GOVERNMENT OF ZAMBIA

STATUTORY INSTRUMENT No. 51 OF 2002

The Legal Practitioners Act

(Laws, Volume 4, Cap. 30)

(S.I. No. 51) The Legal Practitioners’ Practice Rules, 2002

ARRANGEMENT OF RULES

PART I PRELIMINARY

Rules

1. Title and commencement

2. Interpretation

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
7. Fee sharing
8. Contingency fees
9. Claims from personal injury or death
10. Names used by a firm
11. Naming partners and staff
12. Professional Stationery
13. Location, Supervision and Management of an office
14. Client care

PART III PUBLICITY AND STATEMENTS ON CHARGES OR FEES

15. General principles

16. Unsolicited visits, telephone calls, touting and advertising
17. Statements as to charges
18. Directory headings
19. Addresses to court
20. Institutional publicity

PART IV INTRODUCTIONS AND REFERRALS

21. Application of part III

22. Professional independence
23. Introduction or referral of business to practitioners

PART V EMPLOYED LEGAL PRACTITIONERS

24. Application of part V

25. Conflict of interest
26. Independence of practitioner
27. Practising as an advocate or practitioner
28. Law centers, 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

32. Fundamental principles
33. Decision to accept brief from client
34. Withdraw from case
35. Conduct of work with client
36. Conduct of work at court
37. Communications with clients and third parties
38. Courtesy
39. Settlement outside court

PART VIII LEGAL PRACTIONERS HOLDING PUBLIC OFFICE

40. Ministers, Deputy Ministers, Attorney-General, Director of Public

Prosecutions, Solicitor-General or other positions

PART IX MISCELLANEOUS

41. Non compliance with rules

42. Suspension of practicing certificate

The Legal Practitioners Act

(Laws, Volume 4 Cap. 30)

Legal Practitioners Practice Rules, 2002

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

2. 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 practice as an

advocate under the provisions of the Act and whose name is duly entered on
the Roll. Interpretation

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.

(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. 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. (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. (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.

(2) A practitioner who works as a volunteer in a law center or advice service

operated by a charitable or similar non-commercial organization may pay to
the organization 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 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.

8. (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. (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.

10. (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 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.

(4) The following terms, used alone or in combination, shall be deemed to

indicate that a person is a practitioner holding a current practicing certificate:

(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.

(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. (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 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.

(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 alterative arrangements shall be made
without delay to ensure compliance.

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

Avoiding conflicts of interest in conveyancing property selling and mortgage

related services
Seller’s practitioner dealing with more than one prospective buyer

Fee sharing
Contingency fees

Claims from personal injury or death

Names used by firm
Naming partners and staff
Professional stationery
Location, supervision and management of an office
Client care

PART III PUBLICITY AND STATEMENTS ON CHARGES OR FEES

15. A practitioner shall not publicize or advertise the practitioners practice in

any manner except as provided under this Part.

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.

(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.

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.

(2) A legal practitioner shall not issue malicious, insulting or derogatory

statements against members of the judiciary.

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

Unsolicited visit, telephone calls, touting and advertising

Statement as to charges
Directory headings

Addresses to Court

Institutional publicity

PART IV INTRODUCTION AND REFERRALS

21. (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.

22. (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. (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. Application of Part IV

Professional independence
Introduction or referral of business to practitioners

PART V EMPLOYED LEGAL PRACTITIONERS

24. (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.

25. 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. 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. An employed practitioner shall practice as an advocate or practitioner only

where the following conditions are met:

(a) the practitioner holds a current practicing 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 practiced as a practitioner for a least three years.

28. A practitioner who is the employee of a law centre or advice service

operated by a charitable or similar non-commercial organization 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. Application of part V

Conflict of interest

Independence of practitioner
Practising as an advocate or practitioner

Law centers, charities and other non-commercial advice services

PART VI LEGAL PRACTITIONERS AND SEPARATE BUSINESS

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.

(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. In this part “separate business”, means business unrelated to the practice
of law. Safeguards in relation to separate businesses generally

Meaning of separate business

PART VII ADVOCACY, ETHICS AND ETIQUETTE

31. 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.

32. (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. (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.

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-

(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 authorize 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. (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 fulfill 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.

36. 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 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.

39. A practitioner shall encourage clients to reach a solution by settlement

outside court rather than start legal proceedings. Interpretation of part
VII

Fundamental ethics

Decision to accept brief from client

Withdraw from case
Conduct of work with client
Conduct of work at court

Communications with clients and third parties

Courtesy

Settlement outside court

PART VIII LEGAL PRACTITIONERS HOLDING PUBLIC OFFICE

40. (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 practicing
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. Minister, Deputy, Attorney-General
Director of Public of Public Prosecutions, Solicitor-General or other positions in
Government

PART IX MISCELLANEOUS

41. 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. 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

Suspension of practicing certificate

Supplement to the Republic of Zambia Government

Gazette dated the 26th July, 2002