The Law Society of Zimbabwe By-laws, 1982

The Law Society of Zimbabwe By-laws, 1982

ARRANGEMENT OF BY-LAWS
By-law
1. Title.
PART I
INTERPRETATION
2. Definitions.
3. Rules for Interpretation.
PART VII
LEGAL PRACTITIONERS
56. Register of legal practitioners to be kept.
57. Particulars of register.
58. Particulars to be provided by legal practitioners.
59. Penalties for failure to comply with by-law 58.
PART VIII
COMPLAINTS AND INVESTIGATIONS
60. Composition of disciplinary committee.
61. Complaints.
62. Action by disciplinary committee.
63. Action by Council.
64. Disqualification of councillors.
65. Powers of Council where its communications are ignored.
66. Legal assistant’s employer to be informed of any complaint or investigation.
67. Council’s right to apply for Disciplinary Tribunal inquiry without investigation.
67A. Duty of legal practitioners to notify Secretary of special orders of costs made against them.
PART IX
CHARGES AND COMMISSIONS FOR PROFESSIONAL SERVICES
68. Charges to be fair and reasonable.
69. Tariffs.
70. Commission on collection of debts.
PART IXA
BOOKKEEPING
70A. Interpretation in Part IXA.
70B. Monthly trust account balances.
70C. Balancing of books of account.
70D. Notification to Council of details re trust accounts.
70E. Accounting to clients.
70F. Deposits into and payments from trust accounts to be made promptly.
70G. Fees and disbursements to be debited promptly.
70H. Trust cheques.
70I. Trust shortfalls.
70J. Transfers from trust to other accounts.
PART IXB
PRACTISING CERTIFICATES
71A. Applications for practising certificates.
71B. Contributions.
71C. Audit certificate.
71D. Form of practising certificates.
PART X
MISCELLANEOUS
71. Office of the Society.
72. Staff.
73. Legal proceedings.
74. Use of Society’s property.
75. Power of Council to investigate a contravention of section 23(1)(i) of the Act.
76. Notices.
77. Interest on trust money.
78. Repeals (omitted)
FIRST SCHEDULE: Forms.
SECOND SCHEDULE: Repeals (Omitted)
IT is hereby notified that the Minister of Justice has, in terms of section 47 of the Legal Practitioners Act, 1981, approved the following by-laws adopted by a majority of members present at a general meeting of the Law Society of Zimbabwe:–
Title
1. These by-laws may be cited as the Law Society of Zimbabwe By-laws, 1982.
PART I
INTERPRETATION
Definitions
2. In these by-laws—
“auditor” means a person or firm appointed by the Society to act as its auditors for the time being, and includes any qualified representative of that person or firm;
“Compensation Fund” means the Law Society Compensation Fund referred to in section 48 of the Act;
“firm’s auditor” means an accountant registered in terms of the Accountants Act [Chapter 215] and engaged by a legal practitioner to provide an audit certificate referred to in section 71C;
[Definition inserted by by-law 2 of SI 24/1990]
“form” means the appropriate form set out in the First Schedule;
“legal assistant” means an articled clerk as defined in section 2 of the repealed Attorneys, Notaries and Conveyancers Act [Chapter 218] or [a] person who is undergoing, or has undergone, any practical training prescribed as a qualification for registration as a legal practitioner, but who has not yet been registered as a legal practitioner;
“legal practitioner” means a person duly registered in terms of the Act;
“president” means the president for the time being of the Society, and includes any deputy or person temporarily fulfilling the duties of that office;
“private practice” means the practice of law by a legal practitioner on his own account or in partnership with one or more legal practitioners or in the employ of a legal practitioner in private practice;
“Secretary” means the secretary or any assistant secretary for the time being of the Society, and includes any deputy or person temporarily fulfilling the duties of that office;
“vice-president” means the vice-president for the time being of the Society, and includes any deputy or person temporarily fulfilling the duties of that office.
Rules for interpretation
3.(1) In case of doubt as to the meaning of any of these by-laws, the interpretation of the Council shall be binding on all legal practitioners.
(2) The Council may decide and act as it may think proper in any matter not provided for in these by-laws.
(3) Where any duties are placed upon the president in terms of these by-laws, in the event of his absence or incapacity to act, the same shall be discharged by the vice-president or, should he also be absent or unable to act, by a councillor appointed by the Council.
…
PART VII
LEGAL PRACTITIONERS
Register of legal practitioners to be kept
56. A register of legal practitioners, in such form as may be determined by the Council, shall be kept by the Secretary at the office of the Society, in which shall be maintained, in the first part thereof, the hereinafter prescribed particulars of legal practitioners who are members of the Society, and