Lawyer Banished Over Client Money

GUEST ARTICLE: Lawyer Banished Over Client Money

By Dickson Jere

A lawyer received ZMK 260,000 in the firm account from his client for conveyancing work. Later, the client made a mistake and deposited another ZMK 260,000. A further ZMK 15, 500.00 was deposited for legal fees. However, the lawyer made multiple withdraws from the account and a sum of ZMK 315,000.00 was transferred to a third party Noah Chileshe. Simply, all the monies were withdrawn from the account.

The client realized that he had made a double payment and requested for refund. But the lawyer claimed that ZMK 315,000.00 was erroneously paid to scammer. And that he reported the matter to the police who arrested and charged the scammer and that he was even jailed.

Unsatisfied with the explanation, the client took the Lawyer to the Law Association of Zambia (LAZ) Legal Practitioners Committee (LPC). The LPC found him wanting and referred him to Disciplinary Committee that also found him liable for professional misconduct. They then recommended to the High Court to banish him from practicing law for good.

In the High Court, the lawyer maintained his innocence and repeated his story that he was scammed and the scammer was even convicted. On the cash withdrawals, he indicated that he had wanted to payback the client in cash but then he deposited the money back in the account.

Two Judges sat to look at the case.
They determined that money in law firm “client accounts” must always be there and ready to be paid out to client on demand without any stories. It is not money to be spent anyhow by lawyers.

“While the Respondent (lawyer) frames this as an honest mistake resulting from fraud, the legal characterization of the transaction remains that of misappropriation,” the Judges noted.

“The client’s money was used to settle a liability or fulfill an instruction that was not that of the client, thereby depriving the client of the immediate use and ownership of those funds,” the Court ruled.

The Judges noted that even though the lawyer claimed to have been scammed, that very act does not absolve him of the responsibility as the offence he committed was that of professional misconduct and breach of fiduciary duty owed to his client.

The Court noted that since 2018 when the incident happened, the lawyer has failed to refund his client the money which he claimed was sent by error to a fraudster.

“It is trite that a legal practitioner holds client money on a strict trust,” the Judges said.

“Once such funds are removed, transferred or otherwise dissipated without authorization, thereby placing them beyond the reach of the client’s instructions, the breach is complete and irremediable, irrespective of the legal practitioners subsequent actions or intentions,” the Court explained.

The Judges the ruled that the lawyers should be struck off the roll of practitioners (banished) and he will no longer practice law in Zambia.

Case citation – LAZ v Makondo Simubala – 2011/HP/1319 and Judgment passed yesterday, March 31st, 2026.

Lecture Notes:

1. This Judgment is important reminder to lawyers that money in the law firm “client account” is not yours but for the client. Therefore, it should be ready at any given time when the client makes a demand. You cannot use this money for other things outside the client instructions. By law, lawyers are required to keep client money in a separate account from the office account. Client money is held in trust and even when stolen, lawyer is still held accountable.