Advocacy and Legal Ethics

ADVOCACY AND LEGAL ETHICS
COMMUNICATION SKILLS
Communication should be effective. Effective communication involves understanding the

information being shared and sharing information of your own. This is a vital skill for a lawyer
to possess. A lawyer may need to communicate with the following on a daily basis:
 Clients (whether lay or professional)

 Other lawyers
 Other professionals in different fields
 Witnesses (regular witnesses and expert witnesses)
 Colleagues at work
 Judge
 Public
 Court staff
 Law clerks
 Police officers
It is important to understand who your audience is and communicate accordingly. Failure

to establish a good rapport with a client may make the client unwilling to communicate or
share some information that may be critical to the conduct of the case.
Methods of Communication
The following methods can be applied in communication:
 Letters
 Emails
 Written opinions
 Telephone
Principles of Communication for Lawyers
Sedinam Botwe | 2022

1. Work hard to make it sound effortless. Good writing takes painstaking preparation
and refinement. The more a person practices their writing and communication skills,
the more their work appears to be smooth, effortless and easy. Lawyers should employ
language that is simple, direct and effective.
2. Do not be pompous. Communication is wasted if it is not understood. Long and

complex sounding language only obscures the point you want to make. Make sure that
the language you choose helps the client or the judge better understand the point
you wish to express. If the writing makes you feel good but does not help the client,
then it is probably unprofessional.
3. Decide what you want to say before you start. It is important to read all the
documents at your disposal that are necessary for the communication before you
begin making that communication. If you are unsure from the documents what points
to express, research can help. Background research always helps in ensuring that
whatever communication is made is done effectively and efficiently.
4. Decide on who you want to influence to do what with your communication. Who is
your audience and what is the objective of your communication? A lawyer must think
about what his client is most receptive to and tailor his communication to the client in
that regard. There must be an objective to which the communication must meet. The
communication must seek to influence the receiver of the communication. And the
objective is to address what you would like the recipient to do or what they should
expect to happen next, etc.
5. Plan the communication. The first step here is to identify who the target audience is
and what the communication seeks to influence them to do. Then the next step is to
check whether there are any legal and procedural constraints that exist. A lawyer
must also note the deadlines or dates they must meet. Next, the lawyer should
brainstorm ideas to help in the preparation of the communication, after which the
unhelpful, irrelevant or inaccurate ideas can be censored out or eliminated and
any gaps identified, filled. Next, the lawyer should allow themselves time for their
genius to work on the communication. After this, it is important to also plan the
order of the communication and how it is to be presented to the client.

6. Make it just right, not too short, not too long. It is important for a lawyer to know
when a long speech is required and when a short one is required and to know how long
is too long and how short is too short. When the communication is too long, it is likely
that the audience may not understand it and may simply move on to something else
or they may lose interest and their attention may not be focused on it. However,
where it is too short, people may have the impression that the lawyer may have
oversimplified matters or may be concealing some important matters from them
because of how short the communication may be. The lawyer must therefore find that
sweet spot or strike a balance between short and long and make the communication
just right.
7. Use short sentences, short paragraph and short sections. Being brief improves the
clarity of what you have to say and it helps the reader or listener pay attention.
There is advantage in brevity. Research has shown that most people are less likely to
pay attention to communication that is long and winding. For example, most readers
have agreed that it is hard for them to pay attention where the sentence runs on for
more than 2 lines, or where a speech drags on for more than 30 uninterrupted
minutes. And so where a lawyer’s communication is too long and winding, he may not
be able to achieve the objective he desires or influence his audience in the way he
would prefer. And not only does brevity help with holding the attention of the
audience, it also helps with clarity. It makes the point being communicated clearer to
everyone, including the lawyer himself.
8. Be assertive but not abusive. Be thorough but dispassionate.
Lawyers, like all other persons have emotions about certain facts, persons, events,
etc, but they must not let their personal beliefs and emotions carry them away.
They must be as thorough as possible and as professional as possible in a way that
demonstrates their preparation, consideration and understanding but they must
not get involved emotionally in the case. A lawyer may be tempted to use charged
language because:
 They over-identify with the client and feel some sort of animosity to the
other side

 They believe that using charged language or being emotional in the conduct
of the case will gain them some advantage for the client
 They misunderstand the professional role of the advocate.
A lawyer is bound by the rules of professional conduct, in Rule 90 of LI 2423 to avoid

communication that is abusive, offensive or otherwise inconsistent with the proper
ethics of professional communication from a lawyer.
Amegatcher states that, “Dispassionate politeness is the bedrock of the adversarial

legal system. A good advocate must keep his cool in the face of pressure and
provocation.”
Obeng v. Assemblies of God Church [2010] SCGLR 300
The Supreme Court in this case noted that the Counsel “put too much of themselves
into the case”. The Court noted that it was good to conduct cases with passion, but
too much of everything is bad. The Court admonished lawyers involved in the
preparation of statement of case for their clients especially at the Supreme Court to
be mindful of the following:
 Consider in proper context the grounds of appeal in relation to the facts of the
case and the law that is applicable. Serious efforts should be made to ensure
that Counsel does not deviate from the grounds of appeal and embark on an
excursion into uncharted territories which can sometimes lead one into a
minefield.
 Avoid abusive and insulting language not suitable for use in a court of law.
Counsel can still make their point strongly without the use of abusive or
insulting language.
 Finally, arguments contained in a statement of case must be made relevant to
the specific grounds of appeal.
There is also the case of Odonkor v. Amartei, where the court noted that counsel
should desist from making offensive remarks about the decisions of the lower court
under the guise of pointing out errors in their judgment.

In summary, a lawyer who seeks to communicate effectively, must work hard to make their
communication sound effortless, avoid pompous language, plan their communication,
make their communication as brief but as clear, precise, and accurate as possible and avoid
offensive or abusive language.
INTERVIEWING CLIENTS AND WITNESSES
It is important to note that litigation is a game played by lawyers to determine who the
winner is, and the results have real impacts on people’s lives. And to play to win, a lawyer
needs a good game plan. A good game plan starts with a good structure for the client
interview. The structure has to be sufficient to enable the lawyer derive all the
information required to help the lawyer win the game.
The interview is always important because this helps the lawyer uncover the information
from his client that is necessary to the case. A lawyer must therefore have a good interview
structure to enable the lawyer extract all the relevant information.
A good interview structure will help the lawyer:
1. Know what gaps are lacking in the information he already possesses and how to fill
that gap with the right question.
2. Evaluate the information obtained to determine whether or not the client has a valid
claim or defence.
3. Determine the admissibility, reliability, or sufficiency of the information gathered
from the client.
The interview process may take several sessions depending on the issues involved. And as
solicitors spend half their time interviewing clients and witnesses, it is important for them to
perfect their interviewing skills.
The first interview is usually the hardest since the lawyer now has to build a rapport with the
client and make them feel comfortable enough to divulge all the necessary information.
The first interview helps the lawyer formulate a theory of the case and give the initial
advice that the client may need. It also helps the lawyer work out a strategy for the

conduct of the case and removes prejudices that the client may have formed concerning
the lawyer due to a previous unpleasant experience with a lawyer. In addition, the lawyer is
able to identify the client’s goals, gather information to realize those goals and decide on
the appropriate means to implement those goals.
Why Interview a Client or Witness?
1. To obtain information necessary to the case or transaction

2. To enable the lawyer formulate a theory of the case and give initial advice which
the client may need in the moment
3. It helps the lawyer work out a strategy for the future conduct of the case
4. It helps to remove prejudices in the mind of the client or witness formed as a result
of a previous unpleasant experience with a lawyer.
5. To gather the goals of the client, information needed to realize those goals and
work out solutions appropriate to implementing those goals.
Preliminary Matters
As a lawyer you will need to discuss the following preliminary matters with the client before
proceeding to a detailed investigation of the facts:
1. Fees
The lawyer must let the client know how much the services will cost. In the case of
GIHOC v. Tamakloe, it was held that when instructed by a client, a lawyer or a law
firm is required to discuss, negotiate and agree with the client the fees payable
within the range provided in the Scale of Fees and then execute a written retainer
agreement, engagement letter or fee paying agreement detailing the scope of legal
services to be performed, the fees and expenses to be charged and the possibility
of a refresher fee if the assignment goes beyond the anticipated time frame for such
cases. This is in accordance with Rule 16(3) of LI 2423.
2. Confidentiality

The lawyer must reassure the client that whatever information disclosed in the
interview and subsequently in the course of representation remains confidential. See
Rule 19 of LI 2423
3. Potential conflict of interest
The lawyer must inform the client about an existing or likely conflict of interest,
where it has been identified and inform the client on the implications of the conflict
of interest and where the situation is one where the client can consent for the lawyer
to act, the lawyer should grant the client the decision to make the choice,
otherwise, the lawyer must decline the brief. Also, the lawyer should inform the client
that where in the course of the representation, a conflict of interest arises, they may
have to withdraw representation, depending on the circumstances.
4. Taking possession of the client’s documents and tell them what documents you will
need.
How to Conduct a Successful Interview
1. PREPARE. Gather all the necessary instruments and documents, prepare the
meeting rooms and ensure that everything is done to make the client feel
comfortable enough to divulge the relevant information. Amegatcher even suggests
that there must be a box of tissues on the table.
2. Allow the client to explain what their concerns are
3. Identify the client’s goals and the priority of the goals in their mind
4. Elicit relevant information and distinguish this from irrelevant information.
5. Use appropriate questioning techniques to do the above. Asking the right questions
helps the lawyer elicit the appropriate information.
6. Determine whether further information is required, whether from the client or
from another source.
7. Identify possible causes of action and the legal/non-legal consequences of going
through with that cause of action. For example, where the facts can either give rise

to claim in torts or criminal law, evaluate what the consequences are for instituting
the action either way and obtain the client’s view on which way they would prefer
to proceed with the matter.
8. Assist the client to make the decision regarding the best cause of action. Explain
the legal consequences to the client and help them make an informed decision on
what cause of action they would rather pursue, given previous court decisions and
industry best practices.
9. Accurately record the interview, confirm the instructions, and confirm the action
that needs to be undertaken.
10.Establish a professional relationship with the client and deal with any ethical issues
that may arise when advising the client.
Solicitor’s Attitude to the Client during the Interview
1. The lawyer should introduce themselves to the client.

2. The lawyer should make the client feel at ease
3. The lawyer should listen attentively to the client
4. Give the client opportunity to ask questions
5. Explain any issue that the client may raise as clearly and as nearly as possible
6. Allow the client to make the final decision.
PRINCIPLES OF INTERVIEWING
1. You, not the client, are in control: This is also called “Staying in Control of the
Process.” Staying in control of the process means that the lawyer must ensure that
ample discussion has taken place, and where there are choices to be made, the
lawyer should identify at what point these choices need to be made and must
present the choice to the client, when it needs to be made for the client to make
the final decision.
2. The client, not you, makes the decision: This also called, “Empower the Client.”
This does not mean that the lawyer should abdicate their professional responsibility
or deny their expertise to the conduct of the interview. The lawyer remains the
expert in control of the interview process, but when a choice needs to be made, the
client should be the one who gets to make the final choice after being properly
advised by the lawyer on the implications of the choice.
3. Understanding the psychology of the client: A lawyer must understand the basic
human needs and tailor his career to meet the needs of the client.
Maslow’s theory of needs is important here. Every human being has been identified to
have certain needs which must be fulfilled. The first, most basic category of human
needs is the class of biological or physiological needs, i.e., food, water, shelter, etc.
Next, a human being whose basic needs are met will have safety or security needs,
where they require a need to feel safe and protected in their environment and to have
predictable boundaries. Next come the love and social needs. Human beings are social
animals and so they require love, a sense of belonging and a community, or
companions and friends. After this, human beings require the need for esteem. They
may need to feel respected and recognized in their societies. The last need on the
hierarchy of needs is the need for self-actualization, i.e., the need for a person to find
meaning or fulfillment of some dream or higher purpose in this life.
A lawyer who understands how this works, can employ it in his interview to enable him
extract all the relevant information he may require for the conduct of the case.
4. Developing a preliminary theory of the case: Litigation is usually conducted

according to a general strategy or plan that the lawyers call a theory of the case.
The theory of the case is meant to answer questions on the central issues of the
case, the position of the client on central issues, how the lawyer intends to justify or
explain the client’s position to the court, what evidence is necessary to do that,
which witnesses are necessary, the approach to be conducted against the
opponent’s witness, and the type of arguments that the lawyer intends to advance
at trial.
And so in the course of the interview, the lawyer must keep in mind that the
information he is seeking to elicit must help him to generate a theory of the case
that is coherent, comprehensive and explains all the known facts of the case in a
manner that the courts will be persuaded by.
5. Giving preliminary advice: The lawyer, in the interview is required to let the client
know what their understanding of the issue is and what role the client will be
expected to play in the whole process. The lawyer may also render preliminary
advice that answers the questions of the client concerning the claim or defence
they may have, the length of time it may take to finalize the case, the cost of
representation, the strength of their case and what they can do to assist the
process.
6. Concluding the interview: A lawyer should aim to conclude the interview in a manner
that ensures that he establishes a rapport and a professional relationship with the
client. The client should feel the empathy of the lawyer and be assured of the
confidentiality and the competence of the lawyer to handle their case.
Facilitators of Communication
It has been identified that there are some factors and circumstances that may facilitate
interpersonal communication. Lawyer may apply these facilitators of communication in the
process of their interviewing as way of enabling them derive the maximum benefit from the
interviewing session.
The facilitators include:
1. Conveying empathetic understanding: Empathy is merely identifying with another

person’s experiences and feelings and putting yourself in their shoes. It is
important to convey empathy because it enhances communication and makes them
feel more comfortable talking to you. A person may convey empathy by:
 Allowing the client to talk without unnecessary interruption
 Maintaining appropriate eye contact
 Being closely attentive to what they are saying and their body language or
other non-verbal cues
 Encouraging the client to express their feelings, thoughts, needs, interests
and concerns
 Making responsive statements that acknowledge their feelings and concerns
 Refraining from asking questions about sensitive matters until a rapport has
been established
 Expressly stating a willingness to help the client in whatever way the lawyer
can
 Engaging in what is called active listening.
Inhibitors of Communication
Just as there are facilitators of communication, there are also certain things that may inhibit
communication. They are:
1. Fear of embarrassment or fear of hurting the case: Some clients come to lawyers
with legal problems that are personally embarrassing and cause them to feel shame
or guilt. They may also be afraid to reveal certain information because they fear that
that information may damage their case. However, whether or not the facts are
embarrassing or the client fears that it may hurt their case, the lawyer needs to be
aware of the facts in order to properly and effectively represent the client. And so,
the lawyer must try as much as possible to elicit all such information so that they
can adequately prepare and effectively represent the client.
2. Anxiety, tension, fear or trauma: These things may inhibit the client’s willingness to
communicate with the lawyer and disclose important facts that are necessary to the
effective representation of the client. A lawyer may deal with this by drawing on the
facilitators of communication. A lawyer should show empathy, establish a rapport
with the client, employ active listening and encourage them to communicate
despite how they may be feeling.
3. Etiquette barriers and prejudices created by social norms and conventions:

Sometimes a client may be uncomfortable talking to a lawyer concerning certain
matters due to the etiquette barriers grounded in social norms or conventions. For
example, the gender, age, social or economic status of a client may inhibit them from
properly communicating with a lawyer on special matters due to the lawyer’s gender,
age, social or economic status. E.g., a woman client may not be comfortable
discussing the particulars of unreasonable behaviour as a ground for divorce with a
man divorce lawyer.
In such cases, the lawyer should tactfully acknowledge the existence of the barrier
or prejudice and if necessary, discuss the differences with the client and then assure
them that lawyers are accustomed to handling such matters with the
confidentiality, respect and sensitivity that is required.
4. Different conceptions about relevant and irrelevant information: A client often

approaches the lawyer with a preconceived idea of what is relevant and what is not
relevant and so they may not disclose certain facts because they view those facts
as not relevant to their case. The lawyer should deal with the conceptions of what is
relevant and what is not. And encourage the client to share all available
information.
Different Types of Clients that the Lawyer May Encounter in the Interview Process
1. The Passive Client: This type of client is indecisive and not prepared to make any
decision without confirmation from the lawyer that he is taking the correct cause
of action. The client must always be the one to make the final decision and not the
lawyer. A lawyer can handle such a client by effectively communicating to them the
full range of options available having explored the client’s needs, fears and
expectations. Encourage them to decide.
2. The Belligerent Client: This type of client is aggressive in nature. He usually has
decided what outcome he wants before conferencing with the lawyer and is usually
in a fighting mood. “ I am determined to have my day in court!” A lawyer can deal
with such a client by analyzing the legal position and the consequences before
pursuing the client’s intended cause of action. He must draw the client’s attention to
matters that he has not considered and the consequences of the line of action that
the client intends to pursue.
3. The Dogmatic Client: This type of client appears at the conference having reached
the decision about what he wants to do already but which unknown to him, may be
potentially damaging to his cause. E.g. I want to plead guilty and get it all over with.
To deal with this type of client, the lawyer should ensure that the client makes the
decision after analyzing the legal position, all options available and the
consequences that will flow from the decision.
4. The Amateur “Lawyer”: This type of client has read about or studied some subjects
in school that relate to law and so they may think that they understand the law
applicable to their matter and may try to advise the lawyer as to how they should
do their job. The lawyer is required to explain to the client that even though he is
acting based on the client’s instructions, it is the lawyer’s professional duty to
handle the case in accordance with the law. The lawyer should also summarize the
legal status of the case to the client to help the client appreciate the case better
and make a more realistic decision.
5. The Distraught Client: This type of client is overwhelmed, perplexed, distressed or
distraught by their emotions due to the nature of the case. They may come in crying,
or unable to control their bursts of anger. The lawyer may handle them by asking them
to regain composure or helping them recover composure. The lawyer can then
empathize with them and reassure them that the reaction is normal. After this, the
lawyer should explain to them what their assessment of the case is and encourage
the client to make a rational decision. Where they are too emotional to make a
rational decision, then the lawyer may adjourn, fixing a new date for the conference
where they can make a rational decision.
6. The Client’s Friend: Where the client is unfamiliar to the legal situation they may be
involved in, they may come along with a friend to see the lawyer. They may even
expect the friend to give instructions and participate in the conference. The lawyer
should remember that he takes instructions from the client alone and no one else
and that it is the client who will give evidence, if they choose to, not the friend.
Where the friend is a potential witness, the lawyer should explain the rationale behind
the conference to the client and his friend and explain that it will be in the best
interest of the client for the lawyer to listen first to the client’s version of the case
after which the friend will also be given the opportunity to explain his version as
well. Where the friend is not a potential witness, the lawyer should explain that it
would be preferable for the lawyer to hear firsthand, the client’s own version of
the case.
LISTENING SKILLS
The main purpose of listening is to gather information. The ability to listen and question
effectively is central to the interviewing process. Clients respond better when they are
being listened to and feel like the lawyer takes them seriously. Listening affords the client
the opportunity to also blow off steam while narrating the story and disclosing necessary
information to the lawyer for the conduct of the case.
Kinds of Listening
1. Passive Listening: This kind of listening allows the client to speak without any
verbal indication to the client of the lawyer’s response or understanding of what is
being told. The aim with this kind of listening, is to let the client be in control and
tell the story as fully as they possibly can. The client is given the opportunity to
narrate their story with little to no interference whatsoever. The lawyer listens to
the client in silence. The concept is to give the client time to gather their thoughts
and lay out everything that is on their mind. The silence of the lawyer allows the
client to speak freely and at a pace they are comfortable with. While listening
passively, the lawyer should not fidget or look at his watch as this may indicate that
he is bored or is not paying attention to what the client is saying. The lawyer should
simply ask an open-ended question like, “What happened?” and avoid interrupting
the client’s account of the relevant facts. A long silence from the client may be their
way letting the lawyer know that he has finished telling the story.
2. Responsive listening: This is a slight modification of passive listening. With

responsive listening, the lawyer makes short interventions or noncommittal
interjections to encourage the client to keep talking, eg. A nod, an “mhmmm”,
“okay”, “I see”, etc. The purpose is to reassure the client that the lawyer is paying
attention as complete silence in passive listening may create the impression to some
clients that the lawyer is not following or does not understand.
3. Receptive listening: This is an overlap of passive and responsive listening. The

purpose of employing receptive listening is to show that the lawyer is listening,
understands the story, and is supportive of the client’s position. This helps to
convey empathy which will in turn help the client open up more and be more
confident. This is done by interjecting with statements like, “Oh I understand”,
“I’m so sorry,” “This must be quite upsetting.”
4. Active listening: This is an enhanced method of communication by which the

listener is highly attentive to the complete content and the feelings expressed by the
client in their verbal and non-verbal communication. The active listener beside
listening, accepts and acknowledges to the client that that they are non-judgmental of
the thoughts and feelings expressed by the client by making certain reflective
responses which mirror what the speaker is saying or feeling. It also helps to
convey more empathy and an understanding of the case to the client.
How to employ active listening to enhance communication:

 Allow the client to tell their story and avoid unnecessarily controlling the
conversation
 Be attentive to the client’s non-verbal cues e.g., tone and volume of voice,
the pace of their speech, eye contact, gestures, facial expressions, and body
posture
 Acknowledge what the client is saying by using short prompts like, “That is
interesting, please go on.”
 Mirror what the client is feeling or saying by occasionally paraphrasing the

essence of his remarks.
An advantage of active listening is that it helps to develop a rapport between the

lawyer and the client. It is intended to enable the client to talk openly and fully
about the problem and to show that the lawyer appreciates the torment that the
client may be going through. However, a lawyer should be careful not to take over
the narration process at that stage under the guise of active listening. The aim is to
encourage the client to speak openly and freely without inhibition.
It is important to note that, no one listening technique is superior to the other. They
are all important and can all be applied during one interview. The question is when
they are to be employed and how they are to be employed.
QUESTIONING SKILLS
Questioning helps in finding out information from others. It involves a two-way process:
a. the questioner requests for information
b. the person being questioned provides the information.
Thus, if a question is asked properly, the correct answer is provided and if asked incorrectly,
then the information supplied is unlikely to be that which was desired.
In asking the question correctly, the appropriate language should be used. The questioner
should communicate his question to the person being questioned in such a way that the

person can interpret the information required. Therefore, proper language must be used.
The words used must be appropriate.
Use plain simple English in questioning.
Ask one question at a time. More often than not, lumping two or more questions in one
creates confusion.
Questioning Techniques
1. Leading questions: A Leading Question is one that suggests to the witness the
answer desired by the examiner. The question limits the information that is being
provided by the person being questioned, as it is the questioner who essentially puts
the information forward. It usually calls for a Yes or No response and assumes certain
facts not yet established. These questions are encouraged in cross examination.
A Leading Question asked in examination-in-chief undermines the witness’

credibility. It leaves the impression that counsel cannot trust the witness to tell his
own story. It allows counsel to give evidence himself, which is not his responsibility,
or function. It is for the witness to tell his own story to the court. As a general rule,
therefore, leading questions are not permitted when eliciting evidence in
Examination-in-chief.
Leading questions are allowed in some circumstances:
a) To establish a subject matter not in dispute (e.g., the name of the witness, their
residence) – “Your name is Kofi Antubam, is it not? Or Were you in Koforidua on
15th June 2022?”
b) To elicit an express denial from your witness to a fact in the other party’s
pleadings – “The Plaintiff alleged in his statement of claim that you were in
Koforidua on 15th June 2022, what do you have to say about that?”
c) In cross-examination. In fact, every question asked in cross-examination is

encouraged to be leading.

