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Formalities of a Legal Consultation in Zimbabwe

Neither the Legal Practitioners Act [Chapter 27:07] nor the Law Society of Zimbabwe (LSZ) have laid out any formalities concerning legal consultations in Zimbabwe. Notwithstanding the absence of any statutory formalities concerning legal consultations in Zimbabwe, it is trite that a legal consultation is confidential, private and professional meeting between a lawyer and a client.

Prince Kanokanga, The Law of Costs in Zimbabwe: Text, Cases and Materials (Durban 2021) at 252 defined a legal consultation as follows:

“The initial meeting between a client and a legal practitioner is known as a consultation. The consultation consists in a legal practitioner being advised of a particular matter requiring legal advice or assistance."

A consultation is merely a professional meeting between a client and a duly registered legal practitioner / lawyer to inquire as to one’s rights with regards to a proposed course of action. This is the stage where the client meets the lawyer who can assess his or her case and conduct an interview or assessment as well as discuss issues of costs and fees. see Mapalala v Guter 1958 (3) SA 679 (SR) 680.

A legal consultation in Zimbabwe may be online or physical. In some cases, a legal consultation in Zimbabwe may be hybrid i.e., both physical and online. Where a consultation is physical or virtual it is generally important to schedule it in advance and to adequately prepare for same. During the consultation it is important for the client to engage his or her chosen legal practitioner and ask questions and / or seek clarifications.

Where the client and legal practitioner agree to proceed with the matter, it is important that the lawyer carries out a conflict-of-interest check and also prepares a Letter of Engagement which sets out the mandate and regulates the client-attorney relationship. It is advisable for any party wishing to obtain legal advice from a lawyer in Zimbabwe to ensure that their chosen lawyer is duly registered with the Law Society of Zimbabwe. In Mutuke v Hwange Coal Gasification Company (Pvt) Ltd & Another HB 109-25 at page 7 the High Court held that:

“The regulation of legal practice is not a mere technicality. It is a substantive safeguard ensuring competence, accountability, and protection of the public.”