Some lawyers blamed for short-changing clients
Some legal practitioners charge clients more than the Malawi Law Society (MLS) recommended 25 percent in fees for personal injury cases.
The revelation comes amid an ever-growing increase in personal injury matters, resulting mainly from road traffic accidents and workplace injuries.
According to a MLS 2023/24 Disciplinary Committee Annual Report, the committee continues to observe the trend by some legal practitioners, which is contrary to Chapter 14 Rule Three of the society’s Code of Ethics.
The said rule three as amended by resolution number MLS/AGM/202002/09 stipulates that party-and-party costs are for clients if they have paid deposit to the lawyer, and if not, the lawyer is entitled to 25 percent contingency fee plus party and-party costs.
Party-and-party costs are when an unsuccessful client is ordered to pay the costs to the winning party. These are costs incurred during the process of running the case such as transport, airtime, accommodation and filing fees.
But in an interview, MLS Disciplinary Committee chairperson Allison M’bang’ombe, who is also Secretary for Justice and Solicitor General, said the society, like any other professional body, has members who may ignore the set minimum standards.
However, M’bang’ombe, who commented on the matter through Ministry of Justice spokesperson Frank Namangale, said his committee ensures that complaints on professional misconduct are processed fairly and objectively and that appropriate sanctions are imposed for the violation of the minimum professional standards.
“The Disciplinary Committee utilises the reports it submits to members and the continuous professional development trainings that the MLS organises for its members to share relevant information about discipline and disciplinary procedures and to remind members about the responsibilities imposed on them by the Legal Education and Legal Practitioners Act, 2017, the Code of Ethics and the MLS Rules,” he said.
M’bang’ombe further said his committee commits to enforcing minimum standards and code of ethics for the legal practitioners in line with its mandate.
But human and social rights advocate Gift Trapence observed that most clients suffer because of information gap from the lawyers.
He said: “This disregard of the 25 percent fee by lawyers has resulted in many Malawians not having their right to fair compensation. Some have even failed to enjoy their right to health after receiving little compensation, not enough to seek private medical care.
“This has also hampered the right to economic activity because they are deprived of receiving what is due to them. Malawi Law Society and the civil society need to raise awareness among the masses about the code of ethics.”
On his part, Catholic Commission for Justice and Peace (CCJP) national coordinator Boniface Chibwana said, in an interview that the lawyers’ conduct [to charge more than 25 percent] impacts on the justice delivery system and the rights of individuals.
He said while the conduct violates MLS code of ethics, which explicitly limits such fees to ensure fairness and accessibility, it also undermines public trust in the legal profession.
“The Malawi judicial system is being abused to the benefit of a few. The challenge is acknowledged. This is just one of the problems.
“Excessive fees undermine public trust in the legal profession and create significant barriers for those seeking justice, particularly disadvantaged individuals who may already be facing financial strain due to their injuries,” said Chibwana.
He observed that for citizens, particularly the vulnerable and marginalised, such exploitative practices by the lawyers exacerbate their financial hardships and reduce the compensation meant to alleviate their suffering.
Chibwana also noted that high legal fees deter many injured citizens from pursuing legitimate claims, effectively denying them their right to legal redress and perpetuating inequality within the justice system.
“Adhering to the society’s code of ethics is crucial to maintaining public confidence in the legal system, ensuring that justice is accessible to all, and protecting the rights of individuals seeking redress for personal injuries.
“Ensuring ethical compliance among legal practitioners will help preserve the integrity and fairness of Malawi’s justice delivery system,” he said.
According to sources within the industry, most lawyers take advantage of their clients, who rarely question how their compensation is handled upon successful litigation, resulting in being charged as much as 40 or even 50 percent in certain instances.
The issue of over-charging and swindling of clients’ money is one of the common complaints lodged at MLS by clients who challenge the legal bills they are invoiced or the compensation.
According to statistics from MLS Disciplinary Committee, between March 2023 and February this year, the committee registered 95 cases, which represented a 3.3 percent increase compared to the previous period.
Of the 95 complaints, the highest recorded cases were 29 which relate to failure by the lawyers to update their clients, follwed by embezzlement and professional negligence, which had 23 complaints each.
