COUNCIL FOR LEGAL EDUCATION

PROFESSIONAL (CONVERSION) EXAMINATIONS

NB. This course outline provides a general guide on the minimum body of
knowledge and does not take away the expectation for candidates to read and
adequately prepare for the examination.

PRACTICE, DUTIES, FUNCTIONS, AND ETHICS OF A

LEGAL PRACTITIONER

Module Outline

2024

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 A. ABOUT THIS MODULE

Professional ethics is the code of practice or set of rules, written or unwritten,

which governs the conduct of professional people. It regulates how they practice
their profession and their conduct in other spheres. The legal profession is one of
the pillars upon which human rights and the rule of law rest. In Zimbabwe, the
profession’s rules of conduct are derived and gleaned from the Constitution,
various statutes and regulations, international codes and guidelines, as well as
from the common law.

Accordingly, this course module seeks to assist the candidates, as an aspiring

lawyer, in understanding the nature and scope of professional ethics, as well as
how he/she should conduct himself/herself in the profession.

B. AIM AND OBJECTIVES

The aim of this module is to appraise aspiring legal practitioners with the
regulatory environment for legal practitioners so as to guide them in avoiding
pitfalls and exuding the greatest standards of professionalism and ethics worthy of
persons in the noble profession that law is. To achieve this understanding this
module seeks to achieve the following objectives:

 Equip candidates with knowledge of the Law Society, its mandate, By-laws,
and guidelines for legal practitioners as well as legislation governing the
legal practitioners.

 Educate candidates on the common law and statutory duties of legal

practitioners in Zimbabwe.

 Conscientise candidates, as aspiring legal practitioners, of the pitfalls in the

legal profession as well as the consequences of unprofessional and

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 dishonorable conduct using case law on application for deregistration of
unfit legal practitioners as illustration.

 To educate legal practitioners on the privileges and rights of legal

practitioners.

C. EXPECTED OUTCOMES

At the end of studying and tutorials on this module, candidates must be able to.

 Conduct their affairs as legal practitioners adhering to the highest standards

of professionalism and honesty worthy of a member of the noble profession
that law is.

 Manage trust funds in a manner that upholds values of transparency and

accountability.

 Serve as useful officers of the court in the disposal of legal disputes and not
be a hindrance to the administration of justice.

D. EXAMINATION

There will be written a three-hour examination at the venue, date and times to be
advised.

Note!
For purposes of this module, Candidates need not memorise the provision word for
word as they are authorised to bring into the examination, “unannotated” copies
of the relevant statutes for reference.

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 E. TUTORIALS

 Methodology

There may be weekend lessons which will be conveyed through THREE face-to-face
tutorials using the teacher-centered approach. Learners will be expected to fully
participate in these tutorials to enable a lively learning environment. Group work
will also be used as a method of learning. Participants will also be expected to
research before tutorials to avoid a spoon-feed type of lesson considering that
learners are already degree holders.

One Assignment and one mock Examination will be given as a form of assessment
before the final exam.

 Evaluation

At the end of all tutorials, an evaluation will be made. Participants will be given
evaluation forms which they will be encouraged to complete as truthfully as
possible. The evaluation will mostly be for the content of the tutorial, the way the
tutor delivered, and recommendations for future tutorials.

F. MODULE CONTENT

1. The Legal Profession is a noble profession.

- Origins.
- The role of a lawyer/legal practitioner in society and to the court.

2. Essential Attributes / Qualities of a Lawyer.

3. Professional Conduct and Professional Etiquette.

4. Enforcement of Professional Rules of Conduct.

5. The Legal Practitioner and His/Her Practice.

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 6. The Nature and Structure of the Profession (including requirements for
admission, pupillage, etc); Compulsory Professional Development.

7. Definition of Ethics.

8. Sources of Professional Conduct for Legal Practitioners.

9. The Nature, Scope, Characteristics, and Rationale of the Code of

Professional Ethics.

