roll, and, where the order so directs, shall remove, or strike off, the name.32. Limitation of time for certain applications to strike names off Roll
Subject as hereinafter provided, no practitioner shall be liable to have his name struck off the Roll on account of any defect in his admission and enrolment, unless the application so to strike his name off the Roll is made within twelve months after the date of his enrolment:Provided that this section shall not apply to any case where fraud is proved to have been committed in connection with the admission or enrolment.33. Restoration to Roll
The Chief Justice may, if he thinks fit, either on his own initiative or on the recommendation of the Disciplinary Committee, at any time order the Registrar to replace on the Roll the name of a practitioner whose name has been removed from or struck off the Roll.34. Disciplinary powers as to clerks
Part V – Practising certificates
35. Association to issue practising certificates
It shall be the duty of the Association to issue, in accordance with the provisions of this Part, certificates in the prescribed form authorising the practitioners named therein to practise as advocates.36. Application for practising certificates
37. Discretion of Association to refuse certificate in special cases
38. Date and period of validity of practicing certificate
39. List published by Association to be prima facie evidence of practitioner holding certificate
Part VI – Compensation Fund
40. Compensation Fund
Part VII – Privileges, restrictions and offences in connection with practice
41. Qualifications for practising
42. Unqualified person not to act as an advocate
43. Penalty for pretending to be an advocate
Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is qualified or recognised by law as qualified to act as an advocate, or a Notary Public, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand penalty units or to a term of imprisonment not exceeding two years, or to both.[As amended by Act No. 13 of 1994]44. Offences by unqualified persons
Every unqualified person who, unless he proves that the act was not done for or in expectation of any fee, gain or reward—45. Instrument to be endorsed with name and address of drawer
Every person who draws or prepares any written document referred to in the last preceding section shall endorse or cause to be endorsed thereon his name and address; and any such person omitting so to do or falsely endorsing or causing to be endorsed any of the said requirements shall be liable to a fine not exceeding two hundred penalty units; and it shall not be lawful for the Registrar, the Registrar of Lands and Deeds or any other registering authority to accept or recognise any such instrument unless it purports to bear the name of the person who prepared it endorsed thereon:Provided that this section shall not apply to any public officer drawing or preparing any written document in the course of his public duty.[As amended by Act No. 13 of 1994]46. Penalty on unqualified person acting in preparation of papers for probate, etc.
Any unqualified person who, unless he proves that the act was not done for or in expectation of any fee, gain or reward, either directly or indirectly, or as an agent of any person other than a practitioner, takes instructions for or draws or prepares any papers on which to found or oppose a grant of probate or of letters of administration shall, without prejudice to any liability or disability to which he may be subject under any other section of this Act, or any other Act, be guilty of an offence and shall be liable on conviction to a fine not exceeding three thousand penalty units or to a term of imprisonment not exceeding two years, or to both.[As amended by Act No. 13 of 1994]47. No costs recoverable where unqualified person acts as advocate
No costs in respect of anything done by any unqualified person who acts as an advocate shall be recoverable in any action, suit or matter by any person whomsoever.48. Practitioner not to act as agent for unqualified person
