09/07/2026
Why You Need Lawyer
By Dickson Jere
Yesterday, I urged Zambians to always use lawyer when dealing in land transaction. I got a lot of feedback and many of them based on ignorance or lack of knowledge.
For starters, I am a lawyer and well conversant with land issues but I still hire a lawyer for any land purchases I do. For the very reason why Doctors do not treat themselves. In law, we aptly say "he who has a lawyer for himself has a fool for a client".
So, why use a lawyer? Here are the five reasons;
1. Buying land is serious business. The due diligence required by law in land transaction is rigorous and usually require legal mind to ask pointed questions. For instance, if it is Administrator selling land, the legal questions will revolve asking for letter of probate (valid for one year), court order allowing sale, and so on. These are not easy issues to decipher. Only a legal mind can canvas these murky areas.
2. Stakeholder - lawyers act as "Stakeholder" in land transactions. They receive the funds from buyer and keeps it in client account. They can only release the funds upon being satisfied that the transaction is clean. In case of any scam, the lawyers are obliged to pay back the money. You see, it works out like an insurance. You are shielded from the loss. Some lawyers have actually taken out professional indemnity insurance policy for such.
3. Fees - contrary to what most people think, no legal fees are higher than purchase price of land. Legal fees are regulated and prescribed by law in Zambia. So, Conveyancing falls under non-contentious business. The law allows lawyers to charge between 0.1 to 10% of the purchase price. You simply negotiate.
4. Lawyers are crooks - All lawyers with valid practicing certificates are regulated by LAZ. Any professional misconduct is dealt with by either the Court or LAZ, including banning the lawyer from practice. LAZ even have a Compensation Fund to assist in such cases. Always check that you are dealing with registered lawyers.
5. LAZ General Conditions - only lawyers will know what needs to be changed when drafting Contract of Sale of land that is based on these conditions. You cannot cut and paste. Usually transactions differ and require tightening up the documents. So, using lawyers make your life easy when transacting in land.
These are just my point of note. You are free to act for yourself in land issues but do not complain when you are scammed. Paying a lawyer to represent you in Court after being duped is more expensive than paying for Conveyancing fees. You have heard.
McMuyawa Moses Muntanga MJ
The Radical lawyer..
