COUPLES planning to divorce should first consider if they
can raise a minimum of $80 000 for lawyers to handle their cases in line with
new Law Society of Zimbabwe (LSZ) tariffs.
The LSZ on Tuesday announced new tariffs premised on what
lawyers were charging during the US dollar era in 2011. The fees are with
effect from last month.
Under the latest tariff regime, the most senior lawyers
will earn up to $17 000 per hour for consultations.
Notable under the new tariffs is that uncontested divorce
will cost a plaintiff $50 000 while a defendant will fork out $30 000 for the
process to be finalised.
Lawyers will charge $25 000 or equivalent to one percent
selling price in sale agreement on residential stands or farms.
Lawyers with 30 years and more experience will now charge
between $10 000 and $17 000 per hour while those who have served the profession
for 20 to 29 years will charge anything between $8 750 and $15 500.
Legal professionals with 15 to 19 years in the field can
demand between $7 500 and $13 500 per hour for services rendered while those
who have practiced for 10 to 14 years can charge hourly from $6 250 to $10 500.
Lawyers with five to nine years’ experience will charge $4
250 up to $7 500 per hour.
Junior lawyers with two to four years’ experience can peg
charges between $3 500 and $6 000 per hour, while those who have served for
less than a year can charge anything between $2 500 and $3 750.
Unregistered law graduates that fall under (LSZ) can offer
services from $1500 to $3 000.
The public can avoid legal fees through self-representation
but in cases such as murder and sale agreements for farms, land or businesses
where change of ownership is needed, it is mandatory to have legal
representation.
The same applies to notarial works such as simple ante-and
post-nuptial contract ($15 000), change of name now costs $12 500, and simple
authentication $5 000.
While individuals can opt to represent themselves on some
civil and criminal matters, they usually lose on technicalities in cases where
they are contesting against opponents that have lawyers.
In a statement, LSZ executive secretary Mr Edward Mapara
said the new tariffs were arrived at after considering that the country’s
economic challenges were hampering the day-to-day survival of lawyers.
“In order to aid you in achieving the above, your society
has revised the tariff in a manner that addresses the twin objectives of giving
members an opportunity to earn a fair income and also ensuring affordability of
legal services. In coming up with the tariff random consultations were done and
varied and helpful responses were received from the members consulted,” said Mr
Mapara.
He said the new tariffs are pegged against charges what
lawyers were charging during the US dollar era in 2011 while also observing
challenges in the currency market.
“The society notes that it cannot adopt a tariff based on
the parallel market rate as it will be deemed illegal. It also realises that
the official rate, as it is currently pegged, will lead to absurd outcomes
which will result in the impoverishment of members. In order to achieve a
somewhat middle of the road approach, it has adopted a tariff premised on the
2011 USD$ tariff converted at the official exchange rate plus a rationalisation
percentage. Further in order to counter the effects of the unrealistic exchange
rate the society adopted a wider interpretation of the premium charges as well
as widening the premium bands,” he said.
However, the new fees could hinder access to justice as
most people may not afford legal service.
Bulawayo lawyer Advocate Kucaca Phulu said although the new
legal fees appeared high, they are reflective of the challenges in the
macro-economic environment.
“I can tell you that people are paying expensive rentals
and in certain instances people are paying rentals in foreign currency.
“So, these are the things that we need to look at
holistically. Government needs to address the underlying problems urgently as
people can’t access legal service and hospitals among other services,” said Adv
Phulu.
He said while lawyers are obliged at law to provide free
legal services from time to time, the increase in legal fees, will pile
pressure on Government’s Legal Aid Directorate department and some civil
society organisations, to represent those who cannot afford lawyers.
Adv Phulu said while there are instances where the public
might not need legal representation, there are some processes that strictly
require mandatory lawyers’ advice.
“There are legal provisions that only a lawyer can provide
that specialised service. You have to use a lawyer when transferring a property
from one person to another, but there are some instances that you don’t need a
lawyer and can self-represent in the court of law, especially on minor criminal
issues or small business agreements where specialised lawyers input is not
necessary,” said Adv Phulu. Chronicle
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