…says time for mere talking is over after it successfully sued crooked Adv Thejane 

Mohloai Mpesi 

LAW Society of Lesotho (LSL) president, Advocate Lintle Tuke, has warned lawyers who defraud their clients to expect to face the full wrath of the regulatory body. 

This after the LSL successfully sued lawyer, Thejane Thejane for swindling his client, ‘Mats’epang Setala of M262?000. 

The money was from a M350 000 settlement paid to Ms Setala by the?Lesotho National General Insurance Company Limited, General Insurance?in lieu of a road accident compensation settlement.?? 

The LSL went after Advocate Thejane after Ms Setala discovered the money had been paid to the lawyer while he lied that it hadn’t.? She then took her complaint to the LSL which acted swiftly to get a court order for Adv Thejane to pay back the money. 

Now in a circular to lawyers dated 24 July 2024, titled ‘Misconduct Among Legal Practitioners’, Adv Tuke warns lawyers engaging in similar behaviour to expect to face the full wrath of the LSL. 

“We acknowledge and deeply regret the distress caused by incidents involving the mishandling and misappropriation of clients’ funds by some lawyers. The integrity and trust of our profession are paramount, and we are committed to upholding these principles with utmost diligence,” Adv Tuke said. 

“…..The Law Society maintains a zero-tolerance policy towards any form of misconduct in the legal profession, against the public, the courts and fellow colleagues. We are unwavering in our commitment to ensuring that lawyers adhere strictly to the highest standards of professional conduct and ethics.” 

Adv Tuke subsequently told the?Sunday Express?that the “time of preaching is now over”. 

Adv Tuke said for a long time now, lawyers had done as they pleased, on the misguided notion that the LSL was a toothless dog. 

“We are now taking action. Most lawyers regard the Law Society as a toothless bulldog, but that bulldog is now out to hunt perpetrators. They will see its teeth and that it is capable of biting,” Adv Tuke said. 

“There are lawyers who think we are mad. They keep on saying that the Law Society is a toothless bulldog, and that it does not bite but is only good at barking. Now, they will experience the bulldog’s stinging bite…” 

The LSL successfully petitioned the High Court for the freezing of Adv Thejane’s bank account at Nedbank Lesotho after he defrauded his client, Ms Setala, of the M262 000. 

The proceeds were part of ?the M350 000 Ms Setala had been paid by LNIG. ? 

The insurance company had reached a settlement with Ms Setala in March this year and deposited the funds into the Thejane Chambers Trust account on May 14 2024. 

Two months later, when Ms Setala checked with Adv Thejane, he told her that he was yet to receive the funds and that it would take time. 

Unconvinced, Ms Setala ?approached the insurance company, which two days later, informed her that the funds had been deposited into her lawyer’s account in May. 

It was then that she approached the LSL for intervention.? 

Adv Tuke told the?Sunday Express?that after Ms Setala reported her lawyer’s unethical behaviour to the LSL they had swiftly filed a lawsuit against Adv Thejane and obtained an order for him to pay her the money. 

According to Adv Tuke, Ms Setala’s complaint added to the 164?existing complaints filed with the LSL against local lawyers. 

He excoriated Adv Thejane for lying to Ms Setala ?that the money had not yet been transferred from LNIG, yet he knew very well that the money had long been paid into his account. 

?“We received a report from the complainant on Friday. We rushed to court on the same day, suing on behalf of the complainant and the ?Law Society. 

“You wonder whether the lawyer was fighting for the client or on his own behalf, because most of the money went to the lawyer, not the client,” he said. 

“Should we turn a blind eye to such issues? No! 

“That money was transferred to his account on the 14th of May 2024, he has been lying to the client.” 

He Adv Thejane had started abusing the money the same day it was deposited into his account. 

The LSL’s disciplinary committee was already working on the matter and harsh measures would be taken against Adv Thejane if found guilty, he said. 

“It looks like he started using the money on the same day that it was transferred to his account. The law does not allow an Advocate to interfere with client’s monies directly,” he said. 

“The second mistake, is that he did not transfer the remainder to the client after, deducting his own fee of 25 percent. Instead, he took all the money. That is thieving and it is fraudulent. Currently, the Law Society disciplinary committee is working on the matter.” 

He continued: “The committee will hand down judgement. If found guilty, there will be measures taken. He might pay a fine or we might ask the High Court to revoke his licence so that he never practices law.” 

Adv Tuke ?urged any crooked lawyers ?to “return whatever money that you have fraudulently taken from clients”. 

“After we acted against Adv Thejane, many Basotho have knocked on our doors to seek intervention after they were defrauded by their lawyers. The issue is bothersome. It is worrisome,” he said. 

“The Law Society will not turn a blind eye to these issues. This is a different leadership of the Law Society. Different from previous years. 

“I urge them (lawyers) to start paying back the money they defrauded their clients. They should also renew their licenses and start behaving well.”