Practice Areas

Disputes are part of the social fabric of human existence and a rubric of commercial interaction. what sets apart success from failure is not the absence of disputes but how disputes are managed. In commercial matters time, party autonomy and confidentiality are key in deciding when , where and how to initiate a claim,.

Among the avenues available are the courts or Alternative Disputes Resolution mechanisms (ADR) such as good offices, conciliation, mediation and arbitration. Businesses prefer ADR over court litigation.We undertake and advise our clients on a case by case basis which mode of resolving their dispute would be ideal and which case would fit into the arbitration strand. We have expertise to undertake local and cross-border arbitration and enforcement measures on behalf of our clients.

Non-profit organisations, foundations and charities face many unique challenges and often seek legal advice only after a problem arises. However, most well-run non-profit organisations know that ongoing legal representation is an important part of their overall strategy. Additionally, as new opportunities develop, experienced legal counsel can provide the advice necessary for the long-term benefit of the non-profit organisation.

At Zolomphi Lawyers we are proud of our commitment to serving the legal needs of foundations, non-profit companies and organisations. We provide comprehensive counsel to a wide array of clients.

We provide a wide range of commercial and business advice to clients ranging from start up business to large public companies. We work both as outside “preferred counsel” to companies without an in house legal staff and as a partner with in house general counsel and legal staff.

We strive to bring a constructive and imaginative outlook to business transactions, believing that clients require soloutions, not just legal analyses of their problems.

We know how to accomodate simple transactions efficiently as we as those that require a significant degree of substantive talent. Issues involve incorporation and formation of other business entities, corporate governance, compensation, re-capitalization and the structure and terms of contracts for the sale and distributions of products and services, including distribution agreements, agency relationships, requirements contracts, technology licenses, manufacturing agreements and supply contracts

Our strong foothold in the academia places us in a unique position as a practice that is research informed. Our ethos is that a practice that is not research informed has difficulties forecasting market trends and global developments in the law. This we has in-depth experience in curriculum development in our areas of expertise for from under graduate to post graduate levels as well as certificated short courses.

We understand the role banks must play in the community, the needs they serve, and the special difficulties they face as they compete in today’s increasingly complex marketplace. We have a deep appreciation for the array of issues confronting our banking clients as they deal with rapidly changing competitive, technological, and economic environments

Providers of healthcare services operate in a more complex legal environment than virtually any other business and are subject to stringent criminal and civil sanctions for business practices that would often be legal in other industries. We serve our clients with the specialised knowledge and experience in a wide range of legal problems facing healthcare providers.

We provide our clients with insurance coverage counseling and advice on a wide array of issues, ranging from assessments of coverage for particular losses and representation in coverage disputes to providing help with assembling a coverage portfolio and formulating favorable policy language when insurance is being purchased or renewed. We also advise regarding the insurance assets being transferred in corporate transactions, with tax planning in connection with insurance payments or recoveries, and with alternative underwriting programs, such as captive insurance entities.

We advise multinational corporations, individuals and organisation on a broad range of international trade and investment laws and programs affecting domestic and global imports and exports of goods and services locally and internationally.

We advise clients on various aspects of international commercial law such as international insurance, international sale of goods, carriage and supply of goods, financing of international trade, resolution of commercial disputes and enforcement of international arbitral a wards among others.

The media is awash with news of occupational or work related accidents or industrial accidents or collapse of buildings frequented by the pubic not just in Malawi but also globally. However such incidents are rarely conceived as occupational injuries or fatalities and blame is easily laid at the doorway of handymen such as drivers or machine operators and not management. This shields management from responsibility and fails to provide incentives for improving health and safety systems in organisations. It also obscures the scale of the problem from policy makers.

Our approach is that protecting the health and safety of employees or members of the public that may be affected by occupational activities is an essential part of risk management which must be led by the board. Failure to include health and safety as a key business risk in board decisions can have catastrophic results. Many high-profile safety cases over the years have been rooted in failures of leadership. Health and safety law places duties on organisations and employers, and directors can be personally liable when these duties are breached. Members of the board have both collective and individual responsibility for health and safety. We are well placed to advise on any aspect of health and safety at corporate, individual and state levels. No brief is too complex for us to unpack.

Our view is that healthy workers contribute more towards productivity, efficiency and quality in the work place. Lost time due to work related injuries, fatalities have a negative effect on a firm’s productivity and growth. This in turn affects the national economy in a wider sense. Our approach to health and safety is the put prevention before compensation. To this end we advise an array of clients on how to comply with health and safety laws and where claims have arisen we undertake legal representation that ensures cost effective resolution without compromising quality and results for our clients. We also under take research and advocacy on occupational health and safety.

It is our firm belief that a reduction of human, social and economic costs of accidents and ill health borne by the workforce will not just bring huge financial savings but also increased productivity and quality for in the firm. The total economic losses due to occupational illnesses and injuries are enormous. Such losses are a serious burden on economic development. Thus, apart from health considerations, the improvement of working conditions is a sound economic investment. Our approach is informed by this conviction.

Technological developments have had an enormous impact on telecommunication. In any firm a sizable portfolio of its assets comprises its intangible assets such as intellectual property. We advise on a broad range of telecommunications-related commercial, transactional, regulatory, and infrastructure matters. Ares of focus include Broadcasting regulation, Product liability and regulation Licensing and distribution ,acquisition, enforcement and commercial exploitation of IP assets, Technology transfer, outsourcing and licensing agreements, Finance and investor relations, Technology and intellectual property portfolio strategy analysis, IP litigation and registration.