Disagreements between Clients & Lawyers in Zimbabwe

Disagreements and differences between clients and lawyers in Zimbabwe are not something new. There are instances when clients in Zimbabwe have sued lawyers for negligence in the handling of client’s cases. see Addenbrooke v Webb, Low & Barry 2018 (1) ZLR 467 (H). Clients in Zimbabwe have also sued lawyers for breach of their professional duty of care to clients and third parties. see CBZ Bank Ltd v Mambara 2018 (2) ZLR 396 (H).

There are also instances in Zimbabwe when lawyers have had to sue their clients for fees for professional services whether in respect of non-litigious services and litigious services. see Kantor & Immerman v Chombo 1999 (1) ZLR 300 (HC).

Disagreements and disputes between clients and lawyers in Zimbabwe should not be resolved in the courts. Where a dispute, disagreement or dissatisfaction between a client and a lawyer occurs in Zimbabwe, it is best resolved through the means of arbitration.

Disputes concerning professional legal charges (i.e., quantum of costs) are best resolved through the process of taxation. see Mheresi v McNaught Wickwar 1997 (2) ZLR 386 (SC). However, all other issues are best resolved through arbitration.

In England it is not uncommon for disputes between clients and lawyers / law firms to be resolved through arbitration. see Assaubayev & Others v Michael Wilson Partners Ltd [2014] 6 Costs LR 1058. The courts in Hong Kong have held that there is nothing that prevents clients and lawyers or law firms from arbitrating their disputes. In Fung Hing Chiu Cyril & Another v Henry Wai & Co (A Firm) [2018] 3 HKC 375 it was held that there was nothing to prevent the resolution of solicitor and client fee disputes by means of arbitration.

The Singapore Court of Appeal has also noted that there is nothing wrong in law for client and lawyer / law firms to resolve disputes by means of arbitration. The court in Lun Yaodong Clarence v Dentons Rodyk & Davidson LLP [2025] SGCA 25 held that the courts retain the jurisdiction to resolve disputes which pertain to legal fees, as courts have power to intervene in the charging practices of lawyers / law firms.