MLS reports 20% drop in clients’ complaints

Malawi Law Society (MLS) says issues of professional misconduct among its members declined during the past year from 115 cases to 92.

According to MLS end of term report for the period 2021-2023 presented during the society’s Annual General Meeting (AGM) and conference in Mangochi at the weekend, the figures represent a 20 percent decrease in the number of complaints received between March 2022 and February 2023.

However, the society had a total of 223 complaints on its shelf during the reporting year because 113 cases were brought forward from the previous year.

Out of the 223 compaints, the society completed 112 complaints at various stages of the complaint handling as well as disciplinary process, representing 50.2 percent. Cumulatively, MLS had 111 active complaints as at the time of reporting.

During the year, the MLS disciplinary committee convened five times for both conduct meetings as well as disciplinary hearings from March 2022 to February 2023.

Reads in part the report signed by committee chairperson Allison M’bang’ombe: “The committee handled a total of 62 matters, 47 conduct meetings and 15 disciplinary hearings. The 15 disciplinary hearings were against 11 legal practitioners.”

From the 11 errant lawyers, two were suspended each for a period of six months, two admonished, one fined, three referred to the Director of Public Prosecutions (DPP) for criminal prosecution and were also recommended for disbarment.

There were also two legal practitioners who were ordered to pay restitution failing which they would be referred to the DPP for criminal prosecution. They both paid. 

In addition, the committee ordered restitution in 12 matters, shared among 10 legal practitioners, in the total sum of K144 993 097.33.

Of the ordered amount, the concerned lawyers have only paid K9 406 277.11 which the MLS has already remitted to the complainants, leaving a balance of K135 586 820.22. The amount paid represents just 5.3 percent of the total amount.

Two other legal practitioners were ordered to pay penalties to MLS amounting to K515 985.42 and as of the reporting period, only one had paid K50 000, according to the report.

Commenting on issues of indiscipline among lawyers, Attorney General Thabo Chakaka Nyirenda in an interview appealed to the legal practitioners to refrain from getting involved in the embezzlement of clients’ funds or any other unethical conduct.

Over 500 lawyers from across the country attended this year’s two-day AGM and conference under the theme ‘Beyond rhetoric and impunity: Law, governance and economic transformation’.