Professional Documents
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Ethical Rules - Simplified - 1
Ethical Rules - Simplified - 1
Ethical Rules - Simplified - 1
Every person whose name is entered on the Roll is entitled to practice as a barrister or solicitor
Section 2 of Act 32
Status of Lawyers and can sue and recover legal fees. Rondel vrs. Worsley
Rule 16 of L.I 2423
He can be an officer of the court and attract all liabilities of a lawyer
section 3 of Act 32
Qualification for enrolment A person must be of good charater and hold a qualifying certificate issued by the GLC
Also known as the Roll of Legal Practitioners and kept by the Judicial Secretary
Applicants must apply through the Judicial Secretary
Roll of Lawyers section 6 of Act 32
Attach an affidavit of identity
Attach an authenticated copy of qualifying certificate issued by the GLC
1. shall not contain the name of any person other than a lawyer
2. shall not permit any person not qualified to hold or practice law
Name Plate and Professional 3. shall not use the name of a lawyer who holds a public office on the stationary during the Rule 3 of LI 2423
Stationary time that that person is not actively and regulary practising witht he firm. Rule 7 of GBA Code
4. Exception; name of predecessors or former partners of the firm can be included in the
name of the firm
1. chamber shall be approved and registered by the GLC
2. name shall be approved by the GLC
3. shall not be approved if it is misleading, detracts from the dignity of the profession or
similar to that of another firm
Naming of Chambers and law firms 4. name shall be in English or local language Rules 3 and 4 of LI 2423
5. shall not contain words descriptive of services provided or area of practice
6. may include initials of the existing or former partners
7. should contain language refereable to a specific geographical area or location or type of
entity eg. LTD, LLP etc
Every lawyer must be a member of a chambers or the pupil of a member of chambers Section 8 of Act 32
Rule 4(11) (13) (14) of LI
Practising without chambers
Working from home is permitted, if the space is set apart for professional work eg. Home 2423
library or study Rule 10 of GBA Code
1. A representative of a client
2. an officer of a legal system
3. a public citizen with special responsibility for the delivery of quality justice
4. an advisor
Representation and Definition of a
5. an advocate Rule 5 of LI 2423
Lawyer
6. an evaluator
Prohibited from representing a group or person without knowledge of the members of the
group
1. Competence
2. Courtesy Rules 6, 7, 8, 10 and 41 of LI
3. Diligence 2423
Qualities of a Lawyer
4. Adherence to standard of conduct Rule 36 and 46 of GBA
5. Industry Code
6. Truthfulness
But: if the date for the case, time for a new lawyer to prepare for the case, adjournment is
impossible and the client's interest would be adversely affected, the lawyer cannot withdraw
from the handling the case at that time.
1. Must be prompt
2. Lawyer must reasonably consult with clients on the most objective means to achieve things
3. consult with clients about relevant limitations on the the lawyer Rules 11 and 90 of LI2423
Communication with clients
4. Explain matters to the client to enable the client to make informed decisions Rule 4 of GBA
5. Avoid the use of abusive, offensive and provocative language, both oral and in
correspondences. He should be generally, courteous.
Avoid the use of abusive, offensive and provocative language, both oral and in Rules 12 and 90 of LI2423
Communication with other person
correspondences. He should be generally, courteous. Rule 4 of GBA
A lawyer commits a misconduct if he takes instructions from a client knowing that the client Rule 67 of LI 2423
Dishonesty, fraud and illegality
intends to act dishonestly or where the lawyer advices the client to act dishonestly Rules 2 and 27 of GBA code
Exception:
a. An agreement for payment upon death, between a lawyer and the firm, partners or Rule 18 of LI 2423
Sharing of legal fees
associates Rule 5 of GBA Code
b. compensation or retirement packages for employees of the firm
c. fees awarded by the lawyer or firm to NGO which employed or recommended the
employment of the lawyer or firm
1. Required to keep proper books of accounts for all monies received by or on behalf of a
client.