The use of leading questions does not really pose issues in examination in chief
currently, due to the introduction of witness statements and the seeming extinction
of the oral examination in chief.
2. Open-ended questions: This type of question allows the witness to give the broadest
possible answer to the question. It allows for narration and does not limit the
witness in terms of the scope of the answer. “Describe what happened on the day
in question.”
Narrative answers are generally more convincing than fragmented testimony

prompted by closed questions.
The open-ended question is a useful tactic for gathering information because there
are fewer limitations on the person being questioned. It allows the witness to tell
the story in their own way and helps them to determine what is important to them.
There is the risk that the witness may veer off the answer into disclosing
unnecessary information. Counsel can gain control of the witness by polite
interruption and asking him a particular question to refocus him. Open-ended
questions should generally not be used in cross-examination because a witness should
not have the chance to explain his answers.
3. The Closed Question: These types of questions limit the scope of the answer of the
witness. E.g., what colour was his hair?
These questions are useful when seeking to elicit a particular piece of information
or precise detail from the witness.
The danger is that there is no opportunity to explain the subject matter of their
answers. And so this can be good or bad depending on the circumstances within which
the question is being asked. It is also likely that a witness may feel frustrated with a
closed question and so may attempt to dodge the answer.
4. The Transition Question: This type of question moves the witness from one topic to
the other. It is a useful way to structure the testimony, controlling the witness and
pruning irrelevant details at the same time. “After this happened, did you interact
with the defendant again?”
5. Point of Reference: This technique includes facts that have already been disclosed by
the witness. It helps to provide context for the question and it is good to emphasize
an important fact, obtaining greater detail and controlling a witness, while
providing the transition. E.g. What happened directly after you heard Ama scream?
When you said that he left, who were you referring to?
6. The Yes and No question: This is a type of closed question where the answer is yes
or no. It is useful where counsel is seeking to obtain precise details. It is also useful
where the lawyer is trying to compel a witness to admit or deny a particular fact in
issue. However it is likely that the answer may not be complete or truthful because
the witness does not have the chance to explain their answer, and there are some
questions that cannot be answered with merely yes or no. “You were in Kumasi on
15th June 2022, were you not?”
7. Alternative question: This type of question is a closed or semi-open question that

gives the person options to choose from. The answer given may be either a short
sentence or a single word. Not likely to be used in cross-examination due to
speculative nature. It can be used to draw emphasis or seek clarification in some
circumstances. This type of question can lead to arguments where the witness feels
the option provided is not appropriate. “Did you have coffee or tea for breakfast
that morning?”
8. Rhetorical question: Used to achieve some dramatic effect. Used to test the
demeanour of the witness. “Do you not love Ghana your motherland?”
NON-VERBAL COMMUNICATION
The art of conveying meaning without using words. This does not include writing, or any
other form of communication involving the use of words. It can be transmitted or received by
visual, auditory or tactile means.
Types of Non-Verbal Communication
1. Facial expressions: It is quite easy to tell whether or not a person is listening and
agrees with you, by virtue of the expressions on their face when you make the
statement. Usually, when persons have a smile on their face, it connotes that they are

following the statement and are likely to agree with what is being said. However,
when a person is listening and has a frown on their face, it is most likely that they
do not agree with what is being said or they do not understand the point that the
speaker is making. A lawyer can tell how well his case is going simply by the
expressions on the face of the judge or the jury.
2. Body posture (arm movement and hand movement, leg movement, hand shaking):
A lawyer must always have good posture when questioning a client or a witness or in
court. A sloppy posture is usually interpreted to mean a lack of confidence, same
with fidgeting while talking or looking down and away. The lawyer should lean
toward the client and establish eye contact to signify interest or hold their head
slightly to one side. A lawyer can even tell when a judge is interested by the posture
of the judge and his body movements.
In the South African case of The State v. Mathlaga, the accused had robbed and killed
the deceased but there was only a single witness to the case. When the single
eyewitness was called, the accused’s usually upright posture had changed. He
lowered his head such that he could not be seen by the witness. His own counsel
could not get him to sit upright, and the court had to order him to do so. He was
convicted and his demeanour formed one of the reasons for the conviction, since it
indicated that he had something to hide.
3. Arm, hand movement and leg movement
Folded arms or crossed legs may indicate barrier and affect the flow of
communication between a lawyer and a client or witness. It may also demonstrate
hostility, defensiveness and a lack of confidence. Clenched fists may also indicate
that the client or witness is angry or tense. Arm movement may portray whether the
person is relaxed, tense, nervous or lying.
Hands on the hips may also suggest aggression. An open palm on the other hand may
suggest sincerity or honesty, but a pointed finger could be interpreted as a warning
sign. Where a client or witness or judge or juror rests their head on their palm or hand
it may mean that they are bored or tired or have lost interest. Research has also
shown that a large number of people tend to fidget or smile when they are lying. It is

important to note that these are mere indications and do not warrant jumping to
certain conclusions on these grounds.
Leg movements that are frequent may indicate that a person is uncomfortable or
restless.
4. Handshaking: A firm handshake may indicate confidence and openness.
5. Gestures: People may make certain gestures with their hands and other body parts as
a means of communicating with others. Usually, a wave of the hand in a certain
manner could indicate that a person has heard enough or is bored and tired of what
is being said. Lawyers should keep an eye out for such gestures from their clients,
their judges or jurors and the witnesses.
6. Eye contact: Maintaining eye contact shows that the lawyer is confident in what he
states. Eye contact may even contribute to building a good rapport with the judge or
the client. It is however important to note that in some cultures, eye contact may be
interpreted as rude, while in others, it is interpreted to mean confidence and
resilience. Eye contact is especially effective when it comes to extracting
information from a client or witness. In the case of The State v. Mokgogo, where the
accused together with his accomplices shot and hijacked a car, killing the deceased
and a mother, the accused produced an alibi to the effect that at the material time he
was watching soccer. He even described the match vividly with the score as a way to
convince the jury. However, during cross-examination, the lawyer fixed his gaze
squarely on the accused and asked him who had scored the winning goal. The
accused, intimidated by the eye contact, facial expression changed from anger to
surprise and then anxiety, after which he admitted that he was not there and that he
told the story based of what someone else had told him. He was convicted
accordingly.
7. Touch: Touch may be an indicator of how a person feels about a particular subject
matter. Some persons may gently touch the sleeve or pat the shoulder of another as
a way to reassure them or to show that they are still listening and that they are
empathetic.

8. Space: An important component of body language is the space that a person may
maintain between themselves and another person. It is usually the case that persons
maintain more space between themselves and someone else where they are
uncomfortable with the other person’s presence or where they simply do not like the
person. But where they like the person’s company, there is not much space between
them. This may be helpful to a lawyer in a client interview.
9. Voice: The tone and volume of a person’s voice are also an important non-verbal cue
as the tone and volume can help determine whether a person is scared, angry or shy.
NB: The superior body posture. It is important as a lawyer not to adopt a superior body
posture around a judge or even a client, i.e., a posture that shows or suggests superiority.
This may come across the wrong way and make the lawyer seem insolent. An example of a
superior body posture is leaning back and putting one’s arms across the back of their head
when talking to a client or a judge.
Advantages of Non-Verbal Communication
1. It helps the lawyer gauge his audience to detect what to say and how to say it.
2. It helps the lawyer assess his witness and his submission to see whether it is finding
favour with the judge or jury.
3. It helps the lawyer to apply variations in length and styles of presentation in order
to capture and recapture the interest of the judge or the jury.
PRECONCEPTIONS
A preconception is an opinion or an idea that is formed in advance of a person before

meeting them. It is not based on experience or actual knowledge. It is an anticipation of
fact before actual knowledge. Preconceptions are usually triggered by factors like
upbringing, and senses (i.e., what they see and hear).
Preconceptions may be either positive or negative. We often classify people before we meet
them based off their looks, ethnic origin, colour, sex, religion, material wealth, etc.
Classifying people off these things may lead us to often discriminate against a person.
Preconceptions may affect a person subconsciously and consciously. It may affect your
communication and influence your communications and how you treat people. It may even
influence the tolerance level you may have for a person, the way you behave around them
and the products you buy and the relationships you make.
People tend to rely on their preconceptions because on certain occasions, their original
assumptions turn out to be right and so they use those previous experiences with completely
different people to justify their preconceptions and reinforce their differential treatment
following from the preconceptions.
Where a lawyer relies on preconceptions heavily, the lawyer is more likely to communicate
poorly with the client and eventually lose the client’s confidence.
Dealing with Presumptions
The first step is to recognize that preconceptions are real and that they affect everyone.
Secondly, learn to differentiate between an assumption and actual knowledge. And be sure
to evaluate your conduct so you can distinguish between circumstances where you are
treating a client or witness a certain way because of an assumption you have made off a
preconceived notion of them and where you are treating the client or witness a certain way
because of actual knowledge you have on them.
A lawyer should learn to recognize their preconceptions and not let them influence the
lawyer to the extent of making unjustified findings.
THE ADVOCATE AS A STORYTELLER
The process of litigation must result in the resolution of a dispute between the parties. And
to have the dispute resolved in their favour, each side must ensure that they persuade the
judge or jury to accept their version of the facts as the most accurate. The parties must do
this through the processes of an opening address, examination-in-chief or witness statements,
cross-examination, re-examination, and a closing address. At the end of the entire process,
the person who tells the most persuasive story is the one who is most likely to win.
For this reason, it is important for a lawyer to master the art of storytelling, as the ability to
tell a story in a lively and convincing manner is an important element of persuasion. Usually,
it is the stories that are most plausible, enjoyable, and worthy of belief that win the mind

of the judge. Even the pleadings must lay out the story in the most plausible and persuasive
way.
Lawyers tell stories in their pleadings, in their written submissions, in their oral submissions,
in the way they cross-examine witness, their opening statements and their closing
statements. And in telling your story to the judge to win your client’s case, you as a lawyer,
are bound by the rules of procedure, evidence, and substantive law.
To tell the most persuasive story, a lawyer must always bear in mind at whatever stage the
proceedings are, whether or not there is an element of storytelling required at that time.
An advocate should aim to transform a major part of the proceedings into a well-told story
in order to play into the impulse of the trier of fact to listen.
Characteristics of storytelling
A persuasive story should have the following characteristics:
1. It is told about people who have reasons for the way they act.
2. It accounts for or explains all the known or undenied facts, i.e., the story accounts for
the known or undenied facts.
3. It is told by credible witnesses.
4. It is supported by details
5. It accords with common sense and contains no implausible elements.
6. It is organised in a way that makes each succeeding fact, increasingly more likely.
Plausibility is a good foundation for storytelling.
But to be plausible the evidence given at the trial must make sense in both human and
legal terms. It is not enough to call witnesses to say that they saw a defendant crash into rear
of plaintiff’s car. To be plausible, the story should explain why it happened in a manner
that can be easily believed in court.
And so the advocate’s task when preparing for trial must conceive and structure a true
story comprising admissible evidence and containing all the elements of a claim or defence
since that is most likely to be believed or adopted by a trier of fact. To be able to carry
through this process successfully, a lawyer must be able to imagine a series of alternate
scenarios, assessing each scenario for clarity, simplicity and believability until the advocate
is able to tell the perfect story.
MEANING AND FOUNDATION OF ADVOCACY
Advocacy involves convincing or persuading others. It is an art. A key aspect of advocacy is

the ability to persuade. Advocacy generally cuts across various fields of endeavour, like
commerce, finance, labour, politics, etc.
In the legal sense, advocacy is the art of conducting cases in court through arguments and
the manner of bringing out your evidence so as to convince a court or a jury . Being an art,
it is a highly individualistic attainment. Each person must learn, themselves, how to be a
good advocate.
Advocacy must be developed through consistent practice. A natural aptitude and experience
alone does not necessarily guarantee that excellence in advocacy. Repeated practice is
essential to become better. Advocacy has its rules of technique which can be explained and
learnt.
And unlike law, knowing the techniques is merely the starting point. The techniques must be
used according to each person’s individual style.
THE QUALITIES OF AN ADVOCATE
In this history of advocacy, it has been found that the best barristers were persons who
combined their natural gift with practice. They mastered their briefs, knew the evidence
inside out and knew how exactly to handle a difficult witness and get the trier of fact to
see the case from their client’s standpoint. They were able to combine the following qualities
to guarantee them success in their lives as lawyers and in their presentations in court:
1. Practice and Industry: The ultimate goal of practice is to gain experience. Do not
miss the chance to learn from seniors who have made their mark at the bar.
Participate in debates, moots, and lectures to acquire the skill of persuasion.
Practice repeatedly. Prepare thoroughly for every case that comes your way. Work
hard.
A good lawyer must master all the facts and know his case inside out.
A lawyer must be prepared to forego the pleasures of private life at the most
inconvenient moments and for indefinite periods. It is a heavy price to pay but the
rewards are great.
Rule 6 of LI 2423: A lawyer shall provide competent representation to a client in the

form of legal knowledge, skill, thoroughness and preparation reasonably necessary for
the representation.
Rule 10: A lawyer shall act with reasonable diligence and promptness in
representing a client.
Rule 63: Advocacy
2. Tenacity: This refers to strength of character, determination, never giving up

despite the circumstances.
An advocate must only embark on a cause of action he is ready to justify and when
called upon to do so, must defend his action until he has exhausted all his proper
arguments in support of it.
An advocate is there to fight not to capitulate. An advocate should never allow

himself to be stopped by his opponent or Judge so that it appears he is only feebly
trying to support that which he knows to be unsupportable. Tenacity is necessary
where the lawyer faces a difficult witness or where the advocate encounters an
intimidating judge or jury.
3. Courage: An advocate must not be timid. When you face heckling or bullying in court,
stand your ground. If your argument is untenable be sure to abandon it. Be fearless
in championing your client’s interest. The advocate should be alert and on guard
throughout the case and know everything happening in the courtroom so that he can
make his arguments clear for the appreciation of the judge or jury.
4. Self-Control: Rules 11, 12 and 90 of LI 2423, enjoin the advocate to avoid improper
communication with his client, his fellow lawyers, a judge, a witness or anyone in he
course of his practice, whether inside or outside the courtroom. Avoid improper

communication in your professional practice. Do not be quick-tempered or easily
embarrassed. As was stated in Odonkor v. Amartei, the advocate should point out
errors in the judgment where they exist, but not insult the judges or the courts that
delivered that judgment.
5. Honesty: This is the most important quality to be attained in the course of your
professional life. It is the bedrock of a lasting and successful practice. If you make
any error, never be too proud to admit it. Be honest with your clients when there is
a conflict of interest. No matter the cost to your reputation, self-esteem and cost to
client, be honest. See Rules 35,41,56,57,61(1)(a), 62(a), 67, 76, and 91.
Section 27 of Act 32 – liability to pay costs where the proceedings are malicious or
without reasonable grounds or that the lawyer has deceitfully convinced the client
to enter or continue litigation.
Do not encourage your witness to lie under the guise of coaching and do not
cooperate with false witnesses.
6. Judgment: A good advocate should be able to discern and judge arguments,

situations and people. It helps to predict your opponent’s strategy, witness’ likely
responses and how to deal with these anticipated difficulties. Rule 47 of the LI 2423.
Professional independence of the lawyer. This skill is one that is generally acquired
by experience. HJ
7. Presence: This is the impression or influence made by a person’s bearing.

Competence in your field can help you gain presence. Look composed, like you’re in
control of what is going on from the beginning. Retaining composure despite the
proceedings can help a person gain presence and dominate the courtroom.
Punctuality is key to ensuring that you have the presence. Command attention from
whoever your audience is. Know your level. A combination of mastery of the facts, a
calm composure and a charming personality can help an advocate demonstrate
presence in the courtroom.
8. Language: It is essential for a good advocate to have a good command of the

English language. Not only must an advocate have a wide vocabulary but an eloquent
assembly of the words with good timing. Words are necessary for every stage of the
process, from the choice of words to use in pleadings, to the flow of the opening
statement, the phrasing of questions for an examination-in-chief, cross-examination or
re-examination, as well as closing statement. An advocate should be able to
articulate swiftly, fluently and clearly. Be brief, yet do not miss the required
detail. It is an advocate’s first duty to cultivate a free, eloquent and lucid style of
speaking.
9. Humanity: Advocates must know and understand their audience. Understand human
frailty and appeal to the humanity of the jury or the judge.
DISPUTE RESOLUTION: LITIGATION
The Opening Speech/Statement
This is the first opportunity of the advocate to speak directly to the trier of fact about
the merits of the case and the beginning of the competition to catch the trier of fact’s
imagination and attention. Mental image to be left in the minds of the jurors.
Seizing this opportunity can be a great advantage. Make a good first impression.
The Purpose of an Opening Statement
1. Explain to the judge what the case is about and to enable them to follow the
evidence
2. Indicates the case you intend to establish, how you intend to do so and with which
evidence.
3. Facilitates the process of persuasion.
4. Puts the judge in the picture so that the significance of each item of evidence will be
accurate to the judge when the evidence is produced. Remember that this opening
statement on its own does not constitute evidence.
5. The opening address is not an argument but an opportunity to outline the facts
intended to be proved. The emphasis is on brevity, simplicity, lucidity and logic.
6. Serves as an introduction to the rest of the case and makes it easy for the trier of
fact to follow what will come later.
7. Verdict is often influenced by the impressions made in the opening statement,
research shows.

It should be brief, simple, clear, logical, easy to appreciate and not argumentative.
Structure and Content of an Opening Statement
1. It should introduce the advocate’s role in the case and that of their opponent.
2. It should give a clear summary of the facts of the case, in a narrative form.
3. A clear statement of the issues between the parties, putting all the important parts of
the story in their proper context. There should be order and clarity.
4. A brief outline of the evidence of the witness. Couch the story in such a way that the
evidence is relevant and falls into place without argument and explanation. It should
be an enticing story which creates in the audience anticipation to hear the evidence to
come.
5. Contain brief points on the relevant law
6. Use appropriate language. Try not to read from a prepared text.
Order of Speeches
In a criminal jury trial, the prosecution usually gives the opening speech first. It is often
helpful to begin the opening speech with essential facts on which the prosecution will rely.
The contents should explain the counts on the bill of indictment or charge sheet, the facts
that led to the charges being made, the witnesses that the prosecution intends to call to
prove the charge and the evidence it intends to adduce through these witnesses and other
forms of evidence like exhibits.
A defence counsel’s opening statement on the other hand, will clearly state out the
elements of the offence and the duty of the prosecution to prove the elements beyond
reasonable doubt and that it is not the duty of the accused to disprove the charge or
prove his innocence. The counsel can then describe the theory of their case and invite the
jury to agree that until the only reasonable inference is that the accused is guilty, they
should not convict the accused.
Techniques in Delivering Opening Statements
1. Tell a simple, logical story with a clear beginning and end. While it is permitted to
appeal to the emotions of the audience, it must be a subtle appeal to their emotions
at this stage, as this may not come across well to some judges.

2. The statement should be interesting enough to capture the attention of the judge or
jury.
3. Be accurate, your statement should not differ from the testimony of your
witnesses. If a witness makes a statement contrary to what the lawyer stated that he
would say in the course of his testimony, this could be construed by the judge as an
attempt to deceive the court.
4. Avoid arguments and comments as this is likely to confuse the judge or jury and
may prejudice the case. The lawyer should allow the facts of the case to speak for
themselves by presenting the facts in such a manner that makes the argument clear
to the court.
5. Avoid complexity. It is harder to persuade people with complicated facts. The
simpler it is, the easier it is for them to understand and to be persuaded by the
opening statement and the rest of the story that the lawyer may want to tell in the
conduct of the case.
6. Avoid exaggeration. A good lawyer should aim for simplicity, conciseness, and
moderation in their opening statement as exaggerating may give the judge or jury
the wrong impression.
7. Do not overstate your case. The court is very likely to remember what a lawyer says
in their opening statement and the opposing counsel may be likely to comment on
matters mentioned in the opening statement where the case begins and something
does not go in accordance with the opening statement. In any event, it is better to
understate the case when in doubt.
8. Do not over elaborate. Timing is key. Do not disclose all your evidence in the opening
statement, but do not do ambush litigation. Avoid tying down the judge and the
opposing counsel down with too much detail such that they lose interest in the trial.
9. Sound sincere. Eye contact, avoid reading from a prepared text. Deliver with very
little reference to your notes, as this helps you sound more prepared and more sincere
about the nature of the case.
EXAMINATION IN CHIEF (DIRECT EXAMINATION)
The evidence that is given by a party or witness while being questioned by counsel for the
party who has called the witness is known as evidence-in-chief. Examination-in-chief is the
process of eliciting that evidence.

Examination-in-chief aims to present the evidence of the witness in a complete and
convincing form. It is the pivot of the entire case. It is essentially the opportunity for each
party to tell their story, and for the lawyer to present the substance of his case by eliciting
available evidence from his own witness to establish the facts on which the case rest.
It is the first opportunity that the court will have to assess a witness, and so the witness
will need to make a strong first impression on the court in order to outlast any attacks that
may be made in cross-examination.
Preparation & Planning for Examination-in-Chief
Two main steps are necessary:
a) Selecting the order in which the witnesses are called.

b) Selecting the order of the evidence to be elicited from each witness.
Selecting the Order of the Witnesses
The tips are:
1. Start with the witness who makes a very strong impression and finish with another
witness who makes a very strong impression.
2. Avoid calling witnesses whose stories are fraught with inconsistencies as your first
witness, as this evidence is especially vulnerable to cross-examination and because
they are the first, it is most likely to stick out the most to the trier of fact.
3. It is more advisable to start with the witness whose story is first in time. They can
give a better overview of the entire case, since their account of events is the first in
time. It is likely that this witness may be your client. It is not a rule that you have to
call your client or the accused as the first witness, but it is not preferable to call the
client or accused in the middle of the evidence. The client or the accused makes the
strongest impression on the court when he is either the first or the last witness.
4. Corroborative witnesses should be called as close as possible to the evidence that

they are corroborating in order to support and insulate that evidence.

5. Be wary of the temptation to over prove the case. Don’t call more witnesses than is
necessary to prove the case. Where 2 witnesses will suffice, don’t call 6 simply
because they are all available. The tendency for the witnesses to give slightly
different accounts of the story is high and because they are many, the opposing
counsel can easily highlight the inconsistencies between the various accounts.
6. It is preferable to call an expert witness either first or last, not in the middle. Due
to the weight that expert evidence usually carries, placing them at the very end or
the beginning, helps to emphasize the evidence that the other witness will be
coming to cite or have already cited and this creates a lasting impression in the mind
of the judge or jury, helping to better persuade them.
Selecting the Right Order of the Evidence to be Elicited from Each Witness
As already stated, the aim in every litigation is to tell a persuasive story to convince the
judge and the jury to decide in the advocate’s favour. And so, it is necessary to arrange the
story in the right order to ensure chronology, plausibility and persuade the trier of fact.
Orderliness and thoroughness should be the leading principles here. Testimony should be
sequential with each material detail being fleshed out properly before moving to a
different subject. Chronology and logic are important in the presentation of the evidence to
the trier of fact.
So for example, in a motor accident, the advocate should endeavour to order the testimony
of the witnesses this way:
 How did the witness come to be on the scene?

 What did he see of the movement of traffic before the accident?
 What did the witness see at the moment of the accident?
 What did the witness see and hear after the accident happened?
It is important to note that it is not every case that can lend itself to the strict
chronological presentation of witness evidence and so in such cases, the advocate is
advised to arrange the order of evidence in the order that feels most natural.
Written Preparation

When preparing for examination-in-chief, it is advised that an advocate does not write down
the questions that they intend to ask beforehand. This is because:
 Looking down to refer to the notebook will probably distract the advocate from the
answer given by the witness, in their anxiety to find the next question
 An advocate may also lose the vital opportunity to watch the witness, his reaction
to the question and the manner in which the witness is responding, as well as the
impression that the answer of the witness is making on the court.
 Reading from an already prepared text may also convey an impression of disinterest
in the witness’ story
 The already prepared set of questions may make it difficult to adapt the further
questions to suit the answer that the witness gives.
This does not mean that an advocate should not prepare for an examination in chief. Rather,
planning and preparation is vital and so rather than jotting down the exact questions to be
asked, the advocate can make notes of the topic that they wish to deal with, break the
notes on the topic down to sub-headings of what information they wish to elicit through the
witness. This allows the advocate greater flexibility and helps them to elicit the required
information better.
Questioning Techniques in Examination-in-Chief
The following types of questions can be asked in an examination-in-chief to elicit the required
information:
1. Open-ended questions
2. Closed questions
3. Transition questions
4. Point of reference questions
5. Leading questions (used sparingly).
Refreshing the Memory of the Witness
If a witness is having some difficulty remembering material facts, the lawyer should guide the
witness to it as closely as possible without leading the witness. A witness is allowed, in
accordance with the rules of evidence, to refresh his memory from a note made at the time

of the occurrence or shortly after it or if made by another where he saw and examined
contemporaneously the note. E.g., an audit report or a police officer’s notebook.
When a witness is referring to a memory refreshing document, it is important that the witness
uses it to recollect a specific past event and not to read out his evidence. He must also
confirm that he has such a memory refreshing document and that he made it himself and it
was made contemporaneously to the event that he is seeking to testify to.
Aims of Examination-in-Chief
1. To establish your case or part of it through the evidence of your witnesses.

