AG to prosecute lawyers over fraud—inquiry
Several lawyers face criminal proceedings and possible disbarment after an ongoing Justice Department-led inquiry into alleged malpractices including embezzlement of clients’ funds recommended the move to Attorney General, Weekend Nation can reveal.
Other lawyers face lighter sentences of suspension for specified periods and reprimands, the Ministry of Justice has further confirmed.
Officials close to the hearings, however, have kept a tight lid on names of lawyers whose careers now stand at crossroads with the threat of disbarment and possible criminal proceedings.
But officials have vowed that there will be “no cover-up” and pledged to publish the list of the legal practitioners on the Malawi Law Society (MLS) website next week for public consumption.
After years of public outcry, the inquiry appears to finally pounce on legal practitioners whose allegations of defrauding the public and other illicit activities have repeatedly dented the image of the profession.
MLS honorary secretary Khumbo Soko confirmed on Thursday that the commencement of the disciplinary hearings against about 15 lawyers could result in possible disbarment and criminal proceedings.
But sources close to the inquiry have told Weekend Nation of “Cashgate-scale” massive fraud with one prominent lawyer alone allegedly facing 12 cases drawn from different complaints from clients whom he allegedly fleeced.
MLS disciplinary committee is headed by Solicitor General Janet Banda who is chairing the hearings that started taking place in Lilongwe on Wednesday.
Banda, who also doubles as secretary to Ministry of Justice, confirmed the committee’s recommendations in a separate interview.
“It is too early, but this is what we were doing today (Wednesday). The disciplinary committee of the Law Society, which I chair, met today to consider complaints against a number of lawyers. The complaints were in two broad categories: embezzlement of clients’ money and professional negligence.
“The meeting has agreed to make recommendations to the Attorney General to commence court proceedings in respect of some lawyers ranging from prosecution, admonition, suspension to outright disbarment. Some of the matters will be coming up for disciplinary hearings in August.
“The committee will also publish names of the complainants and the lawyers complained against on the Malawi Law Society website early next week for public consumption. This is for the purpose of giving notice to the general public of the matters under consideration before the committee,” said Banda.
She dimissed fears of lack of commitment within the legal fraternity to press ahead with the recommendations and clean up the fraternity, saying; “the advantage is that the president of the law society is very supportive of this process and is eager to ensure the legal profession is salvaged.”
But a source close to the hearings confided to Weekend Nation that most of the lawyers appearing under the disciplinary hearings were “fresh, young lawyers”.
The source also confirmed that most of the lawyers were involved in embezzlement of clients’ funds or overcharging legal fees.
“The disciplinary hearings will likely lead to criminal proceedings and disbarment of most young lawyers,” said the source.
Soko also confirmed both the start of the proceedings and the number of lawyers appearing before the hearing plus nature of majority of the allegations levelled against those appearing.
“We have over 15 cases emanating from as far back as 2013. So far, we have completed hearings in three cases whose resolutions will be passed later. The majority of the cases have to do with failing to account for money belonging to clients,” said Soko.
The proceedings come against a background of numerous complaints on conduct of legal practitioners in the country lodged mostly by clients with both MLS and the Malawi Human Rights Commission (MHRC).
