Claims

To lodge a complaint against a legal practitioner for investigation by the Legal Practitioners Fidelity Fund please provide the following:

1. A written complaint in English, under oath
2. The name of the legal practitioner and the name of the firm
3. An explanation of the matter, under oath
4. An annexure containing certified documentation pertaining to the matter

The more detailed the documentation, the more efficiently the investigation will take place.

• Complaints must be received within 3 months of becoming aware of the theft
• Proof must be provided within 6 months after a request from the Legal Practitioners Fidelity Fund
• The Legal Practitioners Fidelity Fund may at its discretion extend these periods

Submit the documents in person or by courier to:

• The Legal Practitioners Fidelity Fund
The offices of the Law Society of Namibia
First Floor
Namlex Chambers
333 Independence Avenue
Windhoek

Alternatively, send complaint by postal mail to:

• The Legal Practitioners Fidelity Fund

The Law Society of Namibia
P O Box 714
Windhoek

Please ensure that the envelope is sealed and clearly marked ‘Legal Practitioners Fidelity Fund Complaint’.

The Legal Practitioners Fidelity Fund will investigate the complaint following a meeting of the Board of Control to initiate the process.

The complainant may request progress updates from the Legal Practitioners Fidelity Fund at any time.

Further supporting documentation must be provided within 6 months after a request from the Legal Practitioners Fidelity Fund

The legal practitioner who is the subject of the complaint will make a deposition in her / his defence, if required.

An auditor / chartered accountant will examine the documentation. This may entail:

• Examination of the legal practitioner’s books
• Further examination of the complainant’s books

Once the investigation is concluded, the Board of Control will issue a decision and inform all parties involved.

In the event of a decision in favour of the complainant, the Legal Practitioners Fidelity Fund will reimburse the complainant  with the following limitations on claims:

• Claims are limited to the actual amount of money handed over, without interest
• Claims are limited to the actual or fair market value at the date of receipt of the claim by the Legal Practitioners Fidelity Fund
• Claims are limited to the actual amount of loss, with none of the benefits that might have accrued

Legal Practitioners Fidelity Fund is insured. In the event of a valid claim, Legal Practitioners Fidelity Fund will receive the amount due to it in terms of an insurance contract. This amount will be placed in its bank account, from which it will reimburse the complainant. The complainant will not have a right to make a direct claim from the Legal Practitioners Fidelity Fund’s insurer.

Individuals exempted from handling of complaints by Legal Practitioners Fidelity Fund

• Practitioners employed by state
• Employees of law centres
• Employees not practicing on their own account
• Partnerships that do not hold money from clients
• Practitioners who do not hold money from clients

Exemptions of action

• No action against the Legal Practitioners Fidelity Fund may be taken until all legal avenues against the exhausted
• No action against the Legal Practitioners Fidelity Fund may be taken within one year of notification that claimants claim was rejected
• The Legal Practitioners Fidelity Fund may use the same defenses as the practitioner against whom the complaint was

Exempted claims against individuals

• Theft by a legal practitioner in the employment of a person who is not a legal practitioner unless the person holds a Legal Practitioners Fidelity Fund certificate or exemption
• By the spouse of a legal practitioner as a result of theft committed by that legal practitioner
• By one practicing practitioner against a practitioner who is a partner
• By third part guarantors
• In connection with investment schemes
• By a person who has been warned by LSN about a certain practitioner