Section 48 of Act 32
2. The books should be separate from every other client's account and that of the firm or
Rules 26 and 27 of LI 2423
Client's Account lawyer's
Rules 28, 29, 30 of GBA
3. Promptly notify the client of monies received on behalf of the client
Code
4. Render full account regarding monies recieved to the client.
5. Issue out reciepts for payments recieved, indicating the purpose of the payment.
Prohibitation from doing or causing anything to be done or published with the primary motive
of personal advertisement
Rule 6 of GBA Code
Advertisement
Exception:
Rule 3(5) 0f LI 2423
a. Publication in legal directory or journal or legal publication
b. Keeping of simple business cards
2. the duty applies even after the termination of the lawyer-client relationship
1. Prohibited from representing both a plaintiff and a Defendant in the same matter
2. Prohibited from acting in a matter where there is likely to be a conflict
3. Prohibited from entering into a business transaction with a client
4. Prohibited from acquiring ownership or possessory interest or security interest adverse to a
client
5. Prohibited from transactions with a client, unless the terms are fair and reasonable to the
client
6. Prohibited from using information about the representation of a client to the disadvantage
of the client.
Rules 20 and 21 of LI 2423 Jones vrs. Buckle
7. Prohibited from soliciting gifts or financial assistance from clients
Rules 3, 33, 34 and 42 of Ekwan vrs. Ewusi
Conflict of Interest 8. Prohibited from providing financial assistance to clients, unless it is for court cost or
GBA Armah vrs. Amugi
expenses and in respect of an indegent client.
Amkrah vrs. Ofori
9. Prohibited from accepting compensation from 3rd parties in respect of a clients case,
unless, client gives consent and such compensations do not interefer with the lawyer's
independence or judgment.
10. Prohibited from settling claims or limiting the liability of a client for malpractices, unless
the client is independently represented
11. Prohibited from acquiring proprietory interest in the litigation of a client
12. Prohibited from armorous relationship with client or opposing lawyer (it also applies to
associates of the firm)
13. Prohibited from acting against previous clients
1. A lawyer is required to ensure that other lawyers and employee of the law firm comply with
the ethical rules.
2. A lawyer is required to exercise proper supervision of the members of staff of that lawyer or
Direct supervision of lawyers and Rules 44, 45, 74 and 94 of
his firm and to prevent acts that are detrimental to clients
non-lawyers (vicarious liability) LI 2423
Failing which that lawyer would be held liable for the misconducts of non-lawyers or
employees.
A lawyer commits a misconduct if he conducts the business of a client with negligence and
Rule 95 of LI 2423
Negligence and delay delay such that, it caused damage to the interest of the client or brings the legal profession Fordjour vrs. Law Chambers
Rule 36 of GBA
into disrepute or discredit.
A lawyer is prohibited from giving personal references to people the lawyer does not know or
Personal references Rule 21 of GBA code
references which are untrue
The body responsible for accepting complaints about the misconducts of lawyers as well as
section 18 of Act 32
Disciplinary authority holding disciplinary enquiry is the Disciplinary Committee of the GLC. Thus any complaint is
Rule 101 of LI 2423
referable to the DC of the GLC
1. A lawyer is required to report any acts of misconduct by another lawyer to the Disciplinary
Rule 89 and 100 of LI 2423
Reporting misconduct committee of the GLC
Rule 15 of GBA code
A lawyer commits a misconduct if he fails to accept instruction from a client to institute legal
action against another lawyer. Rule 13 of GBA code
Proceeding against another lawyer
Rule 65 (2) of LI
A lawyer may refuse to do so, if he has a reasonable ground to refuse or special circumstances
A lawyer commits misconduct if he fails to pay the proper legal fees to another lawyer whom
Payment of fees of another lawyer Rule 12 of GBA
he instructs to act for his client
1. Required to honour written undertakings, unless on the face of it it is clear that you are not
accepting personal responsibility
2. Prohibited from giving another lawyer an undertaking, which requires compliance by a 3rd
party or which compliance can't be guaranteed.
