Complaint handling.
The Association handles complaints from the public through its Legal
Practitioners Committee (LPC). The Law Association of Zambia (LAZ) Council,
in accordance with the Law Association of Zambia Act, Chapter 31 of the
Laws of Zambia, appoints Legal Practitioners Committee Members. Currently
the Committee comprises of the following: -
Convenor - Dr. J. B. Sakala, S.C., - Ndola
Honorary Secretary (Midlands) - Mr. Justin Chashi, -Lusaka
Honorary Secretary (Midlands) - Mrs. Nicola Ann Sharpe-Phiri, - Lusaka
Honorary Secretary (Copperbelt) - Mr. Enias Chulu, - Ndola
Honorary Secretary (Copperbelt) - Mr. Samuel Twumasi, - Kitwe
Members: - Mr. Chifumu Banda, SC., - Lusaka
- Mr. Abyudi James Shonga, - Lusaka
- Mr. Gregory Cornhill, - Lusaka
- Mr. Silas Mambwe, - Lusaka
- Mrs. Mwila Mwaba Lamba, - Kitwe
- Mr. Kabesha Mulilo, - Kabwe
- Prof. Patrick Mvunga, S.C., - Lusaka
Administrative Assistant - Ms. Sipelile Mwilwa
What kind of complaints does the Committee handle?
The Committee deals with complaints of alleged professional misconduct
against Legal Practitioners. Examples of professional misconduct cases
among others are: -
- Conflict of interest
- Poor communication between the Practitioner and his client
- Failing to account for monies received by the Practitioner on behalf
of or from the client
- Failing to execute or acting contrary to the clients instructions
and not taking written instructions from clients causing misunderstanding
between Practitioner and client.
- Complaints on alleged
unjustified bills for the services rendered not agreed upon by the
parties prior
to acting upon client’s instructions.
- Failure by Practitioner to hand back files to client after withdrawal
of instructions
- Alleged harassment from Practitioners where refund of monies and deposits
paid are requested for, when instructions are withdrawn by a client
- Complaints against Practitioner in respect of alleged unprofessional
language used to clients and fellow Practitioners
- Complaints on costs awarded and out of pocket expenses
COMPLAINT HANDLING PROCEDURE
If you have a complaint, which borders on professional misconduct, you
can lodge a formal-written complaint by way of an affidavit attaching
all relevant documentation in support of your complaint addressed to
the Honorary Secretary.
The Legal Practitioners Committee has a permanent office at the LAZ Secretariat
in Lusaka with an Administrative Assistant attending to complaints. On
the Copperbelt all complaints are to be lodged with the Honorary Secretary
(Copperbelt), Mr. Samuel Twumasi of Kitwe Chambers. To lodge a complaint,
there is a complaint-lodging fee of K50, 000.00.
If a Legal Practitioner is found to have misconducted himself or herself
unprofessionally the Committee may suspend the Legal Practitioner and
refer the matter to the LAZ Disciplinary Committee at the Ministry of
Justice. The Disciplinary Committee consists of the following members:
-
CHAIRMAN - Mr. Mumba Malila, S.C., Attorney General
VICE CHAIRMAN - Mr. Sunday B. Nkonde, S.C., Solicitor General
SECRETARY - Mr. Andrew Nkunika
MEMBERS: - Mr. Mwenya Lwatula, S.C
Mr. Michael Musonda
Mr. Albert Mark Wood
Mrs. Majorie G. Johnson-Mwenda
Mrs. Abha Nayar Patel
Upon the LAZ Disciplinary Committee establishing a prima-facie case against
a known Legal Practitioner, the Committee may impose sanctions they may
deem fit such as admonish, censure, suspend and/or recommend to the Chief
Justice to strike the Legal Practitioner off the Roll of Practitioners.