2. To present the evidence supporting your case such that it is clear, memorable and
persuasive.
3. To insulate the evidence from attack in cross-examination. This is done by
anticipating questions that may be asked in cross-examination and pre-empting
them.
Techniques to Achieve the Aims of Examination in Chief
1. Remember the basics: Keep the objective in mind when asking your witness
questions. The main objective is to enhance the client’s case by establishing the
important facts on which the theory of the case depends. Ask yourself, Why are you
calling this witness? How can the witness contribute to the objective? Further, be sure
to elicit the evidence in a logical manner and break it down into intelligible pieces.
Ask only one question at a time and avoid muddled questions. The questions should
be as simple as possible and in plain English to get the desired answer.
2. Combine questioning techniques: Vary the type of questions asked. Too many open-
ended questions may run the risk of losing control of the witness and lead to the
witness saying things they should not which may open their testimony up to more
scrutiny that it ordinarily should be subject. Also, where the advocate asks so many
closed questions, this may create the wrong impression of the witness in the eyes
of the judge or the jury that the witness may have been coached or that the
witness is unfeeling and cold. A balance of all the types of questions is therefore
required to fulfill the aims of examination in chief.

3. Use your pace as an effective way to emphasize important evidence or to convey
the speed with which something happened: Questions asked at a rapid pace
enhance the intensity of the matter being testified to, while a slower pace of the
questions makes the situation more relaxed.
4. Make the connection: Don’t leave any loose ends, tie the evidence to the conclusion
you want the court to reach. Develop the specific facts and the conclusion that the
facts support, or elicit the conclusion and fill the supporting facts in. Always
establish the connection between the evidence elicited and its bearing on the case
of your client.
5. Repeat important points. The essential ideas that stand out as far more important
than the rest should be emphasized to the court. You may decide to ask different
questions but stressing the same point, since the rules of evidence will not allow you
to ask the same question twice. Repetition is the parent of retention.
6. Exercise control: Prune irrelevancies to the evidence. Control the witness by using
point of reference questions or closed questions. Where the witness begins to rush
or deviate politely bring them back on track.
7. Make use of visual aids: Charts, maps, photographs, sketches, or models are effective
ways of keeping the trier of fact engaged. Demonstrations of the event are also
effective visual aids, e.g., can you demonstrate to the court how he held the knife and
pointed it at you?
8. Know the answer before you ask the question: Avoid asking questions whose answer
you do not know as you can easily be taken by surprise and this may damage the
case. Do not put a witness in the box without first holding a conference with him to
know what his side of the story is.
9. Deal with the other side’s version of the story before allowing the witness to go:
Once the witness has established the part of the evidence-in-chief that supports your
client’s case, the witness must also comment on the other side’s version of the
story, in anticipation of whatever case they may tell later. This removes the element
of shock in cross-examination as the witness will be prepared to answer whatever
question the opposing counsel may have in relation to the evidence.
10.Keep your expectations realistic: A witness may not readily remember certain facts,
especially where they may have happened quite some time ago. The lawyer should
therefore be patient and avoid asking questions that require the witness to recount
events exactly or words spoken verbatim.
11.Complete the evidence: Anticipate all the holes that the opposing counsel may
attempt to poke in the evidence of your witness and fill in those gaps before the
chance to cross-examine the witness arises. This way the evidence is properly
insulated from attack in cross-examination.
12.Avoid bad habits: Avoid commenting on the evidence or giving your own opinion.
Avoid irritating habits like thanking the witness, or “ I see”, “wow”, “oh my God.”
Avoid asking questions like “do you know why you are here?”
CROSS-EXAMINATION
This is the process of examining your opponent’s witness. Your goal in cross-examination is
to advance your case and undermine the other party’s case.
Aims of Cross-examination
1. Advance your case: Find out the truth to advance your case
2. Undermine your opponent’s case.
And unless the cross-examination will serve any of these 2 purposes, then there is no
need to cross-examine.
How to Advance Your Case
1. Try to elicit a favourable testimony: This is a delicate function. Remember that not
all witnesses are necessarily hostile to your case. Be courteous and gently lead the
witness to the answers you need with leading questions. Apply psychology and tact.
Look for possible points of a consensus. Getting the witness to establish these points
of consensus could prove valuable corroboration.
a) Is there an area of consensus between the witness’ observation or collection and
that of my client?
b) Can the witness say anything that will assist or support my theory of the case?

c) Does the witness say anything which can be expanded on to assist my case?
Where there are parts that are damaging to your story, elicit the favourable parts,
then proceed to discredit the rest of the witness’ testimony. Try not to be
combative or dismissive with witnesses.
2. Develop your theory of the case: This involves putting to the witness every fact in
contention. Failure to do this may be treated as admission of those facts. No need
to use “I put it to you.” The more subtle way of achieving this result is to ask the
question this way, “It is the case that you…is it not?” If the witness does not agree
with that version of events, at least, you have the opportunity to introduce and
develop a theory of the case and prepare the way for your witnesses to give
evidence in support of that theory.
Undermining Your Opponent’s Case
1. Limiting the testimony: Stress on the things that the witness did not see, highlight
the absence of matters that the witness ordinarily would have been expected to see or
hear. Exploit the inconsistent gaps.
2. Discrediting the testimony: Show that the evidence is less true than it appeared to
be at the examination in chief. We are not seeking to destroy the witness here, but
to cut the foundations of the evidence away.
How to discredit the testimony:
 Testing the limits of the witness’ perception: Probe. What did you see? And
hear? What did you actually perceive? Was there any discussion that could have
influenced the witness’ perception?
 Test the witness’ memory. Dwell on the witness’ ability to remember the
details and his efforts to record them. Concentrate on time lapses and
circumstances that could affect his ability to remember.
Ask the following questions!
1. Did the witness have any particular reason for taking notice of the events
at the time?

2. Was there any reason to remember what happened?
3. Did the witness make any note or statement when the events were still
fresh in his mind?
4. How long after the event was the witness first asked to recall the event?
5. Has the recollection of the event by the witness been tampered with by
someone who suggested facts to him or her?
6. Did the witness perhaps hear another witness recount what they had seen?
7. Did the witness perhaps sit in while other witnesses were interviewed or
briefed by the opposing attorney?
 Test the witness’ powers of communication or appreciation: Probe the

witness’ ability to assess information especially of a technical nature.
3. Discrediting the witness: This involves showing that the witness is unreliable or
unworthy of belief. There are 3 ways to do it:
a) Discredit his conduct (he will contradict himself or another witness and it is up to
you to draw attention to it).
b) Show the inconsistencies in his testimony (get him to commit to his story and
close the door on himself, close all the gaps he might use to slip through that
position and contrast his answer with the previous statement.
c) Impeach the witness (show the witness’ bias/prejudice, prove that the witness
has an interest in the outcome of the case, a previous conviction, or bad acts
that the witness may have done)
How to Prepare for a Cross-Examination
1. The issues should be clear in your mind: Have an objective and keep it at the
forefront of your mind, so that every question that you ask is aimed at eliciting
testimony that advances your case.
2. Is it even necessary to cross-examine a witness? If the witness’ evidence in chief

does not damage your story, there is no need to cross-examine the witness. The
cross-examination of a witness whose testimony is not harmful to your case may even
lead to an answer that may actually damage your case. And so, unless it is absolutely
necessary, do not cross-examine a witness. And in any case, it is a great way to
destroy the impact of a witness’ testimony if you say, “No questions for the witness”
3. Look at the potential evidence with a critical eye: How does cross-examining the
witness assist your case? There must be a purpose to the cross-examination even if it is
only to put the case to the witness. Where there is no need to cross-examine, do not.
4. Don’t read from a list of prepared questions. Short, incremental and closely
sequenced questions are necessary. Start with points and how these points will serve
the purpose of the cross-examination.
5. Plan the questions in a logical manner. Elicit the favourable before the
unfavourable
6. Be polite but insistent on your answers.
The Order of Cross-examination
There is no restriction on the order in which cross-examination may be done. An advocate is

not limited to the order or the scope of the cross-examination. What matters is that the
advocate plans the cross-examination in a logical manner, starting and finishing with the
strongest point. Where possible, elicit the favourable testimony before the unfavourable
testimony.
Manner of Cross-examination
Be polite, but insistent on your answers. Refrain from badgering the witness or being
threatening or unpleasant. Adopt a business-like approach to the task, be formal, yet polite
and courteous.
The Quality of a Cross-Examination

Length is not the determinant of a good cross-examination session. A good cross-examination
is marked by the ability of the examiner to integrate the purpose with the occasion.
When there are collateral facts that have been deposed in examination in chief, it is the
duty of the cross-examiner to ask questions to disprove them, unless they are admitted to.
Relevant and important questions should never be left out.
The basic rule – Ask as many questions as are necessary for your case. Know when to stop.
The Limits of Cross-examination
Cross-examination, though useful, cannot cover every topic. Answers will only be allowed
where the answers are relevant, impeach the credibility of the witness and comply with
the rules of evidence.
Questioning Techniques
The essential technique to have is witness control. Since your objective is to tell your
client’s story and make it believable, you need to set the agenda for the cross-examination
and determine the flow of information in order to extract the kind of answers you desire.
Witness control does not mean being overbearing towards the witness. It means that the
examination should follow the course you have in mind and that the information produced is
only what you have determined to be helpful to your case.
How to Ensure Witness Control
1. Short questions. Short in execution, short in concept. In effect, be clear and concise.
2. Questions should not contain more than one fact or implication
3. Use leading questions. Include the answer in the question and don’t allow the
witness to wander away from the story. A non-leading question is a cardinal sin in
cross-examination because it gives the witness the opportunity to wander away from
the story and elicit testimony that may be damaging to the story.
4. Never misquote the witness’ evidence-in-chief.
5. Never ask questions to which you do not know the answer.
6. Listen before you ask the next question.

7. Do not jump back and forth from one topic to the other. This may confuse the
audience or even the witness and make the story unclear. Finish with one topic and
elicit as much evidence as is available to support it before moving to another topic
in cross-examination.
8. Never ask why or how. This allows the witness to wander off topic and say what he
would like to say, not what you would want him to say. The likelihood that these
types of questions can damage your case is high.
9. Unless there is no good reason for it, do not get the witness to repeat the evidence
in chief. The risk that the fact finder is likely to believe something the more they hear
it is very high, unless you have a surefire way to disprove that assertion made in
examination-in-chief.
10. Do not get into an argument with the witness. Be emotionally balanced. If you
argue, you lose your status as an honest guide. Remember that you are a professional
doing a professional job.
The Main Techniques in Cross-Examination
1. Confrontation
This is done by firing damaging facts at a witness which the witness cannot deny,
and which are inconsistent with the evidence given. The rationale behind this is to
break down the witness’ story by forcing him to admit that the story is false or to
catch him contradicting himself.
This goes to both destroying the credibility of the witness and limiting his
testimony, which are effective ways of undermining opposing counsel’s case.
Confrontation is most useful where there is a large number of facts or documents on

record that can be used against the witness. The witness can then be confronted by
putting these facts to him one at a time, drawing him to give explanation that will
expose the inconsistencies in his earlier testimony and are weakened by the facts or
documents on the record.
It is most usual for the advocate who is employing the technique of confrontation to
start with the least damaging point and reserve the most effective for last to
deliver the most damaging stroke, exposing the witness very clearly to the court.
Confrontation can also be used to bring out one point at a time, tying the witness
down to explanation, confronting him with further facts which shatter his
explanation.
Where the witness is lying or being evasive, the application of the technique of
confrontation will easily show the court that the witness is not to be trusted or that
his testimony is not to be believed.
And so, confrontation is best used to catch lying witnesses when there is plenty of
available evidence, especially in the form of incriminating documents to expose
them.
A good example of where a lawyer employed confrontation in cross-examination can

be seen in the recent ongoing case between famous movie stars Amber Heard and
Johnny Depp.
At some point in the trial, Amber Heard in her testimony mentioned that her husband
Johnny Depp had physically abused to her to a violent degree on a particular date.
Johnny Depp’s lawyer during his cross-examination of Amber Heard, showed her video
footage of her later on the day that the alleged abuse happened. She had no signs of
injury as she had earlier claimed in her testimony. Amber Heard could not reasonably
explain this and it drew the court’s attention to the fact that this particular event of
abuse may probably never even have occurred after all.
2. Probing
Probing simply involves asking more questions about the testimony given as a way to
delve into the testimony and detect any inherent flaws or weaknesses in there.
Probing has a huge advantage over confrontation in that, it can be used without the
need to have incriminating documents at the advocate’s disposal.

Probing can either weaken the testimony given, destroy it altogether or open up a
lead to something new that the court may not have considered from the testimony
earlier given.
Probing involves asking questions that revolve around, “who, what, when, where”.
Probing is most useful where the advocate has reason to believe that the witness may
have exaggerated the evidence given earlier or that the witness may be lying about
some of the facts or where the witness is trying to be evasive in answering
questions.
Through probing, the witness is forced to give further details of their testimony and
where they are lying, the inconsistencies will be exposed. Where the witness has
exaggerated the story, the exaggeration and its extent will be exposed and where the
witness is being evasive, he will have no option but to give direct answers to the
questions being asked.
In cases where the identification of a person or a thing is in issue, probing can be used
as a way to show that the witness may not have identified the person or thing as
clearly as they earlier claimed to have. And so, while probing may weaken or destroy
the testimony of the opponent’s witness, it can also lead to an opening for an
advocate to introduce an alternative set of facts by way of insinuation or for the
advocate to fire damaging facts at the witness through confrontation.
3. Insinuation
This technique consists of building up a different version of the evidence-in-chief by

bringing up new facts and possibilities. The essence of insinuation is to establish a
positive case in your favour while weakening the evidence-in-chief by making it seem
less plausible.
It opens up other possibilities to the evidence, making the opponent’s version less
plausible without changing the fundamental facts. It can also be used to elicit new
and helpful evidence on topics that have not been covered in evidence-in-chief.
Insinuation may take the form of gently leading the witness on little by little.

An advantage that this may have is that, even though the witness may refuse to admit
to most points that may be put to him through other techniques like confrontation and
probing, insinuation, by presenting to the witness another version of the facts side by
side with the version of events narrated in examination-in-chief, shows that there is
something to be said on the other side.
A good example of where insinuation can be used is in a case where there is a witness
claiming to have seen the accused at the scene of the crime and the witness is known
to have questionable eyesight. A good advocate may, in cross-examination, ask
questions that may lead the court to realize that what the witness thinks they may
have seen might not necessarily been what was actually there.
Cross-Examination of Special Types of Witnesses
1. The Expert Witness: Ask the following questions:

 Is the subject that the witness is testifying on one upon which his
expert opinion can be received? (basically is his evidence relevant to
the case?)
 What are the qualifications necessary to entitle a witness to testify as
an expert?
 Does witness have those qualifications?
It is important to understand the field in which the expert witness is coming in to

testify. Be fully prepared. Consult an expert yourself on the possible weakness of
your opponent’s expert’s opinion.
In conducting the cross-examination, approach the witness with tact, not make them
the centre of ridicule. The aim is to cast doubt on the expert’s testimony. This aim
can be achieved by:
a) Limiting the witness’ apparent expertise: Narrow the extent of their expertise or
experience by showing that it is not directly applicable to the case or by
contrasting it with the experience of your expert.
b) Show that the expert has less involvement with the case: For example, that he
has only examined the party once or that he conducted his analysis several months
after the incident, etc.
c) Show a deep knowledge of the expert’s subject by using some of the technical
terms to get the witness to be more open with their answers. Where the lawyer
appears to understand the technical terms that the expert uses, it is easier for the
expert to open up and it is harder for them to dodge the questions that the lawyer
may ask.
d) Invite the witness to define technical terms and use common language to the
understanding of the court. This can help the court follow the testimony or prove
the incompetence of the expert witness in this case.
e) Showing other methods in the expert’s field: This involves attacking the science
that the expert relied on by challenging their method. You can show that there
are other tests that could have produced different results that are reasonably
plausible from the nature of the facts of the case.
f) Invite the expert to agree with your expert’s propositions: The expert witness
should be able to admit that his results are not infallible and that the other
expert’s method can also reasonably produce a different result.
g) Invite the witness to agree that there are legitimate differences of opinion: Get
the expert witness to admit that his evidence is not infallible and that it is merely
his opinion only, and that another opinion could also be reasonably drawn from the
same facts.
h) Test the expert with a set of similar hypothetical facts: Test whether or not a
different interpretation of the same fact or a slight change in the facts would
affect the expert’s opinion on the matter.
i) Show the amount that the expert has been paid. This can be helpful is showing
that the expert witness’ testimony may have been bought by the opposing counsel.
The Difference between an Expert Witness and an Ordinary Witness
a. An expert’s evidence is not confined to what actually took place but he can give
evidence of his opinion on facts.
b. He can speak to experiments made by him behind the back of the other party. In every
case in which opinions of experts are admissible, the grounds of such opinions may be
inquired into; and facts and experiments, even though not themselves relevant to the issue,
are also receivable in corroboration or rebuttal of the opinion.
c. He may cite textbooks of accredited authority in support of his opinion and may refresh
his memory by reference to them.
d. He may state facts relating to other cases bearing similarity to the case under inquiry,
in order to support his opinion. Evidence of such other transactions which are inconsistent
with the opinion of experts may also be given.
e. When an expert is asked to give opinion on facts admitted or proved at the trial, but not
observed by him, it is the opinion of a “pure expert”. Such evidence is not of much value
when comparing with the evidence of doctors who attended the patient.
2. The evasive witness: They either avoid the question entirely or they may respond to an
entirely different question. They could also ask you to keep repeating the question. To
deal with them, make your questions short and precise. If the witness is being difficult,
invite the judge to direct the witness to answer the question. Make sure they can actually
hear you. If it fails, let them hang themselves and draw attention to their demeanour in
your closing.
3. The argumentative/belligerent witness: They may be abusive or accusatory and they

may either ignore the question or cover matters that you did not ask them about. Never get
involved in an argument with them. Stop them politely and go ahead with your next
question where they are proving difficult. Witness control by using closed or leading
questions.
4. The partisan witness: Such witnesses aim to deny anything that seems to assist your case.
They are most likely determined to never agree with you and so it would be hard to get them
to admit anything that may inure to your benefit. To deal with them, phrase the question in
the opposite to get them to assist you. Alternatively, where you find that the witness’
enthusiasm for the opposing counsel’s case is wholly excessive, you may push him so far along
the road of improbability that no court could ever possibly rely on his testimony.
5. The lying witness: You can expose them by their inconsistent statements told prior.
Traps for catching them: Confront them with something bit by bit leading him to give false

explanation which will lead to a contradiction. Probing him to assert details. Gently
insinuate in a manner that is not overt, to get him assert something that has been denied.
RE-EXAMINATION
After cross-examination is concluded, a witness may be re-examined by the party for which
he gave evidence-in-chief for the purpose of explaining any part of his evidence that may
have been elicited in cross-examination and can damage the initial case.
It is a second chance for a lawyer to examine his witness. It is not a do-over of the
examination in chief. It is done where the evidence that was elicited in cross-examination
has made the evidence in chief ambiguous or unclear, in order to clarify the evidence and
explain or develop new information that may have come to light in cross-examination.
Okudzeto v. COP – The object of re-examination is to explain evidence given under cross-
examination.
Brobbey JSC in his book, Practice and Procedure in the Trial Courts and Tribunals of Ghana
states that, “The main object of re-examination is to minimize the effect or impressions
created in cross-examination to the extent that those impressions adversely affect the case
of the party calling that witness.”
Re-examination can only arise where the witness has been cross-examined. And so where
counsel declines the invitation to cross-examine, then no re-examination can take place.
Where there is no ambiguity or nothing needs explanation, there is no case for re-
examination. It is not a good policy to re-examine for the purpose of explaining unimportant
discrepancies since this seldom does any harm. A bad re-examination will do more damage
instead of repairing the case by drawing attention of the court to the weak parts of the
case.
When to Re-examine
1. Where the cross-examiner has elicited only a part of the conversation or occurrence
that is favourable to his case. It can be used in this case to clarify that piece of the
conversation, e.g., “Under cross examination, you stated that you were at the Courts
at 3 o’clock, did you mean, 3am or 3pm?”

2. Where the cross-examiner has attacked a witness’ conduct or character under cross-
examination and you have substantial evidence of good character on the part of the
witness. “Under cross-examination you stated that you had been convicted of stealing
in the High Court. Did you appeal against this conviction? What was the outcome of the
appeal?”
3. Where the cross-examiner has highlighted an inconsistency in the witness’ evidence
or has impeached a witness with a prior inconsistent statement. Here the re-
examination may be helpful to explain the inconsistency where it is justifiable, e.g.,
at some point, one statement was given under duress and in the other circumstance, it
was given freely and so the reason for the inconsistency.
4. Where the witness has become confused or muddled. Where after cross-
examination, the evidence elicited has left everyone confused because the evidence
elicited is not clear and is susceptible to different interpretations, the advocate
may re-examine the witness as a way to resolve the confusion and tidy up the
evidence as best as possible, rather than leaving the audience confused.
Do not attempt to re-examine outside of these 4 reasons.
Limitations of Re-examination
1. It cannot be asked as a way to introduce wholly new matters that were not elicited
in the examination-in-chief. If a material question was omitted in the examination-
in-chief, it cannot be asked as of right in re-examination except without the leave of
court and where such leave is granted, the opposite party will be allowed the
opportunity to cross-examine the witness on this new matter. Either this is done, or
the advocate may request the judge to ask the question to the witness.
2. It is not to be employed for destroying the effect of cross-examination. As stated in

Okudzeto v. COP, “Where a witness’ evidence under cross-examination is
subsequently contradicted by him in re-examination, the whole evidence of that
witness should be discredited by the trial court. The object of re-examination is to
explain evidence given under cross-examination; re-examination is never to be used
to get a witness to deny or cancel evidence that they have already given under cross-
examination.”
3. It can only be done where the witness has been cross-examined.

