By: Thoboloko Ntšonyane
MASERU- The Law Society of Lesotho’s President Advocate Lintle Tuke has issued a stern warning to lawyers engaging in misconduct, declaring that it will not tolerate unprofessional behavior within the legal profession.
This move follows numerous complaints from the public regarding the conduct of certain unscrupulous practitioners.
Established in 1967 through an act of Parliament, the Law Society now operates under the Legal Practitioners Act and the Law Society Act and Rules of 1983, which replaced the original act.
“The Law Society of Lesotho is acutely aware of acts of misconduct perpetrated by certain members of the legal profession against the Basotho nation in the provision and consumption of professional legal services. We acknowledge and deeply regret the distress caused by incidents involving the mishandling and misappropriation of clients’ funds by some lawyers.
“The Law Society has received numerous complaints from the public regarding financial misconduct by lawyers. These complaints primarily involve the failure to remit funds owed to clients. We take these allegations seriously and are actively conducting thorough investigations into each reported case,” reads the strongly worded statement by the President of Law Society.
As the oversight body of the legal profession, Advocate Tuke said they maintain a “zero-tolerance” policy towards any form of misconduct. He said they are resolute in their commitment to ensuring that all lawyers adhere strictly to the highest standards of the professional code and ethics.
He went on to allay the public’s worries saying the Law Society is “stringent” in its enforcement of compliance amongst the legal practitioners. The President promised tough action against those who will be found wanting.
A lawyer recently found himself in hot water following a court order that prohibits him from accessing his client’s funds held at NedBank Lesotho.
The lawyer in question, Advocate Thejane Thejane, the first respondent in the court order, recently faced an Ex-Parte application, an urgent application where a legal request is made to the court by one party without notifying the other party to convince the court of the pressing situation that requires urgent intervention, filed by the Law Society of Lesotho in a case concerning Advocate Thejane’s client ‘Mats’pang Setala.
Law Society and Setala are the first and second applicants, respectively. The application, filed on an urgent basis by the Law Society, had sought to interdict the first respondent from accessing his client’s money. It also requested the court to prevent NedBank Lesotho being the second respondent from permitting any access to or transactions on Setala’s account concerning her claim at Lesotho National Insurance Company.
The respondents in the case are Advocate Thejane, NedBank Lesotho, and Lesotho National Insurance Company, listed as the first, second, and third respondents, respectively. The court duly interdicted the respondents as prayed for by the applicants.
In an application the Law Society requests the court to order Advocate Thejane to pay the aforementioned client M262 500.00 paid to him from a road accident claim where his client was involved. According to the court papers, Advocate Thejane is not reachable both telephonically and in his office.
Advocate Tuke continued: “We are implementing robust measures to address and rectify any instances of malpractice swiftly and decisively. Any lawyer found guilty of misconduct will face the full extent of disciplinary action.
“We call upon all members of the public to remain vigilant and report any suspected misconduct by lawyers to the Law Society. Your cooperation is vital in helping us maintain the high standards expected of the legal profession in Lesotho.”
The Law Society emphasised its commitment to maintaining high ethical standards and ensuring that all members adhere to the code of conduct.
“The integrity and trust of our profession are paramount, and we are committed to upholding these principles with utmost diligence,” further reads the statement.