Fake lawyers making a killing

Is your lawyer really qualified or licensed?

Well, you might need to check again.

The number of people falling victim to bogus lawyers continues to rise by the day.

There are even cases where deregistered lawyers are continuing to represent clients. This comes at a heavy cost for the unsuspecting public.

Beaven Chipunza, aged 33, was recently arrested for masquerading as a lawyer and representing a client who had been charged with unlawful possession of dangerous drugs.

Chipunza is said to have identified himself in court as a lawyer but failed to produce a practising certificate.

Prior to that, he had also appeared before another magistrate representing a different client. Law Society of Zimbabwe (LSZ), which is mandated with registering and regulating lawyers, is currently seized with such cases.

"We have been getting a lot of anecdotal information regarding these cases of late, especially at the Rotten Row and Simon Muzenda courts," said LSZ executive secretary Edward Mapara.

Apparently, it is not easy to distinguish between a bogus and genuine legal practitioner. It seems the fakers have mastered the art of legal language and legalese such that they can effortlessly masquerade as legal practitioners.

They often bait their clients using attractively low charges. Milling around courts assures them of reeling in prospective clients. After collecting money from their victims, they either vanish into thin air or start shifting goalposts.

"I met a gentleman who said he was a lawyer at the courts. We engaged him to do all the paperwork to represent my brother in a case that was before the courts. However, soon after making the necessary payments, he became elusive until we were left with no option but to engage another lawyer," said a woman who only identified herself as Edna.

After a spirited follow-up to recover the US$700 she had lost, Edna discovered that the lawyer had, in fact, been deregistered by the LSZ in 2020 for unprofessional conduct. Police say the public needs to be cautious.

"We have cases where members of the public have been scammed by criminals posing as lawyers, although figures are not readily available. The public should watch out for these criminals. They need to do the necessary background checks and verification before they engage them," said police spokesperson Assistant Commissioner Paul Nyathi.

Deregistered

Currently, there are at least 2 000 lawyers registered with the LSZ.

However, about 60 have been deregistered since 2017 for various acts of misconduct.

Of the figure, nine were deregistered last year, which was the highest annual figure in the past six years.

But some of the deregistered lawyers continue to frequent the courts and find their way into unsuspecting clients' pockets.

When a complaint is filed against a registered lawyer, LSZ conducts investigations.

If a decision is made that the lawyer should be charged with breaking the Legal Practitioners Act, the LSZ's disciplinary tribunal convenes.

At the tribunal, there should be at least one judge and selected members of the disciplinary committee.

In the event that the tribunal agrees to deregister the lawyer, the LSK writes to the Judicial Service Commission.

"Bogus lawyers are the reason behind corruption at the courts and something needs to be done. The danger of dealing with bogus lawyers is that the law society cannot intervene when something goes wrong since they only regulate certified lawyers. The public should conduct checks with the society to confirm if the lawyer they intend to engage is legit," said legal practitioner Tinashe Mavhaire.

He urged LSZ to conduct awareness programmes as well as periodically set minimum wages to protect junior lawyers from greedy law firms. Poverty, Mavhaire noted, forces many to operate off-the-books.

There are also cases of law degree holders who operate without a valid practising certificate (PC), which is an offence.

Registered lawyers are also not allowed to tout for clients at the courts or operate on a rent-a-chair basis. In that regard, some middlemen have seized the opportunity to lure clients on behalf of some lawyers. They open offices, engage clients, get paid, then later refer the cases to registered professionals.

"It is illegal to operate without a PC, to rent a chair and to tout. If these cases come to our attention, we take disciplinary action and then report to the police because it is a criminal offence," Mapara said.

Without a PC, a qualified lawyer is not allowed to appear before any court, police station or prison; lodge documents with the Deeds Registry; or carry out any legal work.

The PC should be renewed annually. The PC charges vary depending on the number of years one has been in practice.

Some of the lawyers last year paid $21 000 for a PC valid for 12 months.

Loopholes

According to LSZ, a magistrate should check if a lawyer holds a valid practising certificate before every court session.

However, with time, the magistrates often get used to these lawyers and overlook the checking process.

Resultantly, this has created loopholes that crooks are capitalising on.

"Most magistrates only check at the beginning of the year or when they see an unfamiliar face, so it leaves room for a lot of criminal activities," revealed a former magistrate (name withheld).

"Sometimes these cases are to do with syndicates that involve middlemen, bogus lawyers and even magistrates."

Advocate Joshua Chirambwe of Temple Bar Advocate Chambers said some of the criminals take advantage of the power of attorney (POA) provision.

The POA or letter of attorney is a written authorisation to represent or act on another's behalf in legal matters.

The person who provides the authorisation is called the principal.

A person can name anyone to have POA provided it is done under freewill and that both parties are mentally competent.

However, it is advised that the person accorded the POA should be someone trustworthy.