Zimpapers Logo

Mashudu Netsianda, Senior Reporter
COUPLES planning to divorce will now have to fork out US$2 000 or $170 000 in local currency with litigants paying up to US$350 or $29 750 per hour for legal services.

This follows an announcement of new tariffs by the Law Society of Zimbabwe (LSZ) premised on what lawyers were charging during the multi-currency era in 2011.

The fees are with effect from April 1.

In a statement, LSZ said legal practitioners are professionally and legally obliged to charge fees for legal work which are fair and reasonable in all circumstances.

“In order to assist the profession and the public in this regard and to seek a degree of uniformity and consistency, these tariffs are recommended by the council of LSZ for application to all legal work undertaken by legal practitioners, save where some other tariff is applied by the law or where the client has agreed to some other rate,” read the statement.

“Party fees in civil litigation, conveyancing fees, collection commissions and deceased estate fees are not covered by the new tariffs.”

Under the latest tariff regime, the most senior lawyers will earn up to $29 750 per hour for consultations.

Uncontested divorce costs a plaintiff US$1 200 or $102 000 while a defendant will fork out US$800 or $68 000 for the process to be finalised.

Lawyers are charging US$500 or $42 500 or one percent selling price in sale agreement on residential stands or farms.

LSZ said basic hourly charges vary according to years of experience and costs of practice.

“A simple non-commercial matter handled by a newly registered practitioner paying a relatively low rent in a small town is unlikely to justify any more than the rate at the lower margin of his or her applicable range. However, a complicated international commercial transaction handled by a senior partner of a large city firm with more than 20 years in practice, is likely to merit a fee at a rate at the upper margin of his or her applicable range,” said LSZ.

Lawyers with 30 years and more experience are now charging between US$310 ($26 350) and US$350 ($29 750) per hour while those who have served the profession for 20 to 29 years will charge anything between $22 950 and $26 350 or US$270 and US$310. Legal professionals with 15 to 19 years in the field can demand between US$210 ($17 850) and US$270 ($22 950) per hour for services rendered while those who have practised for 10 to 14 years can charge hourly from $12 750 (US$150) to $17 850 (US$210).

Lawyers with five to nine years’ experience now charge $10 200 (US$120) up to $12 750 (US$150) per hour.

Junior lawyers with two to four years’ experience can peg charges between $7 650 (US$90) and $10 200 (US$120) per hour, while those who have served for less than a year can charge anything between $5 100 (US$60) and $7 650 (US$90).

Unregistered law graduates that fall under LSZ can offer services from $2 550 (US$30) to $5 100 (US$60).

The same applies to notarial works such as simple ante-and post-nuptial contract (US$300 or $25 500), change of name now costs $21 250 or US$250, and simple authentication US$100 or $8 500.

Bulawayo lawyer Advocate Kucaca Phulu said although the new legal fees appeared high, they are reflective of the challenges in the macro-economic environment.

“This legal fee is a reflection of what is happening in the wider economy. In fact, legal services have always been unaffordable to the generality of citizens largely due to the gap in our economy between the rich and the poor hence something should be done to bridge that gap,” he said.

“However, it is also important to note that law firms, just like any other businesses are paying expensive rentals and in certain instances, people are paying rentals in foreign currency. These are the things that we need to look at holistically.”

Adv Phulu said while the public can avoid legal fees through self-representation, there are some cases, which require strictly mandatory legal representation such as murder and other technical cases, which include agreements of sale for farms, land or businesses where a change of ownership is needed.

“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.

“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.” — @mashnets