4. It cannot involve the use of leading questions: Just like examination-in-chief, a
lawyer may not ask leading questions in his re-examination.
CLOSING ADDRESS
The ultimate purpose of the closing address is to persuade the audience by interweaving
your story with the appropriate evidence. It is an opportunity for the advocate to persuade
the court that the case they have put forward has been proved by the evidence adduced and
the law applicable to the matter. Also, where evidence has been adduced to undermine the
story, a closing address can challenge the weight of that evidence.
Where damaging evidence has been elicited against your case, address it in your closing
evidence by challenging its weight. Also, you may state in the closing address that even if
the evidence adduced by the opposing counsel is accepted by the court, it does not prove
what your opponent says it proves. Failure to comment on evidence that goes against your
case may amount to misleading the court, and where the opposing counsel comments on it, it
may make you look incompetent and careless.
Contents
1. Keep it short and to the point. Quality over quantity. It is often unnecessary to recast
the entirety of the evidence adduced. Extract what is necessary to remind the court of
the case you have proven and conclude.
2. Concentrate on the evidence that is critical to your case.
3. Deal with the relevant law in a straight-forward manner (most recent case to
support your case)
Generally, a good closing address should include:
 A summary of the evidence

 Reasonable inferences that can be drawn from the evidence
 An attack on the weaknesses in the opposing counsel’s case
 A summary of the relevant law for the trier of fact and a reminder to them to follow
it

 A plea to the jury to do specific act (acquit, convict, etc)
Order of Presentation
Because the plaintiff or the prosecution is the party that started the litigation, they are
usually the ones with defined issues of the case or who have chosen and set the battleground.
So usually in civil trials, the defendant’s counsel goes first and then the plaintiff’s counsel
goes last.
However, Order 36 of CI 47 which requires parties to file written addresses seems to have
taken away the need for viva voce closing arguments.
In criminal trials however, the prosecution goes first and the defence goes last. In inferior
courts like the magistrate and circuit courts, the practice in criminal cases is for each side to
make a single speech in the case. This usually works so that the prosecution makes a short
opening speech before the evidence is heard and the defence makes a closing speech after all
the evidence has been given. (This is probably because it is a summary trial). In trials by jury,
i.e., criminal trials before the High Court, both the prosecution and the defence can make a
closing speech regardless of whether or not an opening speech was made.
LEGAL ETHICS
The applicable rules when it comes to legal ethics in Ghana are contained in:
1. The Legal Profession Act, 1960 (Act 32)

2. The Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (LI 2423)
3. The Ghana Bar Association Code of Ethics
THE LEGAL PROFESSION ACT, 1960 (ACT 32)
Section 1 – Organization of the Profession
Section 1 of Act 32 continues the existence of the General Legal Council and states that the
GLC is in charge of organizing legal education and upholding standards of professional
conduct.
Wardbrew v. Ghana Bar Association

The GBA passed a resolution at one of its annual conferences and decided to institute and
confer on some of its members, the degree and status of Senior Advocate of Ghana. The GBA
proceeded to alter the black gown prescribed by the GLC for lawyers in court by adding a red
lapel to the robes of the lawyers who qualified to be known as SAGs. Special parking spots
were reserved for them at the courts as well.
The plaintiff who was a private legal practitioner and member of the GBA issued a writ for a
declara tion to the effect that the SAG scheme was contrary to Section 1 of Act 32.
The Court held that:
1. The plaintiff did not need to prove that he had a personal interest in the case. This
is because there is a duty on each lawyer to expose without fear or favour before
the proper tribunal, unprofessional conduct by any member of the profession.
2. The General Legal Council is the only body charged with the education or professional
training, enrolment, discipline and general control of lawyers in Ghana. Therefore,
the GBA does not have any authority to institute the said SAG scheme without the
consent of the GLC.
Status of Lawyers – Section 2
Once a person’s name is entered on the Roll of Lawyers, he/she is entitled to:
a) Practise as a lawyer, sue and recover fees, charges and disbursements for services
rendered as such
b) Be an officer of the Courts
c) Be subject to all such liabilities as attach by law to a solicitor
Section 3 – Qualifications for Enrolment
To qualify for enrolment as a lawyer in Ghana, a person must satisfy the GLC that he is of
good character and holds a qualifying certificate granted by the GLC.
(1) – Persons trained in Ghana awarded with a qualifying certificate under Part 2 from
the GLC, shall be qualified

(2) – Persons qualified to practice outside of the country in a country with a sufficiently
analogous system of law can be called at the discretion of the GLC, once they fulfil
certain conditions as to status or proficiency.
(3) – Persons who are citizens and are qualified to practice in a country with a
sufficiently analogous system of law shall be qualified once they satisfy the GLC.
Section 8 – Solicitor’s License
Except for the Attorney-General and officers of his department, no other person may
practice as a solicitor unless he has a valid annual Solicitor’s License issued by the General
Legal Council. Further, a person can only be issued with a Solicitor’s License if they have
been previously enrolled as a lawyer in Ghana.
Republic v. High Court (Fast Track Division) Accra, Ex Parte Teriwajah
The first applicant in the matter had been engaged as the lawyer in a particular matter.
However it was discovered later that in a motion that the first applicant had filed, he did not
disclose his Solicitor’s License number on the motion paper. It was further discovered that
the first applicant did not have a valid Solicitor’s License for the year 2013. The interested
party then objected, claiming that the first applicant was incompetent as a lawyer to sign the
motion and that he was in contravention of Section 8 of the Legal Profession Act, 1960 (Act
32).
The first applicant admitted that a similar objection had been raised in a previous case and
that his chambers had not been registered with the GLC.
The Supreme Court held that a breach of Section 8 of Act 32 is not a matter that would
warrant the intervention of the Supreme Court. The High Court had not usurped the
jurisdiction of the Supreme Court by declaring that the applicant was in contravention of the
rules of professional conduct.
The High Court was within its rights to refuse to grant the applicant audience in court
since he did not have a validly issued annual Solicitor’s License for the year.
Henry Nuertey Korboe v. Francis Amosa

Following the decision of the High Court in the case of Ex parte Teriwajah, where the
Respondent’s writ of summons was struck out due to the fact that the Counsel for the
Respondent did not have a valid Solicitor’s License pursuant to Section 8(1) of Act 32, the
Respondent appealed to the Court of Appeal.
The Court of Appeal overturned the decision of the High Court, holding that it would be harsh
to visit the sins of Counsel on the Respondent.
The Supreme Court held that there must be strict compliance with the rules of professional
conduct in the legal profession, as this goes to the maintenance of the value of integrity in
the legal profession.
By a majority decision, the Supreme Court held that the words “shall not” used in Section
8(1) of Act 32 are to be interpreted to convey an imperative obligation. For that reason, a
lawyer in Ghana who fails to comply with the rule will be unqualified to practice as a
lawyer at all material times until he obtains a valid Solicitor’s License.
And so, a lawyer who defaults in renewing his practicing license should not have the honour
of validity ascribed to processes of any kind and or description prepared, signed and
originating from him.
Section 8(3) requires persons who have qualified to be lawyers in Ghana to read for a period
of not less than 6 months in the chambers of another lawyer of not less than 7 years’
standing as a lawyer approved by the Council. This is what is known as the pupillage
period. And until such persons completed the statutorily required 6 months of pupillage, they
cannot be issued with a Solicitor’s License, and cannot practice as a solicitor in Ghana.
Klu v. Laryea
In a land matter before the High Court, it had been discovered that one of the lawyer’s
handling the plaintiff’s case, Mrs Stella Adu-Duodu was a pupil, but as a pupil, she had

conducted the trial for the plaintiff, holding brief for her senior. She had conducted cross-
examination without being issued with a Solicitor’s License. And even though she had later
acquired a Solicitor’s License, there was no case law to show that a subsequent acquisition
could validate her earlier appearance as counsel.
The Supreme Court held that the pupil’s participation in the proceedings had tainted them,
since she did not have the license to practice law in the light of the Supreme Court decision
in the case of Ex Parte Teriwajah, all the proceedings in which the pupil had participated
(without exception) are to be considered as a nullity. And the ruling delivered as a
consequence of the proceedings are said to be a nullity.
Under Section 8(4), a person who has qualified to be a lawyer in Ghana can only be issued
with a Solicitor’s License and open their own office as a Solicitor (law firm, chambers or
partnership) where the GLC is satisfied that they have undertaken the mandatory 6-month
pupillage period with a lawyer of not less than 7 years standing approved by the Council.
Section 9 – Penalty for Unlawful Practice
This provision makes it clear that where a person who has not been enrolled as a lawyer in
Ghana practices in Ghana or prepares a document for reward to be used in any matter
before a court or tribunal, they shall be held liable on conviction to a fine. There is also a
penalty imposed on persons who not being wilfully enrolled, pretend to be or take any
name or title or description that implies that they have been recognized as qualified to
act as a lawyer.
Section 16 – Erasure from the Roll for Misconduct
A lawyer found guilty of grave misconduct in a professional respect shall be liable to either
of 2 fates:
a) His name being struck off the Roll of Lawyers

b) He may be prohibited from practicing as a lawyer for a period specified in the order
suspending him.
Amarfio v. General Legal Council

The appellant was a lawyer who had represented the plaintiff in an action and had
successfully obtained a declaration against the defendants to the effect that the plaintiff was
the head of the Adjiwate family of Osu. The court further found that the defendants were
members of the Adjiwate family, as well.
One of the defendants who had styled himself as the head of family inserted an
advertisement in the People’s Daily Graphic to denounce the claim of a member of the
plaintiff’s faction to the regency of the Osiahene of Osu.
Following this advertisement, the appellant also caused an advertisement to be published

in a subsequent issue of the newspaper to the effect that the defendants were not
members of the Adjiwate family. The defendants on seeing the advertisement lodged a
complaint with the Disciplinary Committee of the GLC claiming that the appellant had
committed grave misconduct because he had caused an advertisement to be published
which contained information that the appellant knew was not true and was calculated to
mislead the public. They further alleged that the publication constituted a disrespect to the
judicial office.
He was found guilty and prohibited from practicing for 6 months. He appealed.
The Supreme Court held that even though the law did not define what constituted grave
misconduct in a professional respect, it meant that the conduct alleged was one that was so
bad that it would be repugnant to anyone’s sense of justice to ignore it.
In this case, the publication was merely contradicting a judge’s finding. It was not
tantamount to disrespect of judicial office and so it was not founded in law to suspend the
appellant from practice due to such a publication.
Section 16A – Erasure from Roll on Conviction of Certain Offences
The GLC may direct the Judicial Secretary to strike the name of a lawyer off the roll without
holding a disciplinary enquiry where that lawyer has been convicted of an offence involving
dishonesty or moral turpitude.

This is subject to the appeal against such a conviction. The erasure can only be done where
the appeal period has expired or where the appeal, being filed, has been disposed of,
withdrawn or abandoned.
Section 18 – Reference of Disciplinary Cases to Disciplinary Committee
Any complaint by any person relating to a lawyer’s conduct shall be referred to the
Disciplinary Committee of the GLC, and where it appears to the Committee that an inquiry
ought to be held into the complaint, then they shall hold one.
Section 20 – Decision of the Disciplinary Committee
After holding an inquiry into a disciplinary case, the Disciplinary Committee on deciding
whether or not the allegations are proved they may direct the taking of the disciplinary
measures in Section 16 and make orders as to costs.
Section 21 – Right to Appeal
A lawyer against whom the Disciplinary Committee has ordered disciplinary action, may
appeal against the order to the Court of Appeal as of right when the appeal is based on a
question of law. But where it is based on a question of fact, then the lawyer would have to
seek the leave of the Disciplinary Committee or the Court of Appeal. The appeal must be
filed within 21 days of the decision of the Disciplinary Committee.
Section 22 – Striking off the Roll
Where the decision of the Disciplinary Committee is to strike out the name of a lawyer from
the Roll, the Judicial Secretary shall not go ahead to do this unless the 21-day period for
appealing has elapsed and he is satisfied that no appeal has been brought or is pending or
that the appeal has been disposed of.
Section 26 – Change of Lawyers during the Hearing of a Case
A party may change his lawyer at any time in the pendency of his suit granted he serves
notice of the change on the Court by filing the notice with the Registrar of the Court.
However, until the notice is filed and a copy served on the former lawyer, the former
lawyer will be considered as appearing for the party until final judgment, unless the Court
allows for him to stop acting for the party due to some special reason. That lawyer is also not
bound except under an express agreement, or unless he is re-engaged, to take any
proceedings relating to an appeal from the judgment.
Section 27 – Liability to Pay Costs
The Court may order a lawyer to pay costs, where his client fails to do so (after a demand has
been made on him, although no execution process was used), where it appears to the Court
that the case was commenced or carried on maliciously or without probable grounds or
that the lawyer induced the client to enter into or continue the litigation using any sort of
deceit.
Section 28 – Costs Recoverable
A lawyer shall not be entitled to recover any costs in respect of proceedings beyond the
amount applicable that is allowed in the scale of fees or in matters that are not included
but that the court may allow in relation to taxation, having regard to the skill, labour and
responsibility involved.
Section 30 – Bill of Fees
A lawyer can only commence an action to recover his fees after he serves a bill of the fees
on the client and 1-month elapses after the service of the bill and the fees still remain
unpaid. The bill must be signed by the lawyer himself or by any of the partners in the case of
a partnership.
Ayarna v. Agyemang
The first and second defendant who were father and son executed a promissory note to pay
the plaintiffs, who were legal practitioners a sum of money as the agreed fees for
defending the first defendant on a charge of subversion pending before a military tribunal.
This was a capital offence; punishable by death. The promissory note was signed after the
plaintiffs threatened to withdraw from the case if their fees were not paid. At first, the
second defendant was not inclined to execute the note but later signed it because his father
had done so.

Subsequently, the plaintiffs sued to enforce the promissory note. The defendants argued that
the plaintiffs could not validly commence this action without first complying with Section 30
of Act 32 and that the promissory note was not enforceable because the second
defendant had executed it based on undue influence exercised on him by his father.
The Court held that the true object of Section 30 of Act 32 was to allow the court to oversee
and supervise the charging of professional fees if a dispute arose between a lawyer and his
client as to the quantum and propriety of the fees charged. It was not limited to only cases
where the parties had not agreed on the fees. Section 30 has general application and so it is a
mandatory pre-condition for the commencement of an action by a lawyer to recover his
fees.
Nartey v. Gati
The plaintiff was a lawyer who had conducted a case for the defendant to secure damages in
respect of a motor accident that killed the defendant’s sister. They agreed, prior to the
institution of the case that the plaintiff would be paid 15% of the damages he could
successfully obtain. The plaintiff was successful in court, but his fees were forthcoming
because the defendant had agreed to let the judgment debtor pay in monthly instalments
which were small. He therefore sued for the recovery of the agreed upon fees and was
successful. The defendant however sought to set aside this judgment on the ground that the
plaintiff did not comply with the provisions in Section 30 of Act 32 which required him to
only commence action for recovery after he had served the defendant with a bill of fees and
the bill remains unpaid after the expiration of one month. The plaintiff then argued that this
provision was discriminatory against lawyers and was in contravention of Article 17 of the
Constitution.
The Supreme Court held that there was a rational and legitimate basis for differential
treatment when it came to lawyers recovering their fees from clients. And this basis was
stated in Ayarna v. Agyemang as the protection of the interests of clients. And so, since the
differential treatment could be justified, Section 30 was not discriminatory. It is justifiable
discrimination.
Also, Act 32 is a regulatory law that ensures that the legal profession is properly regulated. It
does not effectively prevent the lawyer from claiming his fees in court, but simply
postpones it. And so, it is not discriminatory.
Gaisie Zwennes Hughes & Co v. Loders Crocklaan BV
The defendant company had previously instructed the plaintiff firm concerning a contract
they had previously entered into with another company for the purchase of shea nuts for
which the defendant company had paid but had not received.
As part of the instructions, there were different schemes of payment of professional fees in
the event of either a settlement or a full-scale trial. Based on an agreement between the
parties, the firm negotiated with the other company and reached a settlement which both
sides agreed to and it was entered as a consent judgment of the court.
After this had been concluded, the firm sued the defendant company for the payment of the
professional fees owed it for the settlement of the case. The plaintiff firm in the course of
the trial admitted that they had not complied with section 30, but in any case the defendant
would be deemed to have waived this non-compliance because he did not raise that point.
The Court held that by not having satisfied the mandatory requirement of Act 32 regarding
the service on the client of a bill of fees before suing, the present action was not properly
constituted, and the appeal herein must fail. Non-compliance with a statutory provision has
a nullifying effect which cannot be waived.
Gbertey v. Accam
The Court in this case held that the requirement in Section 30 is mandatory and so they are
bound by the decisions of the Supreme Court in Ayarna v. Agyeman, Nartey v. Gati and
Gaisie Zwennes Hughes & Co v. Loders Crocklaan BV.
Lithur Brew & Co v. Ghana Cocoa Board
The plaintiff law firm issued an action in court for the recovery of legal fees owed it by the
defendant company.

The court noted that from the language used in Section 2 of Act 32, it is only a natural person
who is entitled to practice as a lawyer that can sue to recover his legal fees, and not artificial
persons, like the plaintiff. This position has currently been overruled.
Section 43 – Name and Address of Draughtsman
Every person who prepares any legal document for reward shall endorse or cause to be
endorsed on it, his name and address and where he omits to do so, he shall be liable on
summary conviction to a fine.
Legal document is defined in Section 56 as any document other than a will that confers,
transfers, limits, charges, extinguishes or purports to do any of these things concerning an
interest or a right in property, movable or immovable or any document that indicates that
legal proceedings may be brought against the person to whom it is addressed or another
person.
Section 44 – Unqualified Person not to Draw or Prepare Documents
No person other than a lawyer shall either directly or indirectly for a fee, gain or reward,
draw or prepare a legal document. Such a person will be liable to a fine on summary
conviction.
In the case of Aboagye da Costa v. Disciplinary Committee of the GLC, the court noted that
the appellant had committed a further misconduct by allowing his clerk to draft some legal
documents that were in contention.
Section 45 – Agreement to Pay fee or reward to Unqualified Person to be Void
Any agreement to pay a fee or reward to a person other than a lawyer for the drawing or
preparation of a legal document is void. And any person who pays to the non-lawyer such
an amount for such purpose may sue to recover the money from the person to whom they
paid it.
THE GHANA BAR ASSOCIATION CODE OF ETHICS
PART 1 – Duty to the Profession
Rule 1 – Professional honour

This rule imposes a duty on the lawyer to:
a) Preserve the dignity and honour of his profession

b) Discharge his duties to fellow members of the profession with fairness, courtesy and
good faith,
c) Maintain his own dignity, honour and integrity
d) Uphold the laws of Ghana
The Court in the case of Wardbrew v. GBA elaborated on the duty of lawyer to uphold the
dignity, honour and integrity of the legal profession and to expose without fear or favour
any unprofessional conduct by a member of the profession. Consequently, any lawyer
could institute an action which sought to maintain, ensure or preserve the dignity, honour
and integrity of the legal profession, if he felt that these were being threatened or
undermined by the act or acts of any member of or body in the profession.
Rule 2 – Acts of dishonour
A lawyer will be deemed to have committed profession misconduct if:
a) He is convicted by a court of competent jurisdiction for an offence involving

dishonesty or
b) Whether or not he is the subject of a criminal prosecution he commits, even in his
personal capacity, any act of fraud, dishonesty or corruption, or
c) He does any other act likely to bring the profession into disrepute.
Rule 3 – Conflicts of Interest
A practicing lawyer commits misconduct if:
a) He becomes an active participant in any business or profession which conflicts with

or involves a serious risk of conflict with his duties as a practicing lawyer; or
b) He does not preserve his professional independence or allows his engagement in any
other business, occupation or employment to interfere with or prejudice that
independence.

3(2) defines a practicing lawyer as one who is entitled to practice and holds himself out as
ready to do so or is employed in a whole-time occupation such as that of editor or
reporter of any series of law reports for use by the legal profession.
Rule 4 – Improper Communications
A lawyer commits misconduct if in the course of his practice, he writes letters, whether to
his client, another lawyer or another person which are abusive, offensive or otherwise
inconsistent with the proper tone of professional communication from a lawyer.
Rule 5 – Sharing of Fees
A lawyer commits misconduct if he shares or agrees to share his professional remuneration

with any person who is not a duly qualified lawyer.
This provision has been modified by Rule 16 of LI 2423. Rule 16 creates certain exceptions
to the blanket rule.
Rule 6 – Advertisement
The following constitute misconduct:
a) Doing or causing or allowing to be done anything with the primary motive of personal
advertisement or anything calculated to suggest that it is so motivated; or
b) Publishing, circulating or knowingly permitting to be published or circulated anything
in the nature of an advertisement of his services or the services of his firm in
anything other than a legal directory, legal journal or some other legal publication.
6(2) states that the rule on advertisement does not prevent the use of simple visiting cards
that state the name, address and or academic or other lawful qualifications of a lawyer.
The rules on advertisement have been further amended by LI 2423
Rule 7 – Name plates and stationery
A lawyer commits misconduct if he permits to appear on his name plate or his professional
stationery, the name of a person other than the lawyer themselves.
Rule 8 – Publicity
A practicing lawyer commits misconduct if he gives any interview to the press on a matter
in which he has been engaged as counsel.
NB: This rule has been modified by the provisions of LI 2423, restricting the application of
this only to pending matters. A lawyer may comment on previous matters, with the consent
of the client and subject to the other rules on confidentiality. However, it would be
misconduct to grant interviews on a pending matter.
Rule 9 – Solicitation
A lawyer commits misconduct if:
a) He invites, either directly or indirectly any person to instruct him or his firm or seeks
to attract professional business to himself unfairly, or
b) Accepts instructions to act for any person whom he knows or has reasonable grounds
to have been introduced by solicitation.
Rule 10 – Practising without Chambers
A lawyer commits misconduct if he practices without being a member of a professional

chambers or is the pupil of such a member.
Rule 4 of LI 2423 defines chambers to include sole proprietorship.
Rule 11 – Dealing with other lawyer’s clients
(a) He interviews or otherwise communicates about a pending case directly with any of
the parties which he knows is represented by another lawyer in the case, without
the express consent of the other lawyer.
(b) Having represented a client in any matter on the instructions of and as professional
agent for another lawyer, he subsequently accepts instruction from that client
directly to act for him without the knowledge and consent of the lawyer from
whom he first received his instruction.

