Proposed LPA amendment to expedite disciplinary process
Mpho Mokwape | Wednesday February 5, 2020 18:13
Law Society of Botswana (LSB) chairperson, Diba Diba, said one of the important areas that the society believes needs amendment relates to the provisions that deal with the disciplinary process.
“This is important because for most members of the public that is what the law society exists for. It provides an avenue for redress against perceived wrongs visited upon them by legal practitioners,” he said.
He explained that the efficacy of the process was therefore paramount and could be achieved amongst others by the amendment of the LPA, as it will help in expediting the disciplinary process.
Diba also pointed out that the proposed amendment also provided for provision that allows and regulates contingency fees.
“Contingency fees if regulated improve access to justice. The reality at this time is that even though it is not legal, it is common practice and in its current form is now more detrimental to the unsuspecting litigant as it is not regulated,” he said.
Furthermore, Diba highlighted and assured the public that over the years, society has requested a wholesale amendment of the act as it has been overtaken by events but instead there have been piece meal amendments to few provisions in the act.
He said whilst the first amendment between the Ministry of Defence, Justice and Security on the proposals for amendment was reached in 2014 at ministerial level, the regret was the bill relating to the amendments had not been published.
Diba, however, noted that the ministry was committed to ensuring that the bill was placed before Parliament this year.
On the legal fees, he said there was a widespread narrative that legal service in the country is very expensive.
“Whilst the society accepts that there are some unscrupulous legal practitioners who overcharge members of the public, these are not necessarily in the majority, the notoriety of a few bad apples will invariably get most attention,” he said.
He said overcharging may amount to serious professional misconduct and depending on the amount involved a legal practitioner may be disbarred if found guilty.