3. Prohibited from seeking from another lawyer or employee of that lawyer an undertaking Rule 22 (3) of LI 2423
4. Prohibited from serving as a guarantor in connection with a loan agreement, unless, it is in Rules 58, 71 and 93 of LI
Agreements and Undertakings
relation to; 2423
a. same guarantor and borrower, director, shareholder, beneficiary of a trust, corporate body Rule 22 of GBA Code
b. NGO
c. Personal Business or loan
d. for personal relations for a loan
1. A former gov't lawyer can't represent a client in connection with a matter he handled while
a public servant
2. A former gov't lawyer can't use info about a person against them or disclose it to the
person's disadvantage
Conflict in relation to Gov't
3. Can't participate in a matter he was previously involved, when he becomes a gov't lawyer Rule 23 and 78 of LI 2423
officers and employees
4. When you become a gov't lawyer/ public officer, you should not practise privately, except:
a. Ministers and deputies
b. MPs with permission of Speaker
c. Law Lecturers
A lawyer is prohibited from borrowing money from a client unless the said client’s business
includes lending of money to the public.
Borrowing From a Client But Where a debt already exists between the lawyer and the 3rd party, the lawyer shall not act Rule 70 of LI 2423.
for the 3rd party.
A lawyer is prohibited from acting as a guarantor for a client, unless the guarantee involves:
a. For a close relative eg. Wife
Guarantee by a lawyer Rule 71 of LI 2423
b. For an NGO
c. Personally for a business which requires the guarantee.
Where a lawyer is a member of an official body, that lawyer shall not appear before that body
Appearing before an official body professionally. Eg. A lawyer who is an engineer shall not appear before the GhIE in his capacity Rule 77 of LI 2423
as a lawyer.
A former or retired judge is prohibited from joinging a law firm or appearing as counsel/lawyer
before a court
He is prohibited from appearing before an administrative tribunal over which the court
Appearance by former judges as exercises appellate jurisdiction.
Rule 81 of LI 2423
counsel or lawyer
He can only do so after two years from the date of his retirement of resignation and upon the
express approval of the GLC in exceptional circumstances
A lawyer in practice is bound to accept any brief in the Court at a proper professional fee.
2. Special circumstances may justify a refusal to accept a particular brief.
Rule 65 of LI 2423
3. A lawyer shall be separately instructed and remunerated by fees for each piece of work
Rule 49 of LI 2423
done. He shall not undertake to represent a person or entity for all their court work for a
Briefs & Pleadings Rule 87 of LI 2423
lumpsum.
Rule 24 of GBA Code
NB: The rule on lumpsum does not apply to a retainer agreement.
Debt Collection Or Mercantile A lawyer shall not use or cause to be used the stationary of the lawyer or firm by a debt
Rule 60 of LI 2423
Agency collection agency for the purposes of collecting debt, such that it misleads the public
A lawyer is prohibited from advising or suggesting to a witness to give false evidence.
A lawyer prohibited from suggesting or condoning a client or another person to suggest to a
prospective witness, on which evidence the witness should give at any stage of the case.
A lawyer is prohibited from coaching or encouraging a witness to give evidence which that Rule 54 of LI 2423
Integrity Of Evidence witness believes to be false. Rule 82(a)&(b) of LI 2423
Exception: it does not apply where the lawyer admonishes the witness to tell the truth; or
questions and tests in conference the evidence to be given by the witness or draws the
witness’ attention to an inconsistency.
A Lawyer is prohibited from knowingly making false statement concerning the qualification or
Statement Affecting Judicial &
integrity of a judge, an adjudicative officer, a public legal officer or a candidate for election or Rule 52 of LI 2423
Legal Officials
appointment to a judicial or legal office
Law Reform Activity Affecting Despite the fact that a reform may affect a client’s interest, a lawyer may serve as a director,
Rule 51 of LI 2423
Interest of Client officer or member of an organisation involved in reform or administration of law.
Aside being a member of a law firm, a lawyer can serve as a director, officer or member of a
legal service organization despite the fact that the organisation represents a person whose
interest is adverse to a client of the lawyer.
Lawyer is prohibited from knowingly participating in an action or decision of the organization
Member Of Legal Service
which is incompatible with his obligation to his client. Rule 50 of LI 2423
Organisation
Where a lawyer participates in the decision of the organization and later realizes that said
decision will materially benefit his client, he shall disclose the fact with or without disclosing
the identity of the client.