49. Employment by practitioner of persons struck off Roll or suspended
50. Penalty on failure to disclose fact of having been struck off, etc.
51. Offences by bodies corporate
52. Offences by practitioners
No practitioner shall—53. Offences deemed professional misconduct
Any practitioner who contravenes any of the provisions of section fifty-two shall be deemed to be guilty of professional misconduct, and the Court may, in its discretion, either admonish such practitioner, or suspend him from practice, or cause his name to be struck off the Roll pursuant to section twenty-eight:Provided that—54. Saving as to employment of unqualified persons by qualified persons
Subject to the provisions of section forty-nine, nothing in this Act shall be deemed to prevent any practitioner from employing an unqualified person to do any work on his behalf, such as is ordinarily done by clerks or employees, subject to the following conditions:55. Restriction upon right to employ qualified persons who are not practitioners
No practitioner shall at any one time employ in his office in the capacity of an advocate more than two qualified persons who are not practitioners:Provided that a firm of practitioners, of which not less than two of the principals are practitioners of not less than five years' standing, may so employ not more than four qualified persons who are not practitioners.Part VIII – Keeping of accounts by practitioners
56. Interpretation
In this Part, unless the context otherwise requires—"client" means any person or body of persons, corporate or unincorporate, on whose behalf a practitioner in connection with his practice receives money;"practitioner" includes a practitioner acting as an agent, bailee, stakeholder, or in any capacity in connection with his practice.57. Practitioner's accounts
Every practitioner shall keep such books and accounts as may be necessary to show and distinguish in connection with his practice—58. Client's money to be paid into bank or building society
Every practitioner who holds or receives money on account of a client (save money hereinafter expressly exempted from the application of this section), shall without undue delay pay such money into a current or deposit account at a bank or into a deposit account at a building society, to be kept in the name of the practitioner in the title of which the word "client" shall appear (hereinafter referred to as "a client account"). Any practitioner may keep one client account or as many such accounts as he thinks fit:Provided that, when a practitioner receives a cheque or draft representing in part money belonging to the client and in part money due to the practitioner, he may, where practicable, divide the amount of the cheque or draft and pay to the client account that part only which represents money belonging to the client. In any other case he shall pay the whole of such cheque or draft into the client account.59. What money to be paid into client account
No money shall be paid into a client account other than—60. Withdrawing of money from client account
No money shall be drawn from a client account other than—61. What money need not be paid into client account
Sections fifty-eight, fifty-nine and sixty shall not apply to money which—62. Complaint in respect of practitioner's failure to comply with provisions
63. Evidence and deposit of costs before instituting inspection of accounts
Before instituting an inspection on a complaint made by a third person, the Disciplinary Committee shall require prima facie evidence that a ground of complaint exists, and may require the payment by such person to the Disciplinary Committee of a reasonable sum to be fixed by it to cover the costs of inspection and the costs of the practitioner against whom the complaint is made. The Disciplinary Committee may deal with any sum so paid in such manner as it thinks fit.64. Notice to practitioner: how made
Every requirement, authorisation and notification to be made or given by the Disciplinary Committee to a practitioner under this Part shall be made in writing under the hand of such person as may be appointed by the Disciplinary Committee for the purpose and left at or sent by registered post to the last address of the practitioner appearing in the Roll and, when so made and sent, shall be deemed to have been received by the practitioner within forty-eight hours of the time of posting.65. Penalty for breach of Part VIII
In addition to the powers conferred by section twenty-eight, the Court shall have the power to impose on a practitioner a fine not exceeding ten thousand penalty units in respect of any breach of the provisions of this Part.[As amended by Act No. 13 of 1994]66. Saving
Nothing in this Part shall deprive a practitioner of any recourse or right, whether by way of lien, set-off, counter-claim, charge or otherwise, against moneys standing to the credit of a client account.67. Relief to banks
68. Association may require production of practioner's books
69. Power of Association to deal with property of certain practitioners
Part IX – Remuneration of practitioners
70. Power to make general orders as to remuneration of practitioners
71. Scale of rates of commission and percentage
Any order made under section seventy in respect of non-contentious business may, as regards the mode of remuneration, prescribe that it shall be according to a scale of rates of commission or percentage, varying or not in different classes of business, or by a gross sum, or by a fixed sum for each document prepared or perused, without regard to length, or in any other mode, or partly in one mode and partly in another, and may regulate the amount of remuneration with reference to all or any of the following, among other considerations, that is to say:72. Security for payment of remuneration, and regulating interest
An order made in respect of non-contentious business may authorise and regulate—73. Taxation of bills of costs
As long as any order made as aforesaid is in operation, the taxation of bills of costs of practitioners shall, subject to the provisions of the next succeeding section with respect to agreements as to remuneration, be regulated by that order.74. Agreements with respect to remuneration for non-contentious business
75. Remuneration of practitioner who is a mortgagee
76. Power to make agreements as to remuneration for contentious business
Notwithstanding anything to the contrary in section seventy, a practitioner may make an agreement in writing with his client as to his remuneration in respect of any contentious business done or to be done by him, providing that he shall be remunerated either by a gross sum, or by salary, or otherwise.77. Miscellaneous provisions as to agreements with respect to costs of contentious business
