A Zambian lawyer has been struck off the roll of legal practitioners after the High Court found him guilty of professional misconduct involving the misuse of client funds deposited into a law firm’s client account.
Lusaka-based lawyer Dickson Jere, who shared the case details, revealed that the lawyer had received ZMK260,000 from a client for conveyancing work. The client later mistakenly deposited another ZMK260,000, effectively making a double payment. An additional ZMK15,500 was also deposited for legal fees.
However, the lawyer reportedly made multiple withdrawals from the client account, and a total of ZMK315,000 was transferred to a third party identified as Noah Chileshe, leaving the account drained.
When the client later realised the double payment and demanded a refund, the lawyer allegedly claimed that the ZMK315,000 had been mistakenly paid to a scammer. He further claimed the matter was reported to police, and that the alleged scammer was arrested, charged and even jailed.
Unsatisfied with the explanation, the client took the matter to the Law Association of Zambia (LAZ) Legal Practitioners Committee (LPC), which found the lawyer at fault and referred him to the Disciplinary Committee.
The Disciplinary Committee also found him liable for professional misconduct and recommended that he be banned from practicing law.
In the High Court, the lawyer maintained his innocence and repeated his claim that he had been scammed. He also argued that he withdrew cash intending to refund the client, but later deposited the money back into the account.
However, two High Court judges rejected the explanation, stating that money held in a law firm’s client account must always remain available and should never be withdrawn or used outside the client’s instructions.
“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 ruled.
The court noted that the client’s money had been used to settle a liability or fulfill an instruction that was not authorised by the client, thereby depriving the client of ownership and access to their funds.
The judges further ruled that even if the lawyer was scammed, it did not absolve him from responsibility because the offence was not just fraud, but a serious breach of fiduciary duty and professional misconduct.
The court also observed that since the incident occurred in 2018, the lawyer had failed to refund the client’s money.
“It is trite that a legal practitioner holds client money on a strict trust,” the judges stated.
“Once such funds are removed, transferred or otherwise dissipated without authorization… the breach is complete and irremediable, irrespective of the legal practitioner’s subsequent actions or intentions,” the court added.
The judges ultimately ruled that the lawyer should be struck off the roll, meaning he will no longer practice law in Zambia.
The matter is cited as LAZ v Makondo Simubala – 2011/HP/1319, with judgment delivered on March 31st, 2026.
Jere said the judgment serves as a strong warning to lawyers that client account funds are not personal money and must remain untouched unless strictly used for the client’s instruction.
Source: Dickson Jere (Legal Commentary)
