CASES IN ETHICS AND PROFESSIONAL CONDUCT Kuta Chambers -vs- Sibulo (2015) 3 ZR 191. —Contingency fees illegal. —Practitioner can not ask his successful client who has been awarded costs to pay his costs. Parmar & Another -vs- Radian Stores Limited and Another (20015) 1 ZR 228. ~Acting against former client undesirable. Fratelli Locci Limited -vs- Messrs MSK Advocates (2014) 1 ZR 418. —Bill of Costs for work done should disclose time spent to enable client See what he is paying for. Ellis and Company and Another -vs- AMDAC (2013) 3 ZR 83. —Whether unqualified person is permitted to participate in sharing legal fees, —Whether success fee is permitted by the Legal Practitioners Practice Rules. JCN Holdings Limited and others -vs- Development Bank of Zambia (2013) 3 ZR 299, —Counsel showing grave disrespect for a constitutionally constituted court. Hotelier Limited and Another -vs- Finsbury Investments Limited (2012) 2 ZR 220. —Whether legal practitioners are Permitted to communicate with a party that is represented or take instructions against former clients. (Also see10. ll. 12. 13. Development Bank of Zambia _-vs-_JCN Holdings Limited _and_others (2012) 3 ZR 132). Yousuf -vs- Mahtani Group of Companies and others (2011) 1 ZR 278 —Whether a legal practitioner can practice law independent of a firm name. Sawekema -vs- Ng’ambi and Another (2011) 2 ZR 143. —Need for Counsel to promote and protect clients interests fearlessly but with professional courtesy. Bwalya -vs- Zulu and others (2010) 3 2R 35. —Duty of lawyer to advice client on points of law. Chilembo and Company -vs- Zambia National Commercial Bank Plc (2010) 3 119. —Whether lawyer is retained as debt collector or as legal practitioner. Permanent Chambers -vs- Ichaki and others (2010) 3 271. —Whether retainer needs to be reduced in writing, —also whether a party is prejudiced by the court’s failure to consider submissions filed. Sawekema -vs- Ngambi and Another (HC) (2010) 2 zr 44. —Counsel’s duty of care when attending to client’s matters. Kelvin Hang’andu -vs- Mulubisha (2008) 2 ZR 82. —Court can report a legal practitioner to Law Association of Zambia for investigations to determine whether Counsel's conduct amounts to professional misconduct.4, 15. 16. 17, 18. 13. 20. aie a2, Chitambo -vs- Mutisa (2007) ZR 242. —Power of court to discipline Counsel. Folotiya -vs- Law Association of Zambia (1976) ZR 33. —Need for expeditious disposal of an application for issue of a practicing certificate. Shell and BP Zambia Limited -vs- Conidaris and others (1974) ZR 354. —Undesirability of Counsel swearing affidavit containing hearsay evidence. Chikuta -vs- Chipata Rural Counsil (1974) ZR 303 —Undesirability of Counsel to swear affidavits. INDECO Development Company -vs- Marshall Chambers (2002) ZR 16. —Instructing client liable to pay lawyer's fees. Simeza, Sangwa and Associates -vs- Zambia Institute of Mass Communications Council (1998) ZR 28. —Whether client's account earns interest. —Monies in the clients account are not traceable to a specific client. Kayoba and Another -vs- Ngulube and Another (2003) ZR 132. —Duty of a lawyer to protect the dignity and credibility of the legal profession. M(A Practitioner) -vs- Law Association of Zambia (2000) ZR 88. —Propriety of Suspension of Practising Certificate. —A member of the public with sufficient facts may lodge a complaint against a legal practitioner. Zambia National Commercial Bank Limited -vs- Mhone (ZR) 138.23 24. 25. 26 27. 28. LE —Public expected to repose trust and confidence in the legal profession. Mbalaala B. Mununga and The Legal Practitioners Act (1990/92) ZR 159. —Basis for restoration to the Roll. —(See also (1983) ZR 48 regarding conviction and striking off the roll). Attorney-General -vs- Achiume (1983) ZR 1. —Does Counsel have the right to be present in examination room while a doctor examines the client for drunkness-Counsel has no right to attend examination since he has no useful role to play. Council of Legal Education -vs- Sokoni (1986) ZR 4 1. —Student Rules. Revocation of student enrolment. Mvula -vs- The People (1963/4) NR L.R 171 —Duty of defence Counsel to produce evidence to support allegations during cross examination of police brutality. The People -vs- Shamwana and others (1982) ZR 123. —Extent of duty of care in the lawyer/client relationship. The Legal Practitioners’ Act, Ex-parte Legal Practitioners Committee of the Law Association of Zambia. —Profit costs are for the lawyer. They are not to be shared with client. Access Financial Services Limited and Access Leasing Limited and The Implementation of the Liquidation Schedule (By Bank of Zambia) Appeal No. 104/2013 —Public policy considerations in determining whether or not Counsel's communication to client is privileged.30. ST 32. 33. 34, 35. Masiye Motels Limited -vs- Rescue Shoulders and Estates Agency Limited (2010) 3 ZR 337. —Counsel’s duty to refrain from insulting the court. Zulu -vs- The People (1990/2) ZR 62. —Counsel’s duty to refrain from making allegations of bias against the Judge even if so instructed by the client. —(See also John Kasanga -vs- Mumba and others (2006) ZR 7. Mabuye (George Malachi) -vs- Council of Legal Education (1985) ZR10. —The overriding criteria for fitness to practice is intergrity. Harry Chinene -vs- Aon Zambia Limited and Two Others - Appeal No. 217/2015. — Counsel’s duty to avoid conflict of interest by desisting from acting against former client (employer). Grace Chima Chaila -vs- Phillip Kafusha Chibundi T/A Chibundi & Co. 2015/HPC/0336 (Ruling). — Accusing the Judge of bias without evidence amounts to professional misconduct. Savenda Management Services Limited -vs- Stanbic Bank Zambia Limited and Gregory Chifire, selected Judgment No. 47 of 2018. —Counsel has overriding duty to the court.