PART 1: Note I

Note 2

EXPLANATORY MEMORANDUM AND DIRECTIONS

Legal practitioners are professionally and legally obliged to charge fees for legal work which are fair and reasonable in all the circumstances. In order to assist the profession and the public in this regard and to seek a degree of uniformity and consistency, this tariff is recommended by the Council of the Law Society of Zimbabwe for application to all legal work undertaken by legal practitioners, save where some other tariff is applied by law or where the client has agreed to some other rate or basis of charging. Thus party and party fees in civil litigation, conveyancing fees, collection commissions and deceased estate administration fees are not covered by this tariff whereas legal practitioner and client fees in civil litigation and fees for criminal and general non-litigious work are covered.

The recommended ranges are to be regarded as the ordinary fees

chargeable for work of the type described. If one or more of the following five special criteria are present then the rate customarily selected by the legal practitioner within his or her experience category may be increased by premiums where appropriate, in accordance with Notes 5 and 6. The criteria which would place a matter outside the ordinary and justify a higher rate occur where;

2.1       the matter is complex or the questions raised are difficult or novel;

2.2 specialised knowledge, skill and/or responsibility are required the legal practitioner;

2.3      the place where or the circumstances in which the business is transacted are unusual or difficult;

2.4 the amount or value of the money or property involved is particularly high; and/or

2.5     the matter is of particular importance to the client.

Note 4

Note 5

Note 6

Where a legal practitioner intends to charge fees on a basis which is different from that which is set out in this recommended tariff, it is essential that the client be informed in advance and that the client's prior agreement to this should be obtained. It is preferable to record such agreement in writing. The Council will regard any rate which is higher than the upper margin of the recommended range as materially different.

The ranges of hourly fees recommended in this tariff are designed to take into account both the varying levels of experience of practitioners and their varying costs of practice. Legal practitioners are entitled to charge rates which are at the lower or upper margins or anywhere in between these margins. Thus a simple non-commercial matter handled by a newlyregistered practitioner paying a relatively low rent in a small town is unlikely to justify any more than a rate at the lower margin of his or her applicable range while a complicated international commercial transaction handled by a senior partner of a large city firm who has been in practice for 20 years or more is likely to merit a fee charged at a rate at the upper margin of his or her applicable range (before the premium resulting from any special criteria is added).

The maximum premiums which may be added to a legal practitioner's

Note 8

Note 9

Note 10

Note 11

Where a legal practitioner performs work on instructions emanating from outside Zimbabwe, he or she shall be entitled both to charge a fee similar to that which would be charged by a legal practitioner of comparable experience and ability in the country from which the work emanates and to charge such fee in the currency of that country, provided always that the provisions of the exchange control and any other applicable regulations are observed.

As illustrations of an ordinary fee and a fee to which a premium is added, a legal practitioner of 17 years' experience who prepares an Agreement in April 2021 could legitimately charge the following hourly rates:

9.1       If the Agreement is not particularly complex and the value of the transaction is not particularly high, a fee of ZWL 20 400.00 per hour.

9.2 If the Agreement is complex and the value of the transaction is very considerable, as a result of which the maximum premium of 50% for special criteria can legitimately be charged, a rate of ZWL 34 425.00 per hour, calculated as follows:

Upper margin of hourly range for April 2021       ZWL 22 950.00

Add 50% premium                                                ZWL 11 475.00

ZWL 34 425.00

Although hourly rates are recommended, a legal practitioner is expected to divide these up in such smaller units of time spent as are convenient to his or her practice and the type of work concerned. No unit of more than 5 or 6 minutes is likely to be accepted as being reasonable.

It is most desirable to maintain file notes of all attendances which show the

Note 13

Note 14

Note 15

Note 16

Note 17

Unless agreed otherwise with the client, a fee for the investment and administration of trust funds shall not exceed 5% of the gross interest earned.

The fees recommended by the Council do not take value added tax into account: it should be added.

In addition to fees, the client may also be charged for;

15.1photocopies, machine-duplicated copies and computer-printed copies, at the rate of ZWLS42.50 per page;

15.2faxes sent, at a rate equivalent to the cost of the telephone call involved plus the photocopying cost of the number of pages; 15.3 trunk and mobile telephone calls made, at cost;

15.4 revenue stamps, Deputy Sheriff's and Messenger of Court's fees and all other disbursements, at cost;

15.5coIIection commission, where applicable, at the prescribed rate.

A standard disbursement entry in an account for "stationery, postage and petties" is permissible, provided that it is appropriate (which would not be the case where little or nothing was actually spent by the legal practitioner on the items in question) and further provided that it shall not exceed 2% of the total fee charged in the account.

The Council of the Society will review the tariff periodically going

LEASE AGREEMENT

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