10. Common Law Ethical Duties of a Legal Practitioner.

a. Allegiance to the State.

b. Duty to sustain the law.
c. Duty to the Court.
d. Duty of legal practitioner to client (taking instructions from and
advising a client, confidentiality, Improper acts of client,
performance of a client's work)
e. Duty to other Legal Practitioners.
f. Conduct outside your professional life.
g. Attitude towards authority.
h. Honesty and fairness.
i. Courtesy.
j. Fulfilment of undertakings.
k. Improper threats.
l. Dealing with a client of another Legal Practitioner.
m. Administering oaths.
n. Relationships with Counsel.

11. Statutory Duties of a Legal Practitioner.

a) Touting and advertising…Advertising vis-à-vis technological advances

e.g sharing certain information on websites.
b) Champerty.

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 c) Trust Accounts and accounting by Legal Practitioner.
d) Compensation Fund.
e) Fees and costs.
f) Legal Aid and related work.

12. Legal Aid – Pro Deo and Informa Pauperis Representation.

13. Fees and Costs; Contingency Fee Arrangements.

14. Trust Funds.

15. Compensation Fund.

16. Advertising and Marketing.

17. Disciplinary Proceedings.

18. General Attributes of Judicial Officers.

19. Duties of Prosecutors.

G. READING LIST

Case Law

 Law Society of Zimbabwe v Kamdefwere HH 271-21.

 Law Society of Zimbabwe v Sheelagh Cathrine Stewart HCH 39-89.
 The Law Society of Zimbabwe v Mugadza (244 of 2023) 2023 ZWHHC 304 (12
April 2023).
 The Law Society of Zimbabwe v Murambatsvina (48 of 2023) [2023] ZWHHC
48 (25 January 2023).
 Botha & Ors v Law Society (50/08) [2009] ZASCA 13.
 Muskwe v Law Society of Zimbabwe SC 72/20.
 Lawman Chimuriwo v The Law Society of Zimbabwe SC 30 – 23.

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Legislation, Court Rules and Guidelines

 Supreme Court, High Court and Magistrates’ Court Rules.

 Legal Aid Act, Chapter 7:16.
 Constitution of Zimbabwe, 2013.
 Legal Practitioners Act, Chapter 27:07, and Subsidiary Legislation.
 National Prosecuting Authority (Code of Ethics) Regulations, 2015 – S.I.
83/2015.
 Judicial Service (Code of Ethics) Regulations, 2012 – S.I. 107/2012.
 Judicial Service (Magistrates’ Code of Ethics) Regulations, 2019 – SI
238/2019.
 Judicial Service Act, Chapter 7:18.
 The Law Society of Zimbabwe Guidelines on Advertising and Marketing for
Legal Practitioners.
 International Code of Ethics adopted by the International Bar Association

Books

 B. D. Crozier, Legal Ethics – A Handbook for Zimbabwean Lawyers (1st

Edition, 2009) (Legal Resources Foundation).

 E. A. L. Lewis, Legal Ethics (1982) – A Guide to Professional Conduct for

South African Attorneys.

 T. P. Gambe, Ethics, The Legal Profession and Practice Management: A

Practical Approach (Revised Version 2012).

 T. P. Gambe, Legal Practitioners’ Handbook: A Guide to Ethics and Trust

Account Management (Legal Resources Foundation, 2018).

 M.H. Freedman & A Smith, Understanding Lawyers’ Ethics (4th Edition)

(LexisNexis).

 I.M. Hoffmann, Lewis and Kyrou’s Handy Hints on Legal Practice (2nd SA
Edition) (LexisNexis).

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  W. de Klerk et al, Clinical Law in SA (2nd Edition) (LexisNexis).

 S. H. Mahomed et al, Clinical Law in SA (3rd Edition) (LexisNexis).

 R. Palmer & D. Mcquoid-Mason, Basic Advocacy Skills (Butterworths).

 M. Welsh, Civil Practice Handbook (Legal Resources Foundation).

 Council For Legal Education Module for Ethics and Professional Conduct.

 International Commission of Jurists: International Principles on The

Independence and Accountability of Judges, Lawyers and Prosecutors –
Practitioners Guide No.1(2007).

 IBA International Principles on Conduct for The Legal Profession.

 Zimbabwe Law Reports; South African Law Reports.

… THE END …

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