(c) He takes instructions to act in proceedings where he knows that the client has
previously been represented in by another lawyer without first notifying the other
lawyer in writing and enquiring whether or not that lawyer objects to him taking
the brief.
This provision allows for the requirement of knowledge of the existence of another lawyer
to be both actual knowledge and imputed knowledge. The lawyer will be presumed to
have known of the previous representation of the other lawyer if he would have known of
it on making reasonable enquiries having regard to all the circumstances.
Rule 12 – Payment of fees of another lawyer
A lawyer commits misconduct if having instructed another lawyer to act on behalf of his
client, he does not pay the proper fees of that other lawyer whether or not he has received
payment from the client.
Rule 13 – Proceedings against another lawyer
A lawyer commits misconduct if he refuses without good reason to accept instructions to

take proceedings against another lawyer.
Rule 14 – Deception of Disciplinary Committee
It is misconduct to deliberately attempt to deceive or make a false representation to the

Disciplinary Committee or to fail to honour an undertaking or comply with an order or
summons of the Disciplinary Committee.
Rule 15 – Duty to expose misconduct
It is the duty of a lawyer to expose without fear or favour before the Disciplinary
Committee, any instance of professional misconduct of another lawyer coming to his
notice.
The Court in the case of Wardbrew v. GBA elaborated on the duty of lawyer to uphold the
dignity, honour and integrity of the legal profession and to expose without fear or favour
any unprofessional conduct by a member of the profession. Consequently, any lawyer could
institute an action which sought to maintain, ensure or preserve the dignity, honour and

integrity of the legal profession, if he felt that these were being threatened or undermined by
the act or acts of any member of or body in the profession.
Rule 16 – Signing of documents
It is misconduct for a lawyer to sign any document not prepared by him or under his
supervision.
PART 2 – Duty to the Public
Rule 17 – Stirring up Litigation
a) He volunteers advice to bring a lawsuit without being instructed to do so, unless he

is obliged to do so by ties of relationship or trust
b) He uses an agent or runner for the purposes of instigating litigation or
c) He pays or rewards, directly or indirectly any person who brings to him or
influences the bringing to him of any professional work.
Rule 18 – Instruction from unauthorized persons
It is misconduct to accept instructions to take proceedings except where:
a) It is at the express request of the party concerned or

b) It is done as agent for or at the request of another lawyer representing the party
c) It is at the request of some other legally authorized person.
Rule 19 – Preferential treatment
A lawyer commits misconduct if he acts in any proceedings or matter in relation to which, by

virtue of any office or appointment held by or any partner of his, he is in a position to
influence the decision or to secure preferential treatment for his client.
Rule 20 – Dealings with Unrepresented Persons
It is misconduct for a lawyer to do any of the following when dealing professionally with
persons who are not legally represented:

(a) Failing to make a proper disclosure of the material facts
(b) Supplying false or misleading information
(c) Taking improper advantage of the youth, age, ill-health, inexperience or lack of
education of the person with whom he is dealing.
Rule 21 – Personal references
It is misconduct for a lawyer, having consented to give a personal reference for any person,
gives one that to his knowledge is not true.
Rule 22 – Agreements and undertakings
1. It is misconduct for a lawyer to:

(a) Fail to honour a written undertaking given by him or his firm to any person
unless on the face of the undertaking it is clear beyond doubt that he was not
accepting personal responsibility.
(b) Issue a cheque either on his behalf or on behalf of his firm and the cheque is not
met owing to lack of funds.
2. Where a lawyer pledges his word by himself or his firm and he fails without
reasonable cause to honour that word, even at financial cost to himself, he will be
guilty of misconduct. A lawyer is under a duty to so far as is reasonably practicable
having regard to the circumstances, to honour an oral agreement affecting his
clients’ rights although such an agreement may be legally unenforceable unless
reduced into writing.
Rule 23 – Assisting unauthorized practice
It is misconduct for lawyer to:
a) Permit his name or his firm’s name or professional services to be used in any way
which will enable any person to practice law when that person is not legally
entitled to do so.
b) Delegate functions that can legally only be performed by a lawyer to any legally
unqualified person in his employ or under his control.
Rule 24 – Control of staff

A lawyer commits misconduct if he fails to exercise proper supervision and control over his
office staff to the detriment of any client.
Rule 25 – Duty of public prosecutor
The primary duty of any lawyer engaged as a public prosecutor is to ensure that justice is
done not to seek a conviction. And so it is misconduct if a public prosecutor;
a) Withholds any facts, documents or relevant and admissible evidence that tends to
either prove the guilt or innocence of the accused without reasonable excuse,
b) Knowingly harasses or intimidates a witness or prospective witness for the defence.
c) Aids or abets or takes no reasonable steps to discourage officers subject to his
control from harassing or intimidating a witness or a prospective witness or the
defence and prosecution.
Rule 26 – Duty to take cases assigned
It is the duty of a lawyer to take a case assigned to him by the court without hesitation and
if need be without fee or reward and to use his best efforts in the matter.
PART 3 – Duty to the Client
Rule 27 – Dishonesty and Illegality
It is misconduct for a lawyer to:
(a) Commit any act of fraud or dishonesty against his client

(b) Knowingly assist, enable or permit any person to act fraudulently, dishonestly or
illegally towards his client.
Rule 28 – Client’s Property
A lawyer must do the following, else it would amount to misconduct:
(a) Pay into and keep moneys received or held by him for and on behalf of clients in a
bank account
(b) Not misappropriate his client’s property/money or not dishonestly pay any money
held by him for his client otherwise than to his client or on his client’s behalf

(c) Pay over the moneys received by him from or on behalf of a client expressly for a
specified purpose, with the client’s consent
(d) Not retain any moneys received for or on behalf of the client for an unnecessarily
long period, without the client’s express authority
(e) Promptly report to the client the receipt of any moneys or property in which the
client has an interest
Agbemashior v. State Insurance Corporation
The plaintiffs had been involved in a serious motor accident and an insurance claims agent
had contacted them, offering to help them recover a claim against the insurance company of
the driver who was responsible for the accident. The plaintiffs accepted the offer and the
claims agent contacted a lawyer who, acting on the instructions of the agent succeeded in
recovering the claim from the insurance company.
When he recovered the money, the lawyer paid the money minus his professional fee to the
claims agent for onward payment to the plaintiffs. The plaintiffs did not receive the rest of
the money and so sued the lawyer and the claims agent for the recovery of the money.
The Court held that in respect of the lawyer, a lawyer owes a duty to his client to be
honest, skillful, and careful. His only other duty is not to take advantage of the presumed
influence of a solicitor over his client. His liability for negligence is the same as anybody
else’s liability.
On the facts of the instant case, the lawyer never failed in his duty as a lawyer by paying the
money to the claims agent who he knew to be the lawful agent of the plaintiffs. And since he
had no idea that the claims agent was a fraudulent person, there was no reason to blame him
for the fraudulent conduct of the claims agent.
Rule 29 – Receipts
A lawyer must give receipts for every payment made to him by a client specifying in the
receipt the purpose for which the payment was made. Failure to give receipts amounts to a
misconduct.
Rule 30 – Accounts

A lawyer commits misconduct where he fails to keep properly written up books of account
for all moneys received for and on behalf of a client, keeping such moneys separate from
the moneys of other clients and his own moneys and the firm’s moneys.
Rule 31 – Fees and Expenses
It is misconduct for a lawyer to charge his client fees or expenses that of such excessive
amount as to introduce an element of fraud, dishonesty or sharp practice.
Rule 32 – Benefits from parties
A lawyer commits misconduct where he accepts from a third party any commission or
financial payment for work done for a client without prior disclosure to the client and
without the consent of the client.
Rule 33 – Personal Interest
A lawyer commits misconduct if he:
(a) Fails to disclose to his client at the time of retainer any relationship which he has
with the parties which is inconsistent with the retainer and any personal interest
which he may have in the matter in respect of which he is retained.
(b) He has or acquired any financial interest in the subject matter of the client’s action
(other than professional fees) except where he himself is also a party to the
proceedings.
Rule 34 – Conflicts of Interest between Clients
It is misconduct for a lawyer to knowingly continue to represent 2 or more clients in any

action or matter without their joint, express request made after a full disclosure of the
facts where it is or has become apparent that a conflict of interest has arisen or may arise.
Aboagye da Costa v. Disciplinary Committee of the General Legal Council

The appellant was a legal practitioner. He had acted as a solicitor for the complainant in
the acquisition of a plot of land from a vendor. Soon after the purchase of the land from
the vendor, the Presbyterian Church asserted an adverse claim to the plot. The appellant
then wrote a letter on behalf of the complainant which sought to refute the claim of the
church and assert the complainant’s ownership of the plot.
Subsequently however, the appellant issued a writ on behalf of the vendor as the plaintiff for
title to the land, both against the church and the complainant as defendants. A complaint
was lodged against him and he was suspended from practice from one year. He appealed the
decision.
The Court held that, there was a duty on a lawyer to avoid representing conflicting
interests and further, the failure by the lawyer to exhibit the utmost honesty and
frankness to his client would make the lawyer guilty of misconduct.
Jones v. Buckle
A lawyer had instructed another lawyer to advise the plaintiff’s family on a matter pending
between them and the defendants. The lawyer who had been so instructed gave the requisite
advice in the form of 2 letters. After this, a representative of the family withdrew the
representation of the lawyer. The first lawyer acting for the plaintiff family, then sued the
defendants in respect of the subject matter that he had instructed the second lawyer to
advise the family on.
The first defendant entered appearance through its lawyer and filed a statement of defence,
Later the second lawyer who had previously advised for the plaintiff family applied to the
court for a search in respect of the case and even appeared in court on behalf of the first
defendant to the matter. Later, he announced himself as counsel for the first defendant when
his law firm applied for interim preservation of the subject-matter of the litigation.
Counsel for the plaintiff then raised 2 preliminary objections, that inasmuch as the initial
lawyer of the first defendant had not formally withdrawn his representation for the first
defendant, the firm was incompetent to make the application for interim preservation and
also that because the lawyer had once acted for the plaintiff’s family in respect of the same
transaction which was the subject matter of this litigation, he could not be allowed to act fo
the first defendant.
1. The firm was incompetent to file the motion for interim preservation because the first
lawyer for the first defendant had not withdrawn as solicitor, and there was no notice
on the record to indicate that the firm had been appointed as the new solicitors of the
first defendant.
2. Further, it was improper for the counsel to appear on behalf of the first defendant
since he had previously advised the plaintiff’s family on the same matter. It was
likely that in the course of the advice, he may have come across some confidential
information. This established a fiduciary relationship between him and the plaintiff
family and so his subsequent appearance for the first defendant amounts to a conflict
of interest towards his former client.
3. The relationship with a former client carries with it the obligation to act with strict
fairness and to abstain from doing anything that would be detrimental to the
client’s interests.
Ankrah v. Ofori
The plaintiff had purchased a piece of land in Kokomlemle and started to build on it when the
defendant wrote to give him notice to stop and remove his materials since the land was the
defendant’s family property. The plaintiff responded saying that he had obtained the land
from the Atukpai stool and so the defendant should contact the stool and settle the issue with
the stool. The plaintiff continued building. It turned out that the plaintiff and the defendant
family had derived their interests in the land from rival grantors. And these rival grantors at
the time, were in court attempting to resolve the dispute. The defendant’s grantor was
adjudged the owner the land and as a result, the plaintiff was dispossessed of his interest in
the land and the building he had erected on it.
Later in 1960, the Land Development (Protection of Purchasers) Act, 1960 was enacted and
the place was declared a prescribed area. And so under the provisions of this Act, the
plaintiff instituted proceedings against the defendant for the recovery of the land.
It was noted by the court that at some point in time, the lawyer for the defendant’s family
had written letters on behalf of the plaintiff, as the plaintiff’s lawyer to the head of the
defendant’s family in connection with the subject matter of the instant suit. The conduct
of the lawyer was reprehended such that the defendant was not allowed to rely on facts that
were in existence when the lawyer was acting from the plaintiff and use those facts to the
benefit of the defendant.
Ekwan v. Ewusie
A solicitor had been engaged first in 1976 by the plaintiffs and then later by the defendant
and the Fetteh stool to represent them in a boundary settlement dispute before the Stool
Lands Boundaries Settlement Commission. In 1978, the defendant who was representing the
Fetteh stool wrote to the solicitor telling him that his services were no longer required and as
a result, the plaintiff once more retained the plaintiff to prosecute a claim for him against
the Fetteh stool and the defendant in court.
When the defendant discovered that the lawyer was representing the plaintiff against him, he
applied for an injunction to restrain the lawyer from acting because it was improper for him
to use facts and information which he had acquired while acting for the Fetteh stool earlier
against him in respect of the same Fetteh lands. The lawyer argued that he did not acquire
any confidential information or knowledge of any facts that he could use to the advantage
of the plaintiff.
1. There is no general rule that a solicitor who has acted in a matter for one party
should not any circumstances subsequently act in the same matter for the opposing
party, but where there is a probability or danger that the solicitor would disclose to
the opposing party confidential information which he had obtained from his
original client while acting for him, the court would restrain him by an injunction
from so doing. And so the court would do what the circumstances of the case demand
and uphold its duty by considering the balance between the highest standard of
behaviour required of its officers and the practical necessities of life.
2. A court would not restrain a solicitor who had acted in one proceeding for a party
from acting in a subsequent proceeding for the party opposed to his former client if:
 The solicitor acted in the former cause for both parties
 It was not shown that the solicitor was in possession of knowledge or matter
which might give him an undue advantage and

 The second proceeding did not flow out of or was not connected with the
first such that the solicitor could be presumed to be in possession of
information that had a bearing on the matter in dispute.
3. And so in this case, there was nothing to show that the solicitor was in possession of
information that he could use to the advantage of his client. All he had was a site plan
showing the entire stretch of Fetteh Stool lands. And in any case the suit before the
Stool Lands Boundaries Settlement Committee and the courts are distinct from each
other and they bear no relationship to each other. And so the solicitor would not be
restrained.
Armah v. Amugi II
There was a matter before the court concerning contempt in a lawsuit over family lands
between 2 factions of the Korle We family. And in the contempt application, the applicants
objected to the representation of the respondent by their lawyer, claiming that the lawyer
had previously acted for the family and even written a warning letter to a trespasser on the
disputed family lands.
The Court held that since the lawyer had previously acted for the applicant’s faction of the
family, the fear that he could use confidential information acquired in his representation of
the applicant was real.
Affail v. the Republic
The state attorney raised a preliminary objection to the representation of the appellant
claiming that the lawyer of the appellant was a civil servant, having been appointed as
counsel for the Ashanti Regional House of Chiefs in the Legal Class of the Ghana Civil Service
and so as a civil servant, he was precluded from engaging in any gainful employment outside
the civil service. He further alleged that the continued representation of the appellant by this
lawyer should be put to an end else there would be conflict of interest.
The Court held that there was no conflict of interest in this case and as a general rule the
roles of state attorney and defence counsel in criminal trials and appeals do not involve a
conflict of interest. Further the position of the barrister in Ghana is similar to that of an
independent contractor.

Rule 35 – Misrepresentation
It is misconduct for a lawyer to:
(a) Make any untrue representation to or conceal any material facts from his client with
dishonest or improper motives
(b) Give to his client any opinion which is not an honest and candid opinion on the facts
submitted to him by or on behalf of his client.
Rule 36 – Negligence and delay
A lawyer commits misconduct if he conducts the client’s business with such negligence or
subject to such delays as to damage the client’s interests or to bring disrepute or discredit
on the profession.
Fodwoo v. Law Chambers
The plaintiff was a storekeeper who had taken out an insurance policy for his business. His
store was broken into and the insurance company repudiated liability under the policy. The
plaintiff therefore contracted the defendant law company to sue for the recovery of his losses
from the insurance company.
The plaintiff’s case was handled by different members of the firm but on the date for trial,
the partner who was appearing in court for the plaintiff told the court that he was not ready
to proceed with the matter and so the court had the case struck out with costs. Later, the
firm moved to have the case restored to the list and supported their motion with an affidavit
which did not show much regard for the truth. But the court accepted it and relisted the case
for hearing.
When the case was relisted, another person in the firm, Mr Ampaw was given the plaintiff’s
brief. Mr Ampaw appeared for the plaintiff and led him in evidence in chief. The plaintiff was
subsequently cross-examined. Mr Ampaw refused to re-examine the plaintiff and so closed his
case after the cross-examination. The court then held that the plaintiff had failed to prove
the losses which he suffered for which he sought to hold the insurance company liable.
The plaintiff was aggrieved and instructed Mr. Ampaw to appeal the matter. Mr. Ampaw
declined to do so. It turned out that there were some documents that the plaintiff had

already made available to the firm, which if Mr. Ampaw had tendered in evidence at the trial,
would have proved to the court the loss suffered by the plaintiff. Mr. Ampaw tried to remedy
this by applying for a review of the decision, but the application for review was denied.
The plaintiff decided to sue the firm for the negligent failure of Mr. Ampaw to prove the loss
sustained by the plaintiff which caused him to lose the case against his insurer.
1. A lawyer can be sued in respect of his negligence in the conduct of a case. The
negligence of one partner of a firm of lawyers is construed as the negligence of the
whole firm and so the firm can be sued for negligence in this regard.
2. In undertaking to act for a client, legal practitioners guarantee the existence and
due employment of skill and diligence on their part. And so where the client sustains
an injury in consequence of the absence of either the due skill or diligence, the
delinquent legal practitioner is responsible to his client for the injury. And in this
matter, since there was evidence to show that Mr Ampaw displayed a want of skill and
diligence, the firm would be liable to the plaintiff in negligence.
3. Per curia, the court held that in a country like Ghana it is in the public interest that
professional standards should be closely watched and that lapses in lawyers must
be seriously viewed and where such lapses result in grave financial losses to lay
clients, they must be adequately compensated.
4. In cases of negligence like this, the court would apply 3 relevant principles to the
assessment of damages;
 If the client’s case would have succeeded but for the negligence of the legal
practitioner then the injured client would be entitled to the full amount of
damages
 If although negligence was established, the action was nonetheless certain to

fail, the plaintiff would be entitled to no more than nominal damages
 Where although negligence had been established against the legal practitioner,
it was uncertain whether or not the action would have succeeded or failed,
but the plaintiff lost some right of substance, then the court should estimate
the damages as best as it could.
Watalah v. Ghana Primewood Products
The plaintiff filed a writ for damages for personal injuries arising from the defendant
company’s negligence. The case had been put down for hearing but counsel for the defendant
had the matter adjourned to a different date. When the next date was set, hearing notices
had been issued to both counsel and the counsel for the plaintiff even wrote the counsel for
the defendant to remind him of the hearing date. However, on that date, the defendant’s
counsel was absent. A representative of the defendant company informed the court that the
counsel had instructed them to be in court on that date.
The court proceeded with the case. The plaintiff led evidence and the defendant’s
representative was given the opportunity to cross-examine and to lead their own evidence but
he did neither. And judgment was entered in the plaintiff’s favour.
The defendant company then applied to have the judgment set aside as a default judgment
and the basis for their application was that counsel had not appeared in court because he
was trying to negotiate the claim out of court and that he had expected the counsel for
the plaintiff to inform the court of this.
1. This was not a default judgment because the defendant had been duly represented
and had been given the opportunity that a party to an action could be given. And so
the matter being decided on the merits, was not a default judgment.
2. The court stated obiter that lawyers had a duty to fearlessly defend the interests of
their clients but in so doing they should not allow personal feelings to affect that
duty. It was their duty to treat with courtesy and respect the court, opposing
counsel and witnesses. The conduct of the defendant counsel was so gross as to
damage the interests of the defendant company and bring discredit to the profession.
If other interests prevent a lawyer from taking the diligent interest that is required of
him in the matter and the lawyer allows those other interests to interfere with and
prejudice his client’s interests, his conduct was improper and against the ethics of
the profession.
3. The court further made the point that lawyers who are engaged in the public service
and who are called upon to represent public institutions in lawsuits have the
responsibility to ensure that public funds are not improperly expended through
their default and that they must exhibit the same degree of diligence as is required
of a private practitioner. There is no separate standard of professional conduct for
lawyers in private practice and lawyers in public practice. The standard is the same.
Otoo v. Biney
The plaintiff bought the land in question from the co-defendant who was the administrator of
the deceased’s estate. The co-defendant sold the same piece of land to the plaintiff and later
to the defendant.
The plaintiff did not register her conveyance, but the defendant had his registered and
stamped. She also failed to take steps to evidence her possession of the land.
The Court held that even though she had lost her interest in the land because the defendant
was a bona fide purchaser for value without notice of her interest and she had not registered
her conveyance and stamped it, she was not remediless. She could have an action against the
co-defendant who sold her the land. She could also have an action against her solicitor for
failing to advise her to register her deed of conveyance to protect her interest.
Rule 37 – Improper advantage
It is misconduct for a lawyer to take improper advantage of the youth, age, ill-health,
inexperience or lack of education of his client or use confidential information obtained
from his client to his client’s detriment.
Rule 38 – Breach of Confidence
A lawyer commits misconduct if he discloses or permits to be disclosed without his client’s

consent, any confidential communication made to him or his firm by the client or on the
client’s behalf and whether or not he has ceased to act for the client unless required to
make such disclosure by law or by the lawful order of any court.
Rule 39 – Failure to defend a client’s interest

1. A lawyer commits misconduct if when appearing before any court he fails to uphold
the interests of his client to the best of his ability.
2. A lawyer commits misconduct if when appearing before any court he fails to uphold
the interests to his client to the best of his ability
Akuffo-Addo v. Catheline
The Court stated that counsel appearing in an appeal owes a duty to his client to do all he
possibly can do to convince the appellate court that the lower court’s decision is wrong.
He must do this within the acceptable limits.
It is perfectly within his rights to say the decision is mistaken or erroneous and offer
reasonable argument or expostulation against it. However, this must be done with as much
courtesy as possible and the personality of the individual judges must be kept out.
Arguments ad hominem are not part of the legitimate duties of counsel who is on appeal.
And so while counsel may criticize the judgment of a lower court on appeal, they must not
give absolute discourtesy to the views of the lower court. They can vigorously make their
point without making discourteous statements.
Rule 40 – Withdrawal from Proceedings
1. Subject to 46(2) which allows a lawyer to withdraw where the client has committed
an illegality which the ethics will not permit him to disclose, a lawyer shall not
withdraw from proceedings except for good cause and even then, only in such a
way and at such a time that it does not unnecessarily embarrass the client in the
conduct of the proceedings.
2. It is misconduct for a lawyer to withdraw from the defence of a criminal case
because any personal opinion he may have on the client’s guilt.
3. Where a lawyer withdraws from a matter he is required to promptly hand over the
brief to the client from which he received it. Failure to do so is a misconduct.
4. The papers in a brief delivered to a lawyer are the property of the client and the
lawyer may not hand them over to another lawyer/person without the consent of the
client, even after withdrawal.
Rule 41 – Briefs limiting Authority

It is the duty of the lawyer not to accept a brief that limits his ordinary authority or a brief
that purports to fetter his discretion as to offering evidence. A lawyer shall not take a
subordinate position in the conduct of a case or share the conduct of the case with a
client, even if the client is a lawyer.
Rule 42 – Acting against a Client
It is misconduct for a lawyer having acted for a client to act against him in the same matter
or a related matter.
Rule 43 – Settlement of Disputes
1. It is the duty of the lawyer to advise his client to avoid or to terminate litigation
whenever the controversy will admit of a fair settlement.
2. And so it is misconduct where:
(a) He fails to communicate to his client the terms and effect of any settlement
offered his client or
(b) He declines to take an available opportunity in the client’s interest to reach a
solution by fair settlement out of court instead of engaging in legal
proceedings.
Rule 44 – Dealings with a foreign lawyer
A foreign lawyer is a lawyer who is not a member of the Ghana Bar.
1. A lawyer commits misconduct if having accepted instructions from a foreign lawyer to

act on behalf of a client,
(a) He does not handle the case promptly and competently without undue
interference from the pressure of other business, or
(b) He fails to keep the foreign lawyer regularly informed of the progress of the
case to enable the foreign lawyer to report to his client.
Rule 45 – Dealings with assisted persons
Where a lawyer undertakes to represent the indigent or a person assisted under a legal aid
scheme, he must use the same degree of skill and care on behalf of such persons as he
would for any other client, else he will be guilty of misconduct.

PART 4 – Duty to the Court
Rondel v. Worsley
In this case, the court states that, as an advocate, a lawyer is a minister of justice equally
with a judge and he has the right to a monopoly of audience in the higher courts, as no one
but the lawyer can address the judge unless it is a litigant in person. This power carries with
it a corresponding responsibility. “A barrister cannot pick and choose his clients. He is
bound to accept a brief for any man who comes before the courts. No matter how great a
rascal the man may be. No matter how given to complaining. No matter how undeserving or
unpopular his cause. The barrister must defend him to the end. Provided only that he is paid
a proper fee or in the case of a dock brief, a nominal fee. He must accept the brief and do
all he honourably can on behalf of his client…because his duty is not only to his client. He
has a duty to the court which is paramount. It is a mistake to suppose that he is the mouth-
piece of his client to say what he wants: or his tool to do what he directs. He is none of these
things. He owes allegiance to a higher cause. It is the cause of truth and justice. He must
not consciously mistake the facts. He must not knowingly conceal the truth. He must not
unjustly make a charge of fraud, that is, without evidence to support it. He must produce all
the relevant authorities, even those that are against him. He must see that his client
discloses, if ordered, the relevant documents, even those that are fatal to his case. He
must disregard the most specific instructions of his client, if they conflict with his duty to
the court. The code which requires a barrister to do all this is not a code of law. It is a code
of honour. If he breaks it, he is offending against the rules of the profession and is subject to
discipline.”
Republic v. Court of Appeal; Ex Parte Aponsah
The appellant was a legal practitioner who had appeared before the Court of Appeal fully
robed with another lawyer to argue an appeal in a case involving the applicant personally
and the respondent. The appeal commenced with the other lawyer representing the
applicant but later the applicant still fully robed and seated at the bar attempted to take
over and argue the appeal himself. The respondent’s counsel raised an objection that since
the applicant had not dispensed with the services of his own counsel, he could not argue for
himself or that where he wished to argue for himself, he should not appear in robes and
argue for himself from the bar.

The objection was upheld and the applicant was ordered to disrobe and even after this he
was denied the right of audience with the court while the other lawyer was ordered to
continue representing him as counsel. After the decision was rendered, the appellant applied
for certiorari to quash the decision of the Court of Appeal on grounds of a breach of natural
justice.
The Supreme Court held that:
1. A barrister who took his seat at the bar became one of the constituent panoply of
officers of the court irrespective of whether he was in court to represent his client.
And so, since the applicant was in court to argue his own case, he should not have
taken a seat at the bar or appeared before the court robed. He should have seated
himself at a respectable distance from the bar.
2. Further, under Rule 4 of the Court of Appeal Rules, a party to proceedings before the
Court of Appeal could either appear in person or be represented and appear by a
lawyer. But he could not appear both as a party and as counsel at the same time .
He must elect in which capacity he wished to appear.
Joseph v. Jebeile
The Court in this case referred to the principle that the duty of a legal practitioner who has
been engaged by a litigant is not only to his client but also to the court of which he is an
officer and it is essential that he should not permit these 2 facets of his duty to be in conflict
with each other.
Rule 46 – Deception to the Court
1. A lawyer commits misconduct if:

(a) He knowingly attempts to deceive and mislead the court or enables his client to
do so
(b) He gives the court any information or advice which to his knowledge is contrary
to law
(c) Knowingly assists, enables or permits his client to do anything which in his
opinion is dishonest or dishonourable.

