Allegations of lawyers’ professional misconduct continue to haunt the legal profession with new figures revealing that complaints have over the past year increased by 40 percent.
A Malawi Law Society (MLS) Disciplinary Committee Annual Report released yesterday indicates that 133 complaints were registered by the society in 2024/25 against 95 recorded in 2023/24.
During the period, according to the report presented during the society’s annual general meeting (AGM) and conference in Mangochi, the committee recommended the disbarment of two lawyers.
Embezzlement of clients’ funds, practising without licence, failure to hand over case files to clients, professional negligence and overcharging clients are some of the alleged crimes that topped the complaints list.
The complaints were referred to the committee through the society’s secretariat, the courts or the public under Section 91 of the Legal Education and Legal Practitioners Act (Lelpa).
The report says upon conducting the hearing in accordance with Section 10 of the Commission of Inquiry Act, once a legal practitioner is found guilty of a disciplinary offence, the committee imposed penalties under Section 96 of the Lelpa.
The penalties include admonishing or suspending a legal practitioner, resolving to recommend to the Chief Justice to strike a legal practitioner off the roll and also resolving to advise the Director of Public Prosecutions (DPP) to prosecute the lawyer.
“During the years 2024/25, the disciplinary committee convened nine times for both conduct meetings and disciplinary hearings. The committee handled a total of 26 conduct meetings and 15 disciplinary hearings.
“Out of the conduct meetings and disciplinary hearings, nine matters were dismissed, two legal practitioners were ordered to pay restitution, three legal practitioners were admonished, three legal practitioners were suspended
and two legal practitioners were recommended to the Chief Justice for disbarment,” reads the report presented by James Masumbu, a member of the committee.
In addition, the committee ordered eight legal practitioners to pay costs of the disciplinary proceedings in accordance with Section 96(2)(a) of the Lelpa.
A conduct meeting is a private preliminary hearing between the committee and a lawyer to inform him or her about the conduct that has resulted in the complaint and also to ensure that the practitioner has greater understanding of the consequences of their actions.
However, according to the report, there are a number of matters involving the committee emanating from its decisions that are before the courts.
The matters, which are at different stages, are against the committee’s recommendations to strike some legal practitioners off the roll and judicial review of decisions of the committee, among others.
While some cases were already heard and decisions delivered by the High Court, others were just concluded and are awaiting the judgment of the court and some are awaiting dates of hearing.
But Masumbu indicated the committee encountered several challenges among them delays by the courts in handling matters filed by the committee and failure by some members to understand the distinct roles of the committee and the secretariat
“The committee observed there were delays in concluding some disciplinary matters that were before the courts due to failure by the courts to assign dates or deliver pending judgements or rulings. This included the delays to assign dates or deliver decisions on the recommendations to the Chief Justice by the committee to strike legal practitioners off the roll. The committee observed that one matter has been awaiting judgement for almost two years,” reads the report.
In his 2023/25 report, outgoing MLS president Patrick Mpaka said the 10 years under the society’s collective dream contained in its strategic plan are critical to defining legal practitioners, their role as a profession and its future under the law.
“It is about how we each sacrifice a little bit of our self-interest and come together with other people to govern ourselves. What this report actually shows is that together we can, in no time, make MLS, the most respected legal service professional body of female and male lawyers who make Malawi rule of law compliant and do so with integrity, competence and transparency,” he said.
Commenting on the issues, governance commentator Moses Mkandawire said the increase in complaints against the lawyers may be as a result of awareness among the public who are able to appreciate the importance of their rights and the right to claim or complain.
“It would also mean there is more abuse of lawyers who are victimising the clients. Honesty and integrity is waning away among many lawyers. It could also mean the citizens are developing more confidence and trust in Malawi Law Society that their complaints would be addressed and are more receptive,” he said.
Mkandawire, however, stated MLS needed to do more in ensuring their members operate based on the rules and regulations governing the conduct of lawyers so that they are more of a service to their clients than just rent seekers.
He said: “They ought to contribute to improving access to justice among the poor people. Integrity is more critical in this regard and the new leadership must put in place strong mechanisms of improving the operational system and structures of such a body and it ought to be enforcing such rules.”
Also commenting on the issue, Ministry of Justice spokesperson Frank Namangale said the ministry acknowledges the increase in complaints against legal practitioners, but remains committed to upholding the highest standards of professionalism and integrity within the legal profession.
“The ministry will continue to collaborate with MLS and other stakeholders to ensure that mechanisms for addressing complaints are effective, transparent, and accessible to the public.
“We also encourage all parties to utilise established channels for resolving grievances, as this is essential for maintaining trust in the justice system,” he said.