78. In certain circumstances taxing officer may reduce amount payable under agreement
79. Death, incapability or change of practitioner, etc.
80. Agreement excludes taxation
Subject to the provisions of sections seventy-eight and seventy-nine, the costs of a practitioner in any case where an agreement has been made in pursuance of the provisions of section seventy-six shall not be subject to taxation, nor to the subsequent provisions of this Part with respect to the signing and delivery of a practitioner's bill.81. Miscellaneous provisions as to remuneration for contentious business
82. Power of Court to order practitioner to deliver his bill and to deliver up deeds
The jurisdiction of the Court to make orders for the delivery by a practitioner of a bill of costs and for the delivery up of, or otherwise in relation to, any deeds, documents or papers in his possession, custody or power, is hereby declared to extend to cases in which no business has been done by him in the Court.83. Action to recover practitioner's costs
84. Charging orders
Any court in which a practitioner has been employed to prosecute or defend any suit, matter or proceeding may at any time declare the practitioner entitled to a charge on the property recovered or preserved through his instrumentality for his taxed costs in reference to that suit, matter or proceeding, and may make such orders for the taxation of the said costs and for raising money to pay, or for paying, the said costs out of the said property as it thinks fit, and all conveyances and acts done to defeat, or operating to defeat, that charge shall, except in the case of a conveyance to a bona fide purchaser for value without notice, be void as against the practitioner:Provided that no order shall be made if the right to recover the costs is barred by limitation.Part X – Miscellaneous
85. Practitioners to be officers of the Court
Any person duly admitted as a practitioner shall be an officer of the Court and shall be subject to the jurisdiction thereof.86. Onus of proof
In any proceedings under the provisions of this Act, the onus of proving that an accused person is a practitioner or has been admitted to practice as a Notary Public shall lie with the defence.87. Payment of expenses of Disciplinary Committee
88. Authentication of regulations and other documents
All regulations, certificates, notices and other documents made or issued by any committee established under the provisions of this Act for any purpose whatsoever may be signed on behalf of such committee by such member or other person as the committee may for that purpose appoint.89. Rules of court
The Chief Justice may, by statutory instrument, make rules of court for the better carrying into effect of the provisions of this Act and in particular prescribing anything which by any of the said provisions is to be prescribed.90. General regulations
The Disciplinary Committee, with the concurrence of the Chief Justice, may for the purposes of this Act, by statutory instrument, make general regulations with respect to the following matters or any of them:91. Saving of other written laws
Nothing in this Act shall prejudice or affect the provisions of any Act or rules made thereunder, empowering any person, not being a practitioner, to conduct, defend or otherwise act in relation to any proceedings.92. Repeal and savings
History of this document
24 March 2014 this version
Amended by
Legal Practitioners (Amendment) Act, 2014
31 August 2009
19 May 2006
31 December 1996
Consolidation
Read this version
23 March 1973
Commenced
Cited documents 0
Documents citing this one 2
Judgment 2
1. | Folotiya v The law Association of Zambia (1975/HPA/19) [1976] ZMHC 4 (19 March 1976) | |
2. | In Re: Munungu; In Re: Legal Practitioner's Act (HP 1380 of 1982) [1983] ZMHC 2 (26 January 1983) |
Subsidiary legislation
Title
|
|
---|---|
Legal Practitioners (Publicity) Rules, 2017 | Statutory Instrument 23 of 2017 |
Legal Practitioners’ (Conveyancing and Non-Contentious Matters) (Costs) Order, 2017 | Statutory Instrument 7 of 2017 |
Legal Practitioners (Costs) Order, 2017 | Statutory Instrument 6 of 2017 |
Legal Practitioners (High Court) (Fixed Costs) Order, 2016 | Statutory Instrument 97 of 2016 |
Legal Practitioners (Costs) Order, 2001
Repealed
|
Statutory Instrument 9 of 2001 |
Practitioners' (Conveyancing and Non-Contentious Matters) (Costs) Order, 2000
Repealed
|
Statutory Instrument 8 of 2001 |
Legal Practitioners (High Court) (Fixed Costs) Order, 2000
Repealed
|
Statutory Instrument 6 of 2001 |