2. Where the lawyer discovers in the course of proceedings some illegality or gross
irregularity committed by his client which by the ethics of the profession he is not
permitted to disclose, he shall discontinue the action for the client.
Rule 47 – Lack of frankness
There is a duty imposed on a lawyer to be absolutely fair, frank and candid in all his
dealings with the Court, his fellow lawyers and other parties to the proceedings, subject
only to not betraying his client’s cause, abandoning his legal rights or disclosing his
confidences.
Rule 48 – Acts of discourtesy
1. It is the duty of the lawyer to treat the court with due courtesy and respect
(a) He fails to treat every lawyer, party or witness appearing before the court
(including those with an interest adverse to his or that of his client) with due
courtesy, respect, fairness and consideration or
(b) In the cause of a trial, he alludes to the personal shortcomings of another
counsel.
(c) He addresses any offensive remarks to any person in court
Odonkor v. Amartei (No.2)
The applicants who had lost their case in succession in the High Court, the Court of Appeal
and the Supreme Court applied for a review of the Supreme Court decision.
The Court held, in relation to the duties of a lawyer that, no matter how “emotionally
overheated one may become, members of the legal fraternity have a duty to conform to
the time-honoured practice of comporting themselves always with decorum and dignity.
This must be reflected in the language they employ which should be of measured elegance
and sobriety. Judges do not claim they make no mistakes; there is no doctrine of judicial
infallibility, but our errors must be pointed out with judicial logic and sober argument.”
This was stated in response to the allegations made by counsel to the effect that the judges
in the previous case did not have a “full grasp” of the decision and that the judges “put into
the mouths of others what was never written” or that they intended to “obfuscate” what was
said and the judges “intentionally mis-appreciated evidence” to derive from them “wrong
conclusions” that the judges meandered and lost sight of their legal bearings, their judgments
not being anchored on sound legal doctrine, presumptions and principles, but on bare extra-
legal sentiments, non-legal views or beliefs, with an indulgence in outbursts which created an
“inconsistency of justice that could but command the confidence of the ordinarily reasonable
people on the Chorkor trotro boneshakers.”
Counsel further condemned judges for committing “a grave, if not disgusting miscarriage of
justice notwithstanding their double or treble concurrent holdings.”
This language was unacceptable and the Court urged lawyers to avoid making such offensive
remarks under the guise of pointing out the errors of the previous judges.
Assemblies of God Church Ghana v. Rev. Ransford Obeng & 4 Ors.
The Defendants wrote a letter to the Plaintiffs one day to the effect that they had decided to
cease affiliation with the Assemblies of God denomination with effect from a particular date.
The Plaintiffs on receipt of this letter, attempted to negotiate with the Defendants but this
attempt fell through and so they instituted action against the Defendants for a declaration
that the defendants had ceased to members of the church and so all property that they held
by virtue of their membership of the Assemblies of God was to be returned and account given
for it and also a perpetual injunction preventing the Defendants from interfering with the
Plaintiff’s local church building, offices or any other property of the church.
The Supreme Court noted that even though the counsel for both sides had put in much
industry into the conduct of the case, there was an over elaboration on their part. They “put
too much of their own self into the case.”
The Supreme Court further noted that while it was a good thing to conduct a case with
passion, too much passion could be injurious to the case. The Supreme Court urged all
lawyers in the preparation of a statement of case for their clients especially at the Supreme
Court level to be mindful of the following:
1. Consider in proper context, the grounds of appeal in relation to the facts of the case
and the law applicable. Serious efforts must be made to ensure that Counsel does not

deviate from the grounds of appeal and embark upon an excursion into uncharted
territories which can sometimes lead one into a minefield.
2. Avoid abusive and insulting language not suitable for use in a court of law such as
this Supreme Court. It is to be noted that Counsel can still make their points and
arguments very strongly without the use of language that is sometimes associated with
persons in some other vocations. Not so however in court of law.
3. And finally arguments contained in a statement of case must be made relevant to
specific grounds of appeal. In such a case, the argument must be related to specific
portions of the record of appeal and where applicable, relevant and appropriate legal
authorities must be cited in support.
Rule 49 – Misuse of Influence
A lawyer commits misconduct if he:
(a) Dissuades or attempts to dissuade a material witness from giving evidence in

proceedings or
(b) Attempts or permits another person either directly or indirectly to influence the
decision or action of any judge or official of the court with regard to any case or
matter whether by bribery, personal approach or any means other than persuasion in
pursuance of his duty as an advocate.
Rule 50 – Malicious Institution of Proceedings
It is misconduct if a lawyer institutes proceedings for a client from motives of anger or

malice which would be an abuse of the court process.
Rule 51 – Improper dealings

(a) He put into a pleading an allegation which upon reasonable construction is at
variance with the facts that have been laid before him by his client
(b) He puts into pleading an allegation of fraud without clear instructions from the
client that he wishes to allege fraud and will support the fraud allegations in
the witness box and without any material establishing a prima facie case of
fraud.

2. If in the material before him, there is nothing giving rise to a cause of action or
defence in law, the lawyer must seek further instructions to obtain material to support
a claim or defence and if none exists, he must advise his client accordingly.
3. If the material is not sufficient to warrant an allegation of fraud, the lawyer must
advise the client accordingly and state that he cannot put his signature to the
pleadings if it is to contain this charge.
Rule 52 – Acting as witness
1. It is misconduct for a lawyer to be acting on behalf of a client in a case where he

knows that he is likely to be called as a witness. He may only act as a witness for the
purpose of giving purely formal proof in evidence.
2. If a lawyer is a necessary witness to other matters, then the conduct of the case
should be entrusted to another lawyer.
Rule 53 – Failure to attend Court
It is misconduct for lawyer, without reasonable excuse, to fail to attend court or arrange for a
responsible member of the firm or staff or agent or some other lawyer to be present in the
court proceedings on his behalf.
See the case of Watalah v. Ghana Primewood Products above.
Rule 54 – Duty to exclude personal belief
No lawyer shall, either in argument to the court or in address to the jury, assert his personal
belief in the innocence of his client or in the justice of his cause or as to any of the facts
involved in the matter under investigation.

THE LEGAL PROFESSION (PROFESSIONAL CONDUCT AND ETIQUETTE) RULES, 2020 (LI 2423)
Rule No. Rule in LI 2423 Corresponding Rule Cases where the rule was applied
in GBA Code of
Ethics
1. Interpretation of the Rules
The Rules are to be interpreted in a manner that
recognizes that:
(a) A Lawyer has a duty in the practice of law to
discharge his responsibilities to a client,
the court, the public and any other lawyer
honourably and with integrity.
(b) A lawyer has a special responsibility
because of the privileges that come with the
legal profession and the important role that
the profession plays in a democracy and in
the administration of justice and a special
responsibility to recognize the diversity of
the Ghanaian community, to protect the
dignity of individuals and to respect human
rights laws in force in the country, and
(c) It is the duty of the lawyer at all times to
uphold the dignity and standing of the legal
profession.

2. A Lawyer in Practice Northern Engineering Limited v.
Djokotoe
2(1) – A lawyer in practice is a lawyer who:
• Is entitled to practice and represents that The lawyer for the plaintiff company
they are ready to practice who also happened to be the acting
• Is employed in a whole-time occupation managing director of the company,
where they perform legal duties brought an action in the High Court for
• Whose regular occupation is that of an editor the recovery of a sum of money that
or a reporter of a series of law reports entirely the defendant had allegedly paid out
written and edited by lawyers for use by the of the funds of the company without
legal profession authority.
• By the terms of their employment, is obliged
to offer legal advice A preliminary objection was raised as
• Is engaged in the teaching of law. to the capacity of the lawyer to act as
counsel for the company, since he was
2(2) – A lawyer in practice shall not: also the acting managing director.
(a) Be a managing director or executive
chairperson of a company or be an active The Court upholding the preliminary
partner in any business other than law objection, held that a reading of the
practice applicable rule showed that it was a
(b) Carry on a profession or business which clear and mandatory prohibition on
conflicts or otherwise involves a risk of lawyers acting as managing directors
conflict with the duties of the lawyer as a or executive chairmen in a company or
lawyer in practice. an active partner in a business.

2(3) – Where there is doubt as to whether a For that reason, the lawyer had
profession or business conflicts or involves a risk of committed misconduct.
conflict with the duties of a person as a lawyer in
practice, the Council may give a ruling on an
application made to the Council in writing by the
lawyer or any other person.
3. Name plates and professional stationery Rule 7 of GBA
3(1) – A lawyer shall not permit to be appear on
their name plate or be printed on their professional
stationery, the name of another person who is not
a lawyer with a valid license or who has not duly
complied with the requirements for registration
under law for practicing law.
3(2) – A lawyer or a law firm shall not use the name

of a lawyer who holds public office in the name of
the law firm or communication on behalf of the law
firm or their professional stationery during the
period in which that lawyer is not actively and
regularly practicing with the firm.
3(5) – A lawyer shall not indicate on their

professional stationery any client review and
approval ratings, provide professional stationery to

a client, misrepresent the status of incorporation
of the law firm on the professional stationery or
use the name of the lawyer who has been
disbarred on the professional stationery of the
lawyer.
4. Naming of chambers, naming of law firms and Rule 10 of GBA
pupillage
4(1) – A chambers must be approved and registered
with the GLC.
4(3) – Where the name of the chambers is misleading

or detracts from the dignity of the legal profession or
is similar to the name of an already existing
chambers or entity, the GLC is entitled to not grant
approval for the name of that chambers.
4(4) – The head of a chambers who wishes to change

the name of the chambers must submit an
application in writing to the Council for approval of
the change of name
4(9) – The head of a law firm shall ensure that the

name of the law firm includes the name or part of
the name of an existing sole proprietor or existing

partner of the firm or the name or part of the name
of 2 or more existing partners of the firm. The name
of the law firm should not be prohibited specifically
under any enactment and it should not be too
general or only descriptive.
4(10) – The name of a chambers should not:

• be descriptive of services provided or
the area of practice, but it can allow
the words, “A Law Firm” or
“Advocates and Solicitors” to appear
immediately after the name of the
chambers.
• consist of acronyms or solely of

initials, but may include the initials or
part of the initials of any existing or
former sole proprietor or partner of
the chambers, or where a logo is
stated in the form of an acronym or
initials only, the logo may be allowed.
• Include language that implies a

connection with a government agency

or a public or charitable legal services
organization, or language that would
imply a connection with a cultural,
racial, ethnic or religious group or
organization, language that would
imply a connection with another entity
or organization that is not already
enumerated or language that would
imply or connote that the chambers is
the best chambers or includes the
words, “Professional Corporation”,
“Limited”, “Incorporated”, “Limited
Liability Partnership”, or the
corresponding abbreviation, “Ltd”,
“Inc” or “LLP”.
• Imply a comparison between the

services provided by that chambers
and other chambers
• Indicate the existence of partnership,

association or affiliation where none
exists.
• Is not misleading as regards the

number of lawyers practicing within
that chambers or their status
• Be specifically prohibited under any
other enactment
• Be too general or only descriptive.
4(11) – A Lawyer shall not practice unless that

lawyer is a member of chambers which is approved
and registered by the Council or is a pupil of a
member of such chambers
4(12) – Membership of a chambers includes the right

to have their name exhibited at the chambers, right
to use the chambers for the conduct of their law
practice, right to the services of the clerk of the
chambers or being the sole occupier of the
chambers.
4(13) – A lawyer who is a member of a chambers may

use a part of their private residence for professional
work.
4(14) – Where a lawyer uses a part of their private

residence as a chambers, they must ensure that the
part of the private residence that is used for
professional work is clearly separated from the
residential part of the residence.
4(15) – A lawyer cannot take on pupils unless that
lawyer has been in practice for at least 7 years and
has notified the GLC of the proposed pupillage.
5. Representation by a lawyer Rondel v. Worsley
5(1) – A lawyer is the representative of a client, an
In this case, the court states that, as
officer of the legal system and a public citizen with a
an advocate, a lawyer is a minister of
special responsibility for the delivery of quality
justice equally with a judge and he
justice.
has the right to a monopoly of
audience in the higher courts, as no
5(2) – A lawyer has a duty to a client as an advisor,
one but the lawyer can address the
an advocate, a negotiator, an evaluator and to
judge unless it is a litigant in person.
promptly and diligently perform professional
This power carries with it a
functions.
corresponding responsibility. “A
barrister cannot pick and choose his
5(3) – A lawyer shall not represent a group of persons
clients. He is bound to accept a brief
without the knowledge of the members of the group
for any man who comes before the
of persons and shall notify the members of the group
courts. No matter how great a rascal
of persons of the representation by that lawyer.
the man may be. No matter how given
to complaining. No matter how
undeserving or unpopular his cause.
The barrister must defend him to the
end. Provided only that he is paid a
proper fee or in the case of a dock
brief, a nominal fee. He must accept
the brief and do all he honourably can
on behalf of his client…because his
duty is not only to his client.
He has a duty to the court which is

paramount. It is a mistake to suppose
that he is the mouth-piece of his
client to say what he wants: or his tool
to do what he directs. He is none of
these things. He owes allegiance to a
higher cause. It is the cause of truth
and justice. He must not consciously
mistake the facts. He must not
knowingly conceal the truth. He must
not unjustly make a charge of fraud,
that is, without evidence to support
it. He must produce all the relevant
authorities, even those that are
against him. He must see that his
client discloses, if ordered, the
relevant documents, even those that

are fatal to his case. He must
disregard the most specific
instructions of his client, if they
conflict with his duty to the court.
The code which requires a barrister to

do all this is not a code of law. It is a
code of honour. If he breaks it, he is
offending against the rules of the
profession and is subject to
discipline.”
6. Competence
A lawyer shall provide the competent representation

to a client in the form of legal knowledge, skill,
thoroughness and preparation reasonably necessary
for the representation.
7. Courtesy Akuffo- Addo v. Catheline
The Court stated that counsel
A lawyer shall in the course of litigation be
appearing in an appeal owes a duty to
courteous, civil, and act in good faith towards the
his client to do all he possibly can do
Court and persons with whom the lawyer deals.
to convince the appellate court that
the lower court’s decision is wrong.
He must do this within the acceptable

limits.
It is perfectly within his rights to say

the decision is mistaken or erroneous
and offer reasonable argument or
expostulation against it. However, this
must be done with as much courtesy
as possible and the personality of the
individual judges must be kept out.
Arguments ad hominem are not part of
the legitimate duties of counsel who is
on appeal.
And so while counsel may criticize the

judgment of a lower court on appeal,
they must not give absolute
discourtesy to the views of the lower
court. They can vigorously make their
point without making discourteous
statements.
8. Standard of conduct in the public service See Watalah v. Ghana Primewood
Products, where the court noted that
8(1) – A lawyer who holds a public office shall in the lawyers in public service were bound
by the same rules of ethical conduct
discharge of official duties, adhere to the standard
and were to ensure that state funds
of conduct prescribed by these Rules for a lawyer are not unduly expended. And the
engaged in the practice of law. standard of conduct for both lawyers
in the public service and in private
practice are the same.
8(2) – A lawyer who holds public office shall not
allow professional or personal interest to conflict
with the proper performance of official duties.
9. Scope of representation Rule 27 of GBA

9(1) – A lawyer shall not counsel a client to engage,
or assist a client in conduct that the lawyer knows
is criminal or fraudulent.
9(2) – A lawyer may discuss the legal consequences

of a proposed course of conduct with a client and
may counsel or assist a client to make an effort in
good faith to determine the validity, scope,
meaning or application of the law.
10. Diligence
A lawyer shall act with reasonable diligence and
promptness in representing a client.
11. Communication with client
11(1) – A lawyer shall promptly inform the client of

a decision or circumstance with respect to which the
informed consent of the client is required by these
Rules, reasonably consult with a client about the
means by which the objectives of the client are to
be accomplished, promptly comply with reasonable
requests for information, consult with a client
about a relevant limitation on the conduct of that
lawyer where the lawyer knows that the client
expects assistance not permitted by the Rules and
explain a matter to the extent reasonably necessary
to permit a client to make an informed decision
regarding the representation.
11(2) – A Lawyer shall avoid offensive or

provocative language and ensure that
correspondence or other communication sent to a
client is courteous.
12. Communication with other person
12(1) – A lawyer shall not in the course of
professional practice send correspondence or
communicate orally with another lawyer or any other
person in a manner that is abusive, offensive or
inconsistent with the proper conduct of a
professional communication from a lawyer.
12(2) – A lawyer shall answer with reasonable

promptness a professional letter or communication

from another lawyer that requires a response.
13. Communication with represented person Rule 11 of GBA

13(1) – A lawyer shall not approach, communicate
or deal with a represented person on a matter or
attempt to negotiate or compromise a matter
directly with a represented person except through
or with the consent of the lawyer of that
represented person.
13(2) – A lawyer shall not in the course of
representing a client, communicate the subject of
the representation to a person that lawyer knows to
be represented by another lawyer in the matter
unless the lawyer has the consent of that other
lawyer or is authorized to do so by law or an order of
the Court.
14. Communication relating to the services of a lawyer
14(1) – A lawyer shall not make a false or misleading

communication about another lawyer or the services
of another lawyer.
15. Solicitation of a client Rule 9 of GBA –
There are no
15(1) – A lawyer or law firm shall not personally or
excepted persons to

through any other means of communication solicit whom solicitation
may be allowed.
for professional employment from a prospective
Also, accepting
client where the motive for the solicitation is the instructions that
may have arisen
pecuniary gain of the lawyer or the law firm unless
from solicitation
the person contacted is a lawyer or has a family, also amounts to
professional
personal or prior professional relationship with the
misconduct.
lawyer or the law firm.
Rule 6 of GBA –
advertisement.
15(2) – Despite (1), solicitation is not allowed where
the prospective client has expressed to the lawyer or
law firm, its desire to not be solicited or where the
solicitation involves coercion, duress or
harassment.
15(3) – A lawyer or law firm shall not employ agents

or runners for the purposes of instigating litigation,
or pay or directly or indirectly reward a person
who brings or influences the bringing of a case to
the lawyer or law firm, or remunerate a person who
may succeed under the guise of giving disinterested
friendly advice in influencing a criminal, sick, injured
or ignorant person to seek the professional services
of the lawyer or law firm.

15(4) – The creation of a website does not
contravene the rules on solicitation once the
website complied with the requirements in subrules
5-7.
15(5) – Information published on a lawyer or law

firm’s website should include: the full name of the
lawyer or law firm, business and postal addresses,
telephone numbers, emails of the lawyer or law firm,
the passport picture of the lawyer or the partners,
associates and juniors of the law firm, a history of
the law firm and the profile and areas of practice of
the lawyer or of the law firm or of the lawyers in the
firm.
15(6) – A lawyer can only list the names of his

former and current clients when he obtains the
clients’ approval to do so.
15(7) – A lawyer or the head of a law firm shall not

publish information on the website that includes
language describing the lawyer or the law firm as
the best lawyer or law firm or has a high level of
expertise, a statement that is inaccurate or likely

to mislead the public, diminish public confidence
in the legal profession and the administration of
justice or otherwise bring the legal profession in
disrepute. Again, information which is a criticism
of another lawyer or law firm or a statement about
the success rate of the lawyer or law firm or a
statement that is obtrusive and may cause
annoyance to the person to whom the statement is
directed, shall not be published on the website.
15(8)- For the purposes of this rule, website of the

lawyer or law firm does not include social media.
16. Legal fees Rule 31 of GBA GIHOC v. Tamakloe
16(1) – A lawyer shall not make an agreement for The respondent company engaged the
charge or collect an unreasonable fee or an plaintiff firm to handle a suit against
unreasonable amount for expenses. it brought by another company. Later,
the respondent brought the
16(2) – To determine the reasonableness or otherwise relationship to an end through a letter
of a fee, the lawyer shall consider: terminating the services of the
(a) The time and labour required appellant. Following this, the
(b) The novelty and difficulty of the questions appellant served a 1-month demand
involved, and the skill required to perform notice on the respondent company for
the legal service the payment of legal fees outstanding.
(c) The likelihood, if apparent to the client that The respondent company failed to

the acceptance of the particular comply with the demand notice and
employment shall preclude other the appellant sued for the recovery of
employment by the lawyer the legal fees. The respondent denied
(d) The fee customarily charged in the country owing the appellant money and that
for the provisions of similar legal services they did not agree on the fees at the
(e) The amount involved and the results onset of the engagement.
obtained
(f) The time limitations imposed by the client or The Court held that lawyers and law
by the circumstances firms practicing in Ghana are required
(g) The nature and length of the professional in the services they render to their
relationship with the client clients to strictly adhere to the
(h) The experience, reputation and ability of approved scale of fees or established
the lawyer performing the service tariffs. And the scale of fees requires
(i) Whether the fee is fixed or contingent lawyer to negotiate and agree with
(j) Whether the fee falls within the approved the client the fees to be charged
scale of fees based on the range provided for each
service and the terms of payment
16(3) - A Lawyer shall communicate in writing, the before the commencement of the
scope of the representation and the basis or rate of provision of legal services. In breach
the fee and expenses for which the client is of the Scale of Fees, the appellant
responsible to the client, before or within a chose to render the service before
reasonable time after commencing the sending invoices for his services for
representation. the payment by the client.

16(4) – Subrule 3 does not apply where the lawyer When instructed by a client, a lawyer
charges a regularly represented client on the same or a law firm is required to discuss,
basis or rate negotiate and agree with the client
the fees payable within the range
16(5) – Where there is a change in the basis or rate provided in the Scale of Fees and
of the fee or expenses, the lawyer shall then execute a written retainer
communicate this to the client. agreement, engagement letter or fee
paying agreement detailing the scope
of legal services to be performed,
the fees and expenses to be charged
and the possibility of a refresher fee
if the assignment goes beyond the
anticipated time frame for such
cases.
The agreement with the client shall

also provide the terms of payment of
the fees, the percentage payable as
deposit, the type of fee structure
(i.e., fixed fee, hourly fee, etc), and
If the service is to be rendered pro
bono, the agreement must
specifically state so.