A lawyer shall not draw any court document alleging criminality, fraud or other misconduct
unless;
a. a lawyer believes on reasonable grounds that, the evidence available to him provides a
proper basis for the allegation;
b. the evidence by which the allegation is made is admissible and in written form or after
advising his client on the seriousness of the said allegation and the likely consequences for the
client if the allegation isn’t made, the client wishes the allegation to be made. Rule 53 of LI 2423
Use Of Privileged Information Exception: Where a lawyer does not reasonably believe that a fact can be supported having Rule 51 of GBA Code McDonald Estate v Martin
regard to the evidence available, he or she shall not make an allegation in support of her
client’s case.
Unless the evidence available provides a reasonable ground for the suggestion or the lawyer
believes an affirmative answer to the suggestion diminishes the credibility of the witness, a
lawyer shall not cross-examine a witness in a manner that suggests criminality, fraud or other
serious misconduct.
A prosecutor shall assist the court to arrive at the truth; seek to have all the relevant evidence
placed intelligibly before the court; and assist the court with a submission of law to enable the
proper application of the law to the facts.
The prosecutor shall not press for a conviction, beyond a full and firm presentation of the
case.
Prosecutors’ duty to Assist Court Rule 56 of LI 2423
She shall not seek to influence the court to be biased against the accused.
She shall not argue a proposition of either fact or law which she doesn’t reasonable believe
carry weight or contribute to the guilt of the accused.
A prosecutor shall not confer or interview an accused person.
A prosecutor shall disclose to the opposing party every material available to the prosecutor
including name and means of finding a prospective witness; and any other information the
prosecutor becomes aware of which may constitute evidence relevant to either the guilt or
innocence of the accused.
Where a partial or full disclosure threatens the safety of a person or the integrity of the Rule 57 of LI 2423
Prosecutors’ duty to disclose Republic v Eugene Baffoe-
administration of justice, the prosecutor is not required to disclose. Rule 25 of GBA Code
Information Bonnie & 4 Ors
If a prosecutor believes that the prosecution may have obtained a material improperly or
unlawfully, he shall promptly inform the opposing party where he intends to use it; make the
information available to the opposing party if in documentary form, or inform the opposing
party of the grounds for so believing that the material was unlawfully or improperly obtained.
When an engagement is terminated and another lawyer is instructed to take over the case
1. The first lawyer shall on receiving a written direction from the client, deliver all relevant
documents and information the client is entitled, promptly to the second lawyer.
2. may retain possession of the documents until all costs owed by the client are paid or
secured.
3. Where the 1st lawyer terminates the engagement and the document are essential to the
defence or prosecution of current proceedings in court, the lawyer shall surrender possession
of the document to either the client on receipt of a satisfactory security for the unpaid cost or
to the 2nd lawyer if directed by the client to do so and the 2nd lawyer shall hold the Rule 59 of LI 2423
Replacement or change of Lawyers
documents subject to a lien by the 1st lawyer and if practicable provide reasonable security for Section 26 of Act 32
(termination of Services)
the payment of the cost of the 1st lawyer or the first lawyer shall enter into an agreement with
the client and the second lawyer to ensure the payment of the cost of the 1st lawyer upon
completion of the case.
4. A lawyer who receives documents based on an agreement between the client and both
lawyers on the fact that, the fees of the 1st lawyer shall be paid from monies recovered on the
client’s behalf shall comply with the terms of the agreement.
NB: This rule is subject to an order which may be made by a court in respect of the delivery of
the documents of the client.
A lawyer shall not engage in conduct which is dishonest or likely to a material degree to be
Rule 61 of LI 2423
prejudicial to the administration of justice; diminish public confidence in the administration of
Standard Of Conduct Rule 2 of GBA Code
justice; or adversely prejudice the ability of the lawyer to practise in accordance with these
Rules
A lawyer is required to advise his clients on alternative dispute resolution mechanisms, aside
Settlement of Disputes Rule 96 of LI 2423
litigation