CONSULTANCY: RESEARCH ON A FRAMEWORK FOR CONSULTANT LEGAL PRACTITIONERS IN LAW FIRMS IN ZIMBABWE
Consultancy, Research Jobs
- Law Society Of Zimbabwe
- Expires 23 Feb 2024
- Harare
- Full Time
Job Description
CONSULTANCY OPPORTUNITIES WITHIN THE LAW SOCIETY OF ZIMBABWE: DEADLINE 23 FEBRUARY 2024, CLOSE OF BUSINESS
The following Consultancy Opportunities have arisen within the Law Society. Qualified bidders are requested to send the bids to the details in the advertisements before close of business on Friday the 23rd of February 2024;
1) Licensing of Legal Consultants in law firms ;
2) Review of the Law Society of Zimbabwe (LSZ) Disciplinary processes
3) Development of the Law Society of Zimbabwe (LSZ) Institutional mentorship programme/curriculum
4) Development of a sustainable Law Society Curatorship model
RESEARCH ON A FRAMEWORK FOR CONSULTANT LEGAL PRACTITIONERS IN LAW FIRMS IN ZIMBABWE
1. Background to the Consultancy
The socio-economic and political environment in Zimbabwe has continued to change and this dynamic shift has led members to be innovative in the manner and style of legal practice. The Law Society of Zimbabwe (LSZ) has insisted on adherence to traditional practice standards as a way of maintaining the integrity of profession through minimising practice related reputational risks, some of which have posed serious threat to the Society’s self-regulatory function. A regulatory model which is responsive to the membership needs whilst balancing this with the Society’s regulatory effectiveness has been the main driving force behind the Society’s shift towards proactive regulation.
Section 12 of the Legal Practitioner’s Act Chapter 27:07 provides for the prohibition against practice without practicing certificates. Section 12 provisions however do not apply to (a) legal practitioners who are in full time employment of the state, in relation to things done in the course of his/her employment (b) to a person who holds a residential exemption certificate in relation to the matter for which the residential exemption certificate was granted (c) a person who is in fulltime employment of the Zimbabwe Revenue Authority (ZIMRA) and who performs duties of a legal practitioner for ZIMRA.
Over the years the number of LSZ members opting to downscale their scope of work from full time to part-time Consultants has increased. The LSZ has been seized with applications for licensing from members currently engaged as part time Consultants in other non-profit making institutions. They seek and get licensed as consultants in law firms for purposes of litigating as holders of full Practising Certificates. Upon licensing, these ‘consultants’ have exercised all the rights and privileges accruing to other legal practitioners. There has not been any written framework guiding the Society in the determination of such applications. The increasing number of members seeking this option has necessitated the need for a clear framework for consideration of such licensing.
In order to have this issue standardised, there is need for the LSZ to come up with guidelines which will assist the Society in determining the eligibility of members seeking to be licensed as Consultants in law firms.
Duties and Responsibilities
2. Scope of the Consultancy
Against this background, the LSZ requires the services of a legal practitioner to carry out research which will lead to recommended clear criteria for the determination of all licensing applications by consultants seeking to carry out legal work as licensed Consultants in law firms. The research will consider the following, among other petinent issues;
a) The legal framework applicable to the practice of law as a Consultant.
b) The pros and cons associated with the licensing of consultant legal practitioners in Zimbabwe.
c) Procedure for licensing of Legal Consultants
d) What are the criteria used in licencing consultants?
e) What are the terms and conditions?
f) What is the ideal situation? What has been the practice elsewhere regarding licensed legal consultants?
g) What regulatory model can the LSZ consider if deemed necessary?
3. Consultancy Period
This research will be conducted over a period of thirty (30) days.
4. Consultancy Fees
The Consultancy consideration shall be discussed and agreed on with the bidder.
5. Consultancy Outcomes
At the end of this research, the LSZ expects the Consultant/s to produce a detailed research paper or guideline with recommendations on the licensing criteria for Legal Consultants. This paper /guideline will, once adopted by Council set the licensing considerations that the Society will adhere to when seized with licensing applications by Legal Consultants.
Qualifications and Experience
6. Qualifications
a) The consultant must hold a Degree in Law or Social Science. A Master’s degree or an equivalent postgraduate degree in the same field will be an added advantage.
b) The consultant must also have demonstrable experience in legal practice.
c) Legislative drafting will be an added advantage.
How to Apply
Applicants should submit the following:
1. An Expression of Interest of not more than 3 pages. The Expression of Interest must detail the researcher’s understanding of the Terms of Reference and proposed methodology. The Expression of Interest must also include
2. A cover letter summarising the applicant’s qualifications;
3. Curriculum Vitae;
4. A sample of relevant work.
Applications must be addressed to secretary@lsz.co.zw and copied to rebecca@lsz.co.zw and patience@lsz.co.zw