In this case, since the appellant law
firm has failed to negotiate, discuss
and agree on its legal fees with the
respondent before the commencement
of the service and further failed to
enter into a written retainer, fee
paying, or engagement agreement
with the respondent detailing the
scope of work and the legal fees
payable by the client for the service,
they had breached the rules of
professional misconduct.
17. Contingent fee
17(1) – A fee may be contingent on the outcome of
the matter for which the service is rendered.
17(2) – A lawyer may contract with a client for a

reasonable contingent fee in a civil case
17(3) – A contingent fee agreement shall be in
writing, signed by the client and shall state: the
method by which the fee is to be determined,
including the percentage that will accrue to the
lawyer in the event of settlement, trial or appeal,
the expenses to be deducted from the recovery

and whether the expenses are to be deducted
before or after the contingent fee is calculated.
18. Sharing of legal fees Rule 5 – this is a
A lawyer or law firm shall not share legal fees with blanket prohibition
on the sharing of
a non-lawyer except where:
legal fees. This
(A) An agreement between the lawyer and the blanket prohibition
is now subject to
firm of the lawyer, partner or associate
the exceptions in
provides for the payment of money over a Rule 18 of the LI
2423.
reasonable period of time after the death of
the lawyer to their estate or to other
persons specified in the agreement.
(B) The lawyer or law firm includes an employee

who is not a lawyer in a compensation or
retirement plan even though the plan is
based in whole or in part on a profit-sharing
arrangement, or
(C) The lawyer shares legal fees awarded by a

court with a non-profit organization that
employed, retained, or recommended
employment of the lawyer in the matter.
19. Confidentiality of information Rule 38 of GBA
19(1) – A lawyer shall not reveal information

relating to the representation of a client unless the
client consents to the disclosure or the disclosure is
necessary to carry out the representation or where
the disclosure is permitted under the Rules or any
other law.
19(2) – A lawyer may reveal information relating to

the representation of the client where it is
necessary to prevent reasonably certain death or
substantial bodily harm, prevent the client from
committing a crime or fraud that is reasonably
certain to result in a substantial injury to the
financial interest or property of another person, to
prevent or mitigate or rectify substantial injury to
the financial interest or property of another
person that is reasonably certain to result in or has
resulted from the commission of a crime or fraud by
the client, to secure legal advice about the
compliance of the lawyer with these Rules, to
establish a claim or defence on behalf of the
lawyer in a controversy between the client and the
lawyer or in respect of a criminal charge or civil
claim against the lawyer based on conduct that the
client was involved in or to respond to allegations

in any proceeding concerning the representation
of the client by the lawyer, or where the disclosure
is in compliance with the law or an order of the
Court.
19(3) – The duty of confidentiality continues to

exist even after the relationship of the lawyer and
the client has ceased to exist.
20. Conflict of Interest Rule 34 of GBA Jones v. Buckle
Ekwan v. Ewusie
20(1) – A lawyer shall not represent both the Rule 32 of GBA
Ankrah v. Ofori
plaintiff and defendant in respect of a dispute.
Aboagye da Costa v. Disciplinary
Committee of the GLC
20(2) – Where there is or is likely to be a conflicting
The Republic v High Court
interest, a lawyer shall not act unless the client or
(Commercial Division) Accra Ex Parte
prospective client consents after adequate
Charles Zwennes, Philip Addison,
disclosure to enable them to make an informed
Merlin Gaming Ghana Limited, Eric
decision.
Gbeho (Interested Parties)
20(3) – A lawyer is prohibited from:

Before the substantive matter could
 Entering a business transaction with a client
be held, there was an objection raised
 Knowingly acquiring an ownership, concerning a conflict of interest, since
possessory, security or other pecuniary the Counsel for Merlin Gaming Ghana
interest adverse to a client, unless the Limited, Philip Addison Esq was the
transaction and the terms on which the Company Secretary, Shareholder and
interest is acquired are fair and reasonable Director of Merlin Gaming Ghana
to the client and are fully disclosed and Limited, but the law firm with which
reduced into writing in a manner that can be he worked had been instructed to
reasonably understood by the client and the institute an action against Philip
client is advised of the desirability of Addison in his capacity as substantive
seeking and is given the reasonable Company Secretary of Merlin Gaming
opportunity to seek the advice of an Ghana Limited.
independent legal counsel on the transaction
and the client gives informed consent in The High Court held that there was a
writing to the essential terms of the conflict of interest existing here and
transaction and the role of the lawyer in that so they ordered Charles Zwennes and
transaction. his l law firm (Gaisie Zwennes Hughes)
to cease representing the
20(4) – A lawyer shall not use information relating Applicant/Respondent (Philip Gbeho)
to the representation of a client to the client’s and gave him 30 days to find a new
disadvantage unless the client gives informed lawyer to represent him in the
consent and unless the Rules require the lawyer to substantive matter.
do so.
20(5) – A lawyer shall not solicit a gift from a client,

including a testamentary gift, or prepare on behalf
of a client, an instrument giving the lawyer or a
person related to the lawyer a gift, unless the
lawyer or other recipient to the gift is related to

the client.
20(6) – A lawyer shall not provide financial

assistance to a client in connection with pending or
contemplated litigation, except where the lawyer is
advancing costs, the repayment of which is
contingent on the outcome of the case and where
the lawyer is representing an indigent client.
20(7) – A lawyer shall not accept compensation for

representing a client from a person other than a
client, unless the client consents to the lawyer
receiving that compensation and there is no
interference with the lawyer’s independence of
professional judgment or with the lawyer-client
relationship.
20(8) – A lawyer shall not enter into an agreement

with a client to limit the liability of the lawyer to
the client for malpractice except where the client
is independently represented in making this
agreement. Also, a lawyer shall not acquire a
proprietary interest in the cause of action or
subject matter of litigation that the lawyer is

conducting for the client.
20(10) – A lawyer shall not have amorous relations

with their client unless the relationship existed
before the commencement of the lawyer-client
relationship.
20(11) – A lawyer shall not have amorous relations

with a client of the lawyer on the opposing side.
20(12) – Where an amorous relation commences

between the lawyer and their client or the client
of the lawyer on the opposing side, the lawyer
must cease to act for that client immediately.
20(14) – A conflict of interest is an interest that is

either:
 Likely to adversely affect the judgment of the
lawyer on behalf of or loyalty to a client or
prospective client, or
 One that the lawyer might prefer to the
interest of a client or prospective client.
21. Duty to former client Aboagye da Costa v. Disciplinary
Committee of the GLC – where the
21(1)- A lawyer who has formerly represented a
lawyer represented a party in
client in a matter shall not represent another proceedings against his former client
in respect of a land transaction.
person in the same or substantially related matter
in which the interest of that person is materially Jones v. Buckle
Ekwan v. Ewusie
adverse to the interest of the client.
Ankrah v. Ofori
21(2) – A lawyer is prohibited from representing a

person in the same or substantially related matter
in which he or his firm, to the lawyer’s knowledge,
had previously represented a client whose interest
is materially adverse to the interest of that person
and about whom the lawyer had acquired
information protected by the Rules that is material
to the matter.
21(3) – A lawyer or law firm who has formerly

represented a client in a matter shall not use
information relating to the representation of the
former client except where permitted to do so
under the Rules or where the information has
become generally known. The lawyer shall also not
reveal information relating to the representation of
the client except as permitted by these Rules.
22. Acting for more than one party Rule 34
22(1) – A lawyer or law firm shall not act as a lawyer

for two parties in the same transaction.
22(2) – A lawyer shall not act:

 For both vendor and purchaser in
connection with a contract for the sale of
land or transfer of land for value at arm’s
length
 For both vendor and purchaser in connection
with a contract for the sale of a business at
arm’s length
 For both lessor or lessee in connection with
a lease of land or an agreement for the
lease of land for value at arm’s length
 For both financier and borrower in
connection with a loan of money or
provision of finance or an agreement to lend
money or provide finance
 For both the purchaser of land and the
lender of money or the provider of finance
intended to be secured by a mortgage of
land.
22(3) - A lawyer shall not act as guarantor in

connection with the loan or provision of finance

where that lawyer or their firm is also acting in the
same transaction for the borrower or the
financier.
23. Conflict of interest in relation to government
officers and employees
23(1) – A lawyer who served as a public officer or
employee of the government shall not represent a
client in connection with a matter in which that
lawyer was involved as a public officer or
employee.
24. Former judge, arbitrator, mediator or other third-
party neutral
24(1) – A lawyer shall not represent a person in
respect of a matter in which the lawyer has been
previously involved as a judge, an adjudicative
officer, a law clerk, an arbitrator, mediator or
third-party neutral.
24(2) – A lawyer shall not negotiate for employment

with a person who is involved as a party or as a
lawyer for the party in a matter in which the lawyer
is involved as a judge, an adjudicative officer, an
arbitrator, a mediator or a third-party neutral.
25. Client with diminished capacity

25(1) – Where the capacity of a client to make
adequately considered decisions in respect of a
representation is diminished on the grounds of
mental impairment or for any other reason, the
lawyer shall as far as is reasonably possible,
maintain a normal lawyer-client relationship with
the client.
25(2) – And where the lawyer reasonably believes

that a client has diminished capacity, is at risk of
substantial physical, financial or other harm and
cannot adequately act in the interest of that client,
the lawyer shall take reasonably necessary
protective action including consulting with an
individual or an ent--ity that has the ability to take
action to protect the client and in appropriate cases,
seek the appointment of a guardian-ad-litem,
conservator or guardian for that client.
26. Safekeeping of property Rule 28 of GBA Agbemashior v. SIC
Rule 30 of GBA
26(1) – A lawyer shall hold the property of a client or
third party that is in the possession of the lawyer in
respect of a representation separate from the
property of the lawyer.

26(2) – A lawyer shall keep money belonging to a
client in a separate account
26(3) – A lawyer may deposit money belonging to

the lawyer in the trust account of the client for the
sole purpose of paying bank service charges on the
account, but only an amount necessary for that
purpose.
26(4) – Where a lawyer receives moneys or other

property in which a client or a third party has an
interest, the lawyer shall promptly notify that
client or the third party.
26(5) – Subject to an agreement with the client or

under an enactment, a lawyer shall promptly
deliver to a client or third party, money or other
property to which that person in entitled to
receive and promptly render a full account regarding
the moneys or property upon request by the client or
third party.
26(6) – Where in the course of representation, the

lawyer comes into possession of property in which 2

or more persons claim to be interested, the lawyer
shall despite his personal interest in the property,
keep the property separate from other properties of
the lawyer until the dispute is resolved and promptly
distribute the portions of the property in respect of
which there is no dispute.
27. Accounts of lawyers Rule 29 of GBA
Rule 30 of GBA
27(1) – A lawyer shall give a receipt for each
payment made to the lawyer and specify in the
receipt the purpose for which the payment was
made.
27(2) – A lawyer shall keep books of record and

proper records in relation to the accounts.
28. Sale or purchase of law practice
A lawyer may sell or purchase their legal practice or
an area of law practice including good will where
they comply with the requirements in 28.
29. Duty to client Rule 43 of GBA
29(1) – A lawyer shall where appropriate, inform the
client about reasonably available alternatives to
fully contested adjudication of the case unless the
lawyer believes on reasonable grounds that the
client already has an understanding of the

alternatives to enable the client make decisions
about the best interests of the client in relation to
the case.
29(2) – A lawyer shall not stand surety to secure

bail for a client
29(3) – A lawyer shall at the appropriate time in the

hearing of the case and if the court has not yet been
informed, inform the court of a binding authority,
or a persuasive authority, or applicable legislation
which the lawyer has reasonable grounds to believe
to be directly in point against the client.
30. Improper relationships and contracts n
30(1) – A lawyer shall not join or act in association
with an organization or a person who is not a
practicing lawyer and whose business or a part of
whose business is to make, support or prosecute a
claim arising as a result of death, or personal injury
including claims under the Workmen’s Compensation
Act where that person or organization solicits or
receives a payment, gift or benefit in respect of the
claim, or an act in respect of a claim for a client
introduced to that lawyer by that person or

organization.
30(2) – A lawyer shall not knowingly act for a client

introduced or referred to them whose connection
arises from solicitation in respect of causes of
claims under the Workmen’s Compensation Act.
31. Lawyer as counselor Rule 3(1)(b) of GBA
A lawyer shall for the purpose of rendering advice
to a client exercise independent professional
judgment
32. Lawyer serving as a third-party neutral
32(1) – A lawyer serving as a third-party neutral shall
inform the unrepresented party that the lawyer is
not representing that party and explain to them
the difference between the role of a lawyer as a
third-party neutral and the role of a lawyer as a
person who represents a client, where the person
does not understand the distinction.
32(2) – A lawyer is a third-party neutral where their

job is to assist two or more persons who are not
their clients to reach the resolution of a dispute or
other matter. This includes service as an arbitrator,
a mediator or in any other similar capacity.

33. Lawyer as advocate
33(1) – A Lawyer shall not bring or defend a
proceeding or assert or controvert an issue in a
proceeding, unless there is a basis in law and fact
for so doing that is not patently frivolous and which
includes a good faith argument for an extension,
modification or reversal of existing law.
33(2) – A lawyer for a defendant in a criminal

proceeding or a respondent in a proceeding that
could result in incarceration shall defend the
proceedings to the extent necessary for element of
the case to be established.
34. Expediting litigation
A lawyer shall make reasonable efforts to expedite
litigation consistent with the interest of the client.
35. Candour toward the Court or tribunal Rule 46 of GBA Simon Boakye Amoateng v. Western
35(1) - A lawyer shall not knowingly make a false Publication Ltd & Despite Music
statement of fact of law to the court or fail to Production
correct a false statement previously made or fail to The Court applying 35(2) held that a
disclose to the court, a legal authority known to deposition in an affidavit which was
the lawyer to be directly adverse to the position of false and misleading was in breach of
the client and not disclosed by opposing counsel or the rules of professional conduct and
offer evidence that the lawyer knows to be false. the duties of the lawyer as an officer

of the courts.
35(2) – Where the lawyer, his client or a witness
called by that lawyer offers material evidence and
the lawyer is made aware of the inaccuracy of the
material evidence, the lawyer is under obligation to
take reasonable remedial measures and if
necessary, disclosure to the court or tribunal.
35(3) – A lawyer may refuse to offer evidence that

they reasonably believe to be false, other than the
testimony of the accused in a criminal matter.
36. Fairness to opposing party and counsel

36– A lawyer shall not unlawfully obstruct the
access of another party to evidence or unlawfully
alter, destroy or conceal a document that has
potential evidentiary value or counsel or assist
someone to do same.
A lawyer shall also not falsify evidence, counsel or
assist a witness to testify falsely or induce a
witness in a manner prohibited by law, or
knowingly breach an obligation under the rules of
court…
37. Impartiality and decorum of the Court or tribunal

A lawyer shall not seek to influence a judge, juror,
prospective juror or other officer of the court by
means prohibited by law, or communicate with
these persons during proceedings unless
authorized by law or a court order, or engage in
conduct intended to disrupt a court or tribunal.
38. Commenting on pending matter Rule 8 of GBA – this
A lawyer who is participating or has participated in is a blanket
the investigation or litigation of a matter that is prohibition on
still pending before a court shall not make an out of granting interviews
court statement or grant an interview to the media to the press on any
on the matter. matter at all on
which the lawyer is
or was being
engaged as counsel,
however this
blanket prohibition
no longer applies.
39. Lawyer as a witness Rule 52 of GBA
39(1) - A lawyer shall not act as an advocate at a
trial in which the lawyer is likely to be a necessary
witness.
39(2) – A lawyer may act as advocate in a trial in

which another lawyer in the firm
of that lawyer is likely to be called as a witness.
40. Special responsibilities as a prosecutor Rule 25 of GBA

41. Truthfulness with others
In the representation of his client, the lawyer shall
not knowingly make a false statement of material
fact or law to a third party or fail to disclose a
material fact to a third person where the
disclosure is necessary to avoid assisting a criminal
or fraudulent act by a client unless the disclosure is
prohibited by the Rules
42. Dealing with unrepresented persons Rule 20 of GBA
A lawyer shall not deal with an unrepresented
person in an unfair manner
43. Respect of rights of third party
In the representation of the client, a lawyer shall
not employ a means that embarrasses, delays or
burdens a third party or violates their legal rights.
44. Responsibility of a partner and manager of a firm
A partner in a law firm or a lawyer who individually
or together with another possess comparable
managerial authority in the law firm shall ensure
that a lawyer in that firm conforms to LI 2423

45. Supervisory authority Rule 24 of GBA
45(1) – A lawyer who has direct supervisory
authority over another lawyer shall ensure that the
other lawyer conforms to the Rules.
45(2) – A lawyer is responsible for the violation of

the rules of professional conduct by another
lawyer or a person who is employed, retained or
associated with the lawyer, where the lawyer
ordered that conduct or ratified it, is a partner or
has comparable managerial authority in the firm in
which the other lawyer practices or has direct
supervisory authority over other lawyers and
knows of the conduct at the time when the
consequences could have been avoided or mitigated,
but failed to take reasonable action.
46. Responsibility regarding non-lawyer assistants Rule 24 of GBA
A partner, a lawyer with comparable managerial
authority in the firm, or a lawyer who has direct
supervisory authority over the non-lawyer, who
employs, retains or associates with a non-lawyer
shall ensure that measures have been put in place to
ensure that the conduct of the non-lawyer is
compatible with the professional obligations of a

lawyer.
47. Professional independence of a lawyer Rule 3(1) (b) of GBA
47(1) – A lawyer shall not form a partnership with a
non-lawyer where any of the activities of intended
partnership involves the practice of law.
47(2) – A lawyer shall not permit a person who

recommends, employs or pays the lawyer for
rendering a legal service to direct or regulate the
professional judgment of the lawyer in rendering the
required local service.
48. Unauthorized practice of law Klu v. Laryea
48(1) – A lawyer shall not practice or assist another
Ex Parte Teriwajah
person to practice law in violation of the laws of
Henry Nuertey Korboe v. Francis
the legal profession.
Amosa
48(2) – A lawyer who is not admitted to practice in

this jurisdiction shall not establish an office or
other systematic and continuous presence in the
jurisdiction for the practice of law or hold
themselves out to the public or otherwise represent
that they are entitled to practice law in this
jurisdiction.

48(3) – A person who is not qualified to practice law
in the jurisdiction shall not practice law in this
jurisdiction.
49. Appointment by Court Rondel v. Worsley – accepting the dock
A lawyer shall accept an appointment made by a brief for a nominal fee as an officer of
court to represent a person except where: the court.
 Representing that person is likely to result in
a contravention of the Rules or any other law
 Representing that person is likely to result in
an unreasonable financial burden on the
lawyer, or
 The acceptance of the appointment is
repugnant in that it is likely to impair the
lawyer-client relationship or the ability of the
lawyer to represent the client.
50. Membership of a legal service organization
50(1) – A lawyer may serve as a director, officer or
a member of a legal service organization apart
from the firm at which they work, despite the fact
that the legal services organization serves a person
who has an adverse interest to a client of that
lawyer.
51. Law reform activity affecting interest of client
A lawyer may serve in an organization involved in the

reform or administration of the law despite the fact
that the reform may affect the interests of the
client.
52. Statement about judicial and legal officials
A lawyer shall not make a statement which the
lawyer knows is false or with reckless disregard for
its truth or falsity concerning the qualification or
integrity of a judge, an adjudicative officer, a
public legal officer or a candidate for election or
appointment to a judicial or legal office.
53. Use of privileged information Rule 51 of GBA
53(1) – A lawyer shall not draw or settle any court
document alleging criminality, fraud or other
misconduct unless they believe on reasonable
grounds that the factual material already available
to the lawyer provides a proper basis for the
allegation, that the evidence of the allegation is
legally admissible or that the client wishes the
allegation to be made after being advised of the
seriousness of the allegation and the possible
consequences if the allegation is not made.
53(2) – A lawyer shall not open as a fact an
allegation which they do not reasonably believe
they can substantiate with the available evidence.

53(3) – A lawyer shall not cross-examine a witness in
a manner that suggests criminality, fraud or other
serious misconduct on the part of a person unless
the lawyer believes on reasonable grounds that the
material already available to the lawyer provides a
proper basis for the suggestion and in cross-
examining the witness with respect to their
credibility, the lawyer believes on reasonable
grounds that an affirmative answer to the
suggestion diminishes the credibility of the
witness.
54. Integrity of evidence Rule 46 of GBA

54(1) – A lawyer shall not advise or suggest to a
witness to give false evidence.
54(2) – A lawyer shall not suggest or condone a

client or another person suggesting to a prospective
witness the content of any particular evidence
which the witness should give at any stage in a
proceeding
54(4) – A lawyer shall not coach or encourage a

witness to give evidence that that witness believes
to be false.
55. Integrity of hearing
55(1) – A lawyer shall not publish or cause to be
published a material concerning current
proceedings for which the lawyer is engaged unless
the lawyer is supplying a copy of pleadings, an
affidavit or witness statement, transcript of
evidence permitted by the Court, a copy of an
exhibit admitted in open Court without restriction
to access, a copy of a written submission or
objective information as to the status of the
proceedings.
55(2) – a lawyer shall not publish or cause to be

published a material concerning current or
potential proceedings including proceedings for
which the lawyer is engaged or seeks to be engaged
which is inaccurate or has received comment or
unnecessary description, which identifies the lawyer
as a lawyer and appears to express an opinion of
the lawyer on a matter relevant to the case other
than an article or a case note in a publication
circulated primarily to other lawyers or legal

academicians, or is calculated or is likely to a
material degree to diminish or be prejudicial to
the public confidence in the administration of
justice.
56. Duty of a prosecutor to assist the Court Rule 25 of GBA
The prosecutor is under a duty to assist the court in
arriving at the truth. The prosecutor must not press
the case for a conviction beyond the full and firm
presentation of the case, seek to influence the
court to be biased against the accused, argue a
proposition that they do not believe on reasonable
grounds to carry weight or contribute to the guilt
of the accused or confer with or interview an
accused person.
57. Duty of a prosecutor to disclose information Rule 25 of GBA
The prosecutor is under a duty to disclose to the
opposing party every material available as soon as
practicable including information that is relevant to
the guilt or the innocence of the accused, unless
the disclosure of that information threatens the
integrity of the administration of justice in the
proceedings or the safety of a person. Where the
material in their possession has been unlawfully or
improperly obtained, then the prosecutor is under

a duty to inform the opposing party whether or not
they intend to use that information, make the
information available to them and inform them of
the grounds for which they believe the information
was improperly obtained.
58. Undertaking by lawyer Rule 22 of GBA
58(1) – A lawyer shall fulfill any undertaking they
give.
58(2) – Where in the course of practice, a lawyer

communicates with another lawyer and the
communication either expressly or by necessary
implication constitutes an undertaking to
personally ensure the performance of an action or
an obligation in circumstances where it is
reasonably expected that the other lawyer will
rely on that undertaking, then the lawyer shall
honour the undertaking in accordance with the
terms and within the time promised or within a
reasonable time.
58(3) – A lawyer shall not give to another lawyer an

undertaking under which his compliance is
dependent on the cooperation of a third party who

is not a party to the undertaking and whose
cooperation cannot be guaranteed by the lawyer.
58(4) – A lawyer shall not in the course of practice,

seek from another lawyer or the employee of that
lawyer an undertaking the compliance of which
requires the cooperation of a third party who is
not a party to the undertaking and whose
cooperation cannot be guaranteed by the lawyer or
the employee requested to give the undertaking.
59. Replacement of lawyer Rule 40(3) of GBA –

59(1) – Where the engagement of a lawyer is where a lawyer
terminated before the completion of a matter and withdraws from a
the client instructs another lawyer to take over, the case, he must
first lawyer shall promptly, on receipt of direction promptly hand over
in writing from the client, deliver to the second the brief to the
lawyer all the relevant documents and information client from whom he
needed for the proper conduct of the matter. received it and this
is subject to a right
59(2) – Where the client is the one who terminates of lien which he may
the engagement, the first lawyer may retain lawfully exercise.
possession of the documents until all costs owed
by the client are paid or payment is secured by the

lawyer.
59(3) – Where the first lawyer is the one who

terminates the engagement, and the documents in
his possession are necessary to the defence or
prosecution of current proceedings in court, the first
lawyer may surrender the documents to the client,
where the client gives satisfactory security for the
unpaid costs, or the new lawyer where the client so
directs. The new lawyer must hold the documents
subject to the lien of the first lawyer and if
practicable provide reasonable security for the
payment of the cost of the first lawyer or enter into
an agreement with the client and the first lawyer to
ensure the payment of the cost of the first lawyer
upon completion of the relevant proceedings.
60. Debt collection or mercantile agency
60(1) – A lawyer shall not use or cause to be used
the business name or stationery of that lawyer by
a debt collection agency or mercantile agency in a
manner that is likely to mislead the public.
61. Standard of conduct Rule 1 of GBA
A lawyer shall not engage in conduct whether in the Rule 27 of GBA
course of practice or otherwise, which is dishonest,

or calculated or is likely to a material degree to be
prejudicial to the administration of justice or
diminish public confidence in the administration of
justice or adversely prejudice the ability of the
lawyer to practice in accordance with the Rules
62. Offer of legal service Rule 37 of GBA - a
62(1) – A lawyer in the offer of legal services shall lawyer shall not
not use means that are false or misleading, amount take improper
to coercion, duress or harassment or take advantage of his
advantage of a vulnerable person or intended to client
influence a person to change their lawyer unless
that person or the other lawyer themselves initiate
the change, or a means that brings the profession or
the administration of justice into disrepute.
63. Advocacy Rule 39 of GBA
63(1) – Where a lawyer is acting as an advocate, the Rule 47 of GBA
lawyer shall respect the client resolutely and Rule 50 of GBA
honourably within the limits of the law while Rule 49 of GBA
treating the court with candour, fairness, courtesy Rule 46 of GBA
and respect.
63(2) – A lawyer, while acting as advocate, should
not:
 Knowingly abuse the court process by
instituting malicious proceedings

