Chief Justice Allows Lawyers On ‘Nkongole’

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By Dickson Jere
In a groundbreaking reforms, the Chief Justice of Zambia has approved a law that will allow lawyers to represent clients on contingency fee basis or “Nkongole” and only pay when they win the case.
Until yesterday 11th July, 2025, lawyers in Zambia were not allowed take up cases on contingency fee arrangements and this affected poor people who could not afford legal fees but had good cases.
Chief Justice Dr. Mumba Malila, SC has approved “The Legal Practitioners’ Practice (Amendment) Rules, 2025”, which is Statutory Instrument No. 50 of 2025, that has now allowed contingency fee arrangements.
The new law will allow clients – especially those who cannot afford to pay legal fees upfront – to agree with the lawyer to pay once they win the case and get paid.
“A practitioner shall, where a contingency fee arrangement is entered into by a practitioner and client, ensure that the contingency fee arrangement is recorded, in writing, signed by both the practitioner and the client,” the Rule reads.
This will help especially in employment and personal injury cases where the poor may not have cash to pay deposits to lawyers before suing but have a good case.
Lawyers will be allowed to assess the prospect of success of such a case and take a risk to represent the client under written instructions with agreed payment percentages in advance.
“A provision of a contingency fee arrangement that does not comply with these Rules shall be invalid and unenforceable,” the Rules read.
“A client may refer contingency fee arrangement or a fee claimed under a contingency fee arrangement to the Legal Practitioners Committee for review,” the SI reads, providing some safeguards and protection to the clients.
Law Association of Zambia (LAZ) will have powers to review the contingency fee arrangements upon request by the client so that the fees are not “unconscionable”, “unreasonable” or does comply with the law.
“A practitioner shall not offer legal services free of charge, except where the service is offered towards a charitable cause or is approved by LAZ,” the law states, reinforcing the position that lawyers should not give free services.
The new law also allow lawyers to openly tender for business, which was not allowed in the past and consequently gave advantage to foreign law firms that were allowed to public tender.
The new arrangement has also placed responsibility on the lawyers to inform the clients other methods of resolving the disputes away from Court such as Mediation and other forms of Alternative Disputes Resolution (ADR) mechanisms.
This new legal framework is forward looking and is welcome as it will help Zambians access legal services on “Nkongole” basis and have cases filed in court even without cash beforehand.
In the UK, some law firms have specialized in such practice by taking up cases for the poor against big companies and get paid once they settle the dispute or win the court cases.Remember the KCM case in London by Zambian villagers?

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