 Knowingly assist or permit the client to act
in a dishonorable or dishonest manner
 Appear before a judicial officer where the
relationship existing between that judicial
officer and the lawyer or his associate or his
client is one that is likely to raise questions
on the impartiality of that officer
 Endeavour, either directly or indirectly to
influence the decision or the action of a
court or a court official by any means other
than open persuasion in court
 Knowingly attempt to deceive a court either
by offering false evidence, misstating a fact
or law, presenting or relying on false or
deceptive affidavit, suppressing something
that ought to be disclosed or otherwise
assisting illegal or criminal conduct
 Knowingly misstate the contents of a
document, the testimony of a witness, the
substance of an argument, or the provision
of an enactment or like authority
 Knowingly assert a fact as true when the
truth of the fact cannot reasonably be
supported by the evidence or a matter of

which notice may be taken by the court
 Deliberately refrain from informing the
court of a binding authority that the lawyer
directly considers to be on point and that has
not been mentioned by the party on the
other side.
 Dissuade a witness from giving evidence or
advise the witness to be absent
 Knowingly permit a witness or a part to be
presented in a false or misleading way or to
impersonate another person
 Needlessly abuse or harass a witness
 When representing a complainant or
potential complainant, attempt to gain a
benefit for that person by threatening a
criminal charge or by offering to seek or
procure the withdrawal of a criminal
charge or
 Inconvenience a witness.
64. Appeal by a lawyer who is a witness Rule 52 of GBA

A lawyer who is a witness in proceedings shall not
appear as an advocate in an appeal from the
decision in respect of those proceedings.
65. Briefs and pleadings Rule 26 of GBA Rondel v. Worsley
65(1) – A lawyer in practice is bound to accept any
brief in court in which the lawyer professes to
practice at a proper professional fee depending on
the length and complexity of the case.
65(2) – A lawyer shall only justify his refusal to

accept the brief on special circumstances
65(3) AND (4) – Unless it is a retainer for advice, a

lawyer shall be separately instructed and separately
remunerated by fees for each piece of work done
and shall not undertake to represent a person, an
authority or a corporation in all the court work of
that person for a fixed annual salary.
66. Encouraging compromise or settlement Rule 43 of GBA Kalu v. Kalu
66(1) – A lawyer shall advise and encourage a client The matter was between members of
to compromise or settle a dispute where it is a family concerning where the
possible to compromise or settle the issue on a deceased, who was a Nigerian national
reasonable basis and discourage the client from should be buried and who has the right
commencing frivolous legal proceedings. to make such a decision.
66(2) – A lawyer shall consider the use of an ADR The Court noted that the nature of
mechanism for the resolution of the dispute and the case was more suited to

where appropriate inform the client of the ADR mediation and that the parties should
options. have been encouraged by their
lawyer to use the mediation option
66(3) – Where the client opts for ADR, the lawyer that was open to them.
shall pursue that option.
67. Dishonest, fraudulent and illegal conduct Rule 46 of GBA
67(1) – Where the lawyer is retained to act for a
client and the lawyer knows that the client intends
to act dishonestly, fraudulently or illegally, the
lawyer is to advise the client that their conduct is
dishonest, fraudulent or illegal.
67(4) – Where the person persists in the proposed

course of conduct, the lawyer shall withdraw in
acting in the matter in accordance with the Rules.
68. Joint retainer
69. Unrepresented persons Rule 20 of GBA
69(1) – Where a lawyer deals on behalf of a client
with an unrepresented person, that lawyer shall:
 Advise the person to obtain independent
legal representation
 Ensure that the unrepresented person is not
proceeding under the impression that their
interest is protected by that lawyer and

 Inform the unrepresented person that the
lawyer is acting exclusively in the interests
of the client and accordingly his comments
may be partisan.
70. Borrowing from a client

70(1) - A lawyer shall not borrow money from a
client unless that client is an institution whose
business includes lending money to the public.
70(2) – Where there is a pre-existing debt between
a lawyer and a third party, the lawyer shall not act
for the third party.
71. Guarantee by a lawyer
71(1) – A lawyer shall not guarantee personally or
provide security for any indebtedness in respect of
which the client is a borrower or lender, except
where:
 The lender is an institution whose business
includes lending money to the public or
where the lender is providing funds solely
for the lawyer, his spouse, parent or child.
 The transaction is for the benefit of a non-
profit or charitable organization, where the
lawyer is a member or supporter and is

either individually or together with others
providing the guarantee
 The lawyer has entered into a business
venture with a client and the lender
requires a personal guarantee from all
parties in the joint venture and the lawyer
has complied with the rules on conflict of
interest and conducting business with a client
and the lender and the client have received
independent legal representation.
72. Communication with witness giving evidence
73. Communication with juror
73(1) – A lawyer shall not, before the trial,
communicate or cause another person to
communicate with a person that he knows to be a
juror for the trial
73(2) – A lawyer shall promptly disclose to the court

any information that the lawyer has knowledge of on
the improper conduct by a juror to another juror or
the juror’s family member
73(3) – A lawyer who is connected with the case shall

not communicate with or cause another person to

communicate with a juror about the case.
74. Direct supervision Rule 24 of GBA
A lawyer is required to assume complete
professional responsibility for their practice and to
directly supervise any non-lawyers to whom they
assign a duty.
75. Prohibition of sexual harassment
A lawyer shall not sexually harass a colleague, a
member of staff or a client.
76. Courtesy and good faith Rule 48 of GBA
76(1) – A lawyer shall be courteous, civil and act in
good faith with all persons with whom the lawyer
has dealings in the course of his practice.
76(2) – A lawyer shall not engage in unethical
behaviour or take advantage of or act without fair
warning on a slip, irregularity or mistake of
another lawyer without going into the merits of the
case or which involve the sacrifice of a right of a
client.
76(3) – A lawyer shall not record a conversation

between the lawyer and a client or another lawyer
without the prior approval of that client or another
lawyer.

77. Appearance before an official body
Where a lawyer, a partner or associate of that
lawyer is a member of an official body, that lawyer
shall not appear professionally before that official
body.
78. Conduct after leaving public office
A lawyer who has left public office shall not act for
a client in connection with a matter for which the
lawyer had a substantial responsibility before
leaving public office.
79. Prevention of unauthorized practice Rule 23 of GBA
A lawyer shall assist in the prevention of
unauthorized practice of the law.
80. Engagement of unauthorized person Rule 23(a) of GBA
A lawyer shall not, except with the express
approval of the Council, retain, occupy office space
with, use the services of, or partner or associate
with or employ in any capacity having to do with the
practice of law, a lawyer who has either been
disbarred, suspended from practice, or has been
involved in disciplinary action and has been
permitted to resign or to surrender the license to
practice law and has not had their license
restored.

81. Appearance by a judge as counsel
81(1) – A judge who has retired, resigned or been
removed from office shall not join a firm or appear
as counsel or advocate before the court in which
the judge served or any lower court or appear as
counsel before an administrative board or tribunal
over which the court exercised an appellate or
judicial review jurisdiction over for a period of 2
years from the date of the retirement, resignation or
removal, without the express consent of the
Council.
81(2) – The Council may grant the approval in

exceptional circumstances and on conditions that
they consider necessary.
82. Contact with a witness
A lawyer shall not coach a witness, encourage them
to give evidence that is untruthful or not the whole
truth, or communicate with the witness about the
case once the witness has begun to give evidence
and until the evidence has been concluded, except
with the consent of the opposing party’s
representative or the court.
83. Conduct in court

83(1) – A lawyer who conducts proceedings in court:
 Is personally responsible for the conduct
and presentation of the case
 Shall exercise personal judgment upon the
substance and purpose of the statements
made and questions asked
 Shall not assert a personal opinion of the
facts or law unless invited by the court to do
so or where it is the duty of the lawyer to do
so
 Shall not make a submission that is
deliberately misleading
 Shall not make a statement or ask a
question that is scandalous or intended to
vilify or insult a witness or any other person
 Shall if possible, avoid the naming in open
court of a third party whose character is
likely to be impugned and
 Shall only suggest to a person that they are
guilty or liable where the allegation is in
relation to a matter in issue, is material to
the case and appears to the lawyer to be
supported on reasonable grounds.
84. Continuing professional development
84(1) – A lawyer who holds a practicing certificate
issued by the Council shall complete a minimum of
12 hours of continuing professional development in
a calendar year and submit details of the CPD to
the Council in the prescribed form and at the
prescribed time.
85. Conditions for the withdrawal of representation Rule 40 of GBA
85(1) – A lawyer shall not withdraw from
representing a client except for good cause
85(2) – Where a lawyer withdraws representation,

the lawyer shall give notice of the withdrawal to
the client.
86. Optional withdrawal
Subject to the Rules of Court and the direction of
the court, a lawyer may withdraw from a matter if
the client has lost confidence in the lawyer’s
ability to represent him or after reasonable notice,
the client fails to provide funds on account of
disbursements or fees.
87. Declining or terminating representation and
mandatory withdrawal
87(1) – A lawyer shall not withdraw from
representing a client unless:

 The representation will result in a violation
of the Rules or any other law
 The physical or mental condition of the
lawyer will materially impair the lawyer’s
ability to represent the client or
 The lawyer is discharged from representing
the client
87(2) – A lawyer may withdraw if:

 The withdrawal does not materially affect
the interest of the client
 The lawyer believes that the client is
engaged in a cause of action that is criminal
and fraudulent, but the client continues to
persist in that conduct
 The client has used the lawyer’s services to
perpetrate a crime or fraud
 The client insists on taking action that the
lawyer considers repugnant or with which
the lawyer has a fundamental
disagreement.
 The client fails to substantially fulfill an
obligation to the lawyer regarding the
services of the lawyer and the lawyer has
given reasonable notice to the client of
withdrawal unless the obligation is fulfilled
 The representation of the client shall result
in unreasonable financial burden on the
lawyer or the client has rendered the
representation unreasonably difficult, or
 Any other good cause for withdrawal exists.
87(3) – A lawyer shall comply with the legal
requirements in relation to a termination of
representation (Order 75 of CI 47).
87(4) – A lawyer shall continue to represent a client

if the Court ordered him to continue to represent the
client
87(5) – Where the lawyer terminates representation,

he must take reasonable steps to protect the
client’s interest, including:
 Giving reasonable notice to the client
 Affording the client time to engage new
counsel
 Surrendering the papers and property to
which the client is entitled and
 Refunding an advance payment of fee or
expense that has not been earned or

incurred
87(6) – A lawyer may retain papers relating to the
client to the extent permitted by law.
88. Withdrawal on non-payment of fees or other cause
88(1) – Where a lawyer has agreed to act in a case
and the interval between a withdrawal and the
conduct of the case is insufficient to enable the
client engage the services of another lawyer and
allow that new lawyer prepare adequately for the
case, the lawyer who has agreed to act may
withdraw due to the inability of the client to pay
the agreed fee or other adequate cause, once the
lawyer gives the client notice in writing of the
withdrawal, gives an account to the client of
moneys received on account of fees and
disbursements and gives notice in writing of the
withdrawal to the clerk or registrar of the
appropriate court in writing that the lawyer is no
longer acting for that party.
88(2) – However, where the lawyer wishes to

withdraw b
under the circumstances above, but an
adjournment of the case cannot be obtained

without adversely affecting the client’s interest,
the lawyer shall not withdraw due to non-payment
of fees.
88(3) – Where the reason for withdrawal is one

other than non-payment of fees, and the interval is
insufficient to enable the client obtain the services
of another lawyer to enable that new lawyer
request for an adjournment, the lawyer may
withdraw from the case only with the permission
of the court before which the case is to be tried.
89. General acts of professional misconduct Rule 2 of GBA
A lawyer commits professional misconduct where
they:
 Violate the rules of professional conduct or
knowingly assist or induce another lawyer
to do so,
 Engage in conduct that involves dishonesty,
fraud, deceit, or misrepresentation
 Engage in conduct that is prejudicial to the
administration of justice or
 States or implies an ability to improperly
influence a government agency or official to
achieve results by means that violate the

rules of professional conduct or any other
law.
90. Improper communication Rule 48(C) of GBA Odonkor v. Amartei (No.2)
A lawyer commits professional misconduct if the Obeng v Assemblies of God Church
lawyer in the course of practice communicates to a
client, another lawyer, or any other person in a
manner which is abusive, offensive or otherwise
inconsistent with the proper ethics of the
professional communication from a lawyer.
91. Deception of Court or the Disciplinary Committee Rule 14 of GBA
A lawyer commits professional misconduct where he: Rule 46 of GBA
 Deliberately deceives a court
 Knowingly permits a client to attempt to
deceive a court
 Attempts to or deliberately deceives or makes
a false representation to the Disciplinary
Committee or in any other manner misleads
the Disciplinary Committee, or
 Acts contrary to an undertaking given to a
court or to the Disciplinary Committee.
92. Signing of documents Rule 16 of GBA
A lawyer commits professional misconduct if he signs
a document not prepared by or under his
supervision
93. Agreements and undertakings Rule 22 of GBA
93(1) – A lawyer commits professional misconduct
where he fails to honour a written undertaking
unless on the face of the undertaking it is clear
that the lawyer was not accepting personal
responsibility. A lawyer also commits professional
misconduct where he issues a cheque on his behalf or
on behalf of his firm and the cheque is not
honoured due to lack of funds. It is also
professional misconduct for a lawyer to make an oral
agreement on his own behalf or on behalf of his law
firm and fails without reasonable cause to honour
that agreement, even at a financial cost to him.
93(2) – A lawyer is under a duty to honour an oral

agreement that affects the rights of a client as far
as is reasonably practicable under the
circumstances, although the agreement is legally
unenforceable unless reduced to writing.
94. Staff supervision Rule 24 of GBA
A lawyer commits professional misconduct if that
lawyer fails to exercise proper supervision of the
members of staff of that lawyer to the detriment of
the lawyer’s client.

95. Negligence and delay Rule 36 of GBA Fodwoo v. Law Chambers
A lawyer commits professional misconduct if that Watalah v. Ghana Primewood
lawyer conduct the business of a client with Products
negligence or delays as to damage the interest of the
client or bring the legal profession into disrepute or
discredit.
96. Settlement of dispute Rule 43 of GBA
96(1) – A lawyer has a duty to advice a client to
avoid or terminate litigation where the dispute will
admit of a fair settlement
96(2) – A lawyer commits professional misconduct if

that lawyer fails to communicate to a client the
terms and effect of a settlement that is offered to
the client or declines to take an available
opportunity in the interest of the client to resolve
the dispute by settlement out of court instead of
engaging in legal proceedings.
97. Acting as a witness Rule 52 of GBA
97(1) – A lawyer commits professional misconduct if
that lawyer acts on behalf of a client in proceedings
in which the lawyer is likely to be called as a
witness.

97(2) – This does not apply where the lawyer acts as
witness for the purposes of giving formal proof in
evidence
97(3) – Where a lawyer is a necessary witness to

other matters in the proceedings, that lawyer shall
entrust the conduct of the case to another lawyer.
98. Failure to attend court Rule 53 of GBA Watalah v. Ghana Primewood
A lawyer commits professional misconduct if without Products
reasonable excuse, that lawyer does not personally
attend court proceedings in relation to a matter or
arrange for another lawyer or a representative of
his firm or his agent to be present throughout the
proceedings in relation to a matter in which the
lawyer is acting.
99. Extension of time
A lawyer may apply to the GLC to extend the time
within which they are required to comply with any of
the mandatory requirements in the Rules.
100. Report of professional misconduct Rule 15 of GBA
100(1) – A lawyer who knows that another lawyer
has committed a violation of the rules of
professional conduct that raises a substantial
question as to the honesty, trustworthiness or

fitness of that lawyer in other respects, shall inform
the Disciplinary Committee.
100(2) – A lawyer who knows that a judge has

violated the rules of judicial conduct that raises a
substantial question of the fitness of the judge for
office shall inform the appropriate authority.
101. Disciplinary Authority Seth Kwame Awuku v. GLC
101(1) – A lawyer who is admitted to practice law in The applicant had been admitted to
this jurisdiction is subject to the disciplinary practice law in Canada as a member of
authority of this jurisdiction regardless of where the the Ontario Bar. Subsequently, his
professional misconduct occurs. name had been struck out from the
Roll of Lawyers by the Law Society of
101(2) – A lawyer who is not admitted to practice Upper Canada, of which he was a
law in this jurisdiction is subject to the disciplinary member.
authority of this jurisdiction if that lawyer provides
or offers to provide any legal services in this He later moved to Ghana and did the
jurisdiction. Post-Call law course, after which he
was admitted to the Ghana Bar to
101(3) – A lawyer may be subject to the disciplinary practice law in Ghana.
authority of both this jurisdiction and another
jurisdiction for the same misconduct. It later came to the attention of the
GLC that at the time he applied to be
admitted to the Bar in Ghana, he was

not of good character since he had
been disbarred in Canada because he
had misappropriated his client’s
money.
Following this, the GLC under Section

16A, struck out his name from the Roll
of Lawyers without a disciplinary
enquiry.
The applicant then applied for an

order of certiorari first to quash the
decision of the GLC to strike his name
off the Roll of Lawyers, then an order
of mandamus to compel them to
restore his name to the Roll and then
a declaration that Section 16A of Act
32 was unconstitutional.
The Court held that the matter

concerned the interpretation and
enforcement of the Constitution and
so the action instituted in the High
Court is an abuse of the court process,

and asked the applicant to bring the
matter in the Supreme Court.
Marfo v. the Republic
There was a criminal matter before the court in which the lawyer for the accused applied for bail pending trial for the accused.
The prosecution argued that the lawyer for the accused was a public officer engaged in a private business, profession or trade and
so his representation made the proceedings irregular because he was at the time of the proceedings in the employment of the
State Gold Mining Corporation.
The Court held that the lawyer had acted in contravention of Article 201 of the then 1979 Constitution. As such he would be
subject to disciplinary sanctions, since it was an act of gross misconduct to practice as lawyer while actively serving as a public
officer. However, it would be unconstitutional to deny the accused bail simply because of this fact.
Read Xavier Sosu v. GLC
Lawyer Sosu while representing Mr. Yeboah in a case against MDEX Company Limited Accra, posted the writ of summons on his
Facebook account and made certain comments on the progress of the case, attaching his firm’s name, address, and telephone
numbers with the primary motive of advertising and touting.

Lawyer Sosu did a similar thing in a case involving Togbui Afede, posting pictures of the parties and comments on the progress of
the case on his Facebook together with his firm’s name, address, and telephone numbers.
He was convicted on his own plea and sentenced to 3 years suspension.
The lawyer as an Officer of the court
Hayford Ofosu v. the Republic – Every lawyer, as an officer of the court owes it as a duty to ensure that he does not sacrifice the
settled and uncontradicted facts and law applicable in a given case for the convenience of his client.
Republic v. Barima Agyekum – The Court per Asiedu JA noted that a lawyer as an officer of the court owes the court a duty to be
very candid and truthful with the court, even in garnishee proceedings. The lawyer in question told the court differently
constituted by a vacation judge that there had been no order for stay of execution in the face of an order previously made by the
court and by this lie succeeded in withdrawing GHS 290,000 which had been paid pursuant to the order for stay of execution. A
lawyer as a practitioner before a court has everything to gain by being candid with the court.
Naomi Wood v. Regina Mensah – a court appointed surveyor can even be an officer of the court.

Advocacy Tutorials
2014 Question 1
Legal Ethics Issues
1. Whether or not Helen-Lois committed misconduct by naming the law firm after her late father and his childhood partner
and allowing their names to appear on the name plate of the law firm.
Rule 7 of the GBA Code of Ethics
Rule 3(1) of LI 2423; 3(3)(a) – exception to the rule where the person is a predecessor or a former partner
Rule 4(9) of LI 2423
2. Whether or not Helen-Lois can be a practicing lawyer and a Minister of Religion at the same time
Rule 2(2)(b) of LI 2423

Rule 3(1) of the GBA Code of Ethics
Northern Engineering v. Luguterah
Helen cannot do both
3. Whether or not the GBA President has the capacity to deliver a ruling on the allegations against Helen-Lois.
Section 18 of the Legal Profession Act, 1960 (Act 32), Rule 2(3) of LI 2423
Wardbrew v. GBA (No.2) [1993-94] 2 GLR (see holding 2)
Helen-Lois is right in challenging his capacity to deliver the ruling against her.
4. Whether or not Helen-Lois committed professional misconduct by failing to notify the client of the receipt of the money
and subsequently investing the client’s money in t[reasury bills without the client’s knowledge and approval.

Rule 26(4) and (5) of LI 2423
Rule 28(e) – report promptly receipt of money to the client
5. Whether or not Helen-Lois committed professional misconduct by refusing to represent Opanyin Tijani in a matter against
her former senior

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Communication should be effective. Effective communication involves understanding the

 Clients (whether lay or professional)

It is important to understand who your audience is and communicate accordingly. Failure

The following methods can be applied in communication:

Principles of Communication for Lawyers

Sedinam Botwe | 2022

2. Do not be pompous. Communication is wasted if it is not understood. Long and

Sedinam Botwe | 2022

8. Be assertive but not abusive. Be thorough but dispassionate.

Sedinam Botwe | 2022

 They misunderstand the professional role of the advocate.

A lawyer is bound by the rules of professional conduct, in Rule 90 of LI 2423 to avoid

Amegatcher states that, “Dispassionate politeness is the bedrock of the adversarial

Obeng v. Assemblies of God Church [2010] SCGLR 300

Sedinam Botwe | 2022

INTERVIEWING CLIENTS AND WITNESSES

A good interview structure will help the lawyer:

Sedinam Botwe | 2022

Why Interview a Client or Witness?

1. To obtain information necessary to the case or transaction

Sedinam Botwe | 2022

3. Potential conflict of interest

How to Conduct a Successful Interview

Sedinam Botwe | 2022

Solicitor’s Attitude to the Client during the Interview

1. The lawyer should introduce themselves to the client.

4. Developing a preliminary theory of the case: Litigation is usually conducted

The facilitators include:

1. Conveying empathetic understanding: Empathy is merely identifying with another

3. Etiquette barriers and prejudices created by social norms and conventions:

4. Different conceptions about relevant and irrelevant information: A client often

2. Responsive listening: This is a slight modification of passive listening. With

3. Receptive listening: This is an overlap of passive and responsive listening. The

4. Active listening: This is an enhanced method of communication by which the

How to employ active listening to enhance communication:

 Mirror what the client is feeling or saying by occasionally paraphrasing the

An advantage of active listening is that it helps to develop a rapport between the

a. the questioner requests for information

b. the person being questioned provides the information.

Sedinam Botwe | 2022

Use plain simple English in questioning.

A Leading Question asked in examination-in-chief undermines the witness’

Leading questions are allowed in some circumstances:

c) In cross-examination. In fact, every question asked in cross-examination is

Sedinam Botwe | 2022

Narrative answers are generally more convincing than fragmented testimony

7. Alternative question: This type of question is a closed or semi-open question that

Types of Non-Verbal Communication

Sedinam Botwe | 2022

3. Arm, hand movement and leg movement

Sedinam Botwe | 2022

4. Handshaking: A firm handshake may indicate confidence and openness.

Sedinam Botwe | 2022

Advantages of Non-Verbal Communication

A preconception is an opinion or an idea that is formed in advance of a person before

Dealing with Presumptions

THE ADVOCATE AS A STORYTELLER

Sedinam Botwe | 2022

A persuasive story should have the following characteristics:

3. It is told by credible witnesses.

5. It accords with common sense and contains no implausible elements.

Plausibility is a good foundation for storytelling.