The Ghana Bar Association
Introduction:
This note will discuss the Ghana Bar Association in the context of the regulation of law practice in Ghana. The note will emphasise that while the Association has codes of conduct and seeks to ensure that their members maintain the highest ethical and professional standards, it has no regulatory authority. The note will also emphasise that despite the lack of regulatory authority, the Association works with and supports the General Legal Council to execute its mandate.
Object of the Ghana Bar Association:
In Article 2 of the Constitution of the Ghana Bar Association , it is provided that:
1. The object of the Association is to concern itself with all matters affecting the legal profession in Ghana and shall for that purpose take such action as it considers expedient and necessary.
2. Without prejudice to sub clause (1) of this clause, the Association shall concern itself with
(a) the defence and upholding of freedom and justice in Ghana;
(b) the maintenance of the honour, independence and integrity of the legal profession;
(c) the maintenance of the independence of the Judiciary;
(d) the organisation and promotion of legal education;
(e) the maintenance of professional standards, discipline and etiquette;
(f) the establishment and maintenance of a system of efficient legal
aid and advice;
(g) the promotion and support of law reform and the pursuit of legal research;
(h) the furtherance of good relations between the Association and similar organizations of lawyers in other countries;
(i) the protection of human rights and fundamental freedoms as defined under the United Nations Universal Declaration of Human Rights and Fundamental Freedoms, the African Charter on Human and Peoples Rights, the Constitution of Ghana, and other international treaties and conventions to which Ghana is a party; and
(j) the conferment of honour on deserving members.
While the primary object of the association is similar to that of the General Legal Council under the Legal Profession Act, 1960 (Act 32), the object of the association is an outcome of a consensus between members of an association, while that of the General Legal Council is the outcome of a statute.
Does the Ghana Bar Association have Regulatory Powers?
No. In the case of Ward-Brew v. Ghana Bar Association (NO. 2) [1993-94] 2 GLR 518 , the court delivered itself as follows:
Who or which legal institution within the Republic of Ghana is clothed with authority and jurisdiction or power to control or regulate the education, training, enrolment, discipline and conduct of practising lawyers?
For an answer, I cite the legal Profession Act, 1960 (Act 32) and sections 1(1), 3(1), 16(1) and 23 thereof which state respectively as follows:
“1. (1) There shall continue to be a body, to be called the General Legal Council, which shall be concerned with the legal profession …
…
23. The General Legal Council may prescribe standards of professional etiquette and professional conduct for lawyers, and may by rules made for this purpose direct that any specified breach of the rules shall for the purposes of this Part constitute grave misconduct in a professional respect.
It will easily be seen from the foregoing provisions that the answer to the first question is undoubtedly the General Legal Council. This is the only body created by law to regulate the education, training, enrolment discipline and professional conduct of practicing lawyers.
It may be said that once there is an express statutory conferment of regulatory powers on the General Legal Council, all other bodies and associations were excluded from having such powers. This remains true despite the fact that the Act 32 recognises the existence of the Ghana Bar Association but does not confer any regulatory powers on the association.
Further, the fact that membership in the association is voluntary means that the association cannot be said to be a regulator of law practice, particularly for those that do not form part of it.
Relationship between the Ghana Bar Association and the General Legal Council:
1. Licencing of Lawyers: In Section 8 of Act 32, it is provided that a lawyer must renew or obtain a solicitor’s license before he practices. Per the General Legal Council [1], “Lawyers seeking to secure licenses or renew the same should call at the offices of the Ghana Bar Association and go through the necessary processes or download the form in the link below. it should be noted however that all licenses issued are the preserve of the council and accordingly the council reserves the right to issue, suspend and cancel licenses issued to Lawyers.” The effect of this is that while the General Legal Council is the body in charge of licencing lawyers, it has decided to do so through the Ghana Bar Association.
2. Composition of the General Legal Council: In the First Schedule to Act 32, it is provided that the General Legal Council shall consist of, among others, “four members of the Bar elected by the Ghana Bar Association. [As Substituted by the Legal Profession (Amendment) Act 1964 (Act 226) s. 3]”
Advantages of Being Part of the Ghana Bar Association:
While the Ghana Bar Association is a voluntary association, there are several benefits to being part of the association. This includes:
1. Legal Education:The Ghana Bar Association has an annual general conference. At such conferences, papers are often presented covering various legal areas and issues. This is pursuant to its object to promote legal education in Article 2(2)(d) of the Constitution of the Ghana Bar Association . In addition, members gain access to books, reports, and articles from the association.
2. Professional and Ethical Standards: In Article 2(2)(e), an object of the association is “maintenance of professional standards, discipline and etiquette.” A member who follows the standards established by the association is unlikely to find himself in breach of the statutory standards established by the General Legal Council.
3. Networking Opportunity: The annual conferences and events organised by the association provide a platform for lawyers to interact, share knowledge, and build connections. These connections often enable lawyers to get referred to clients by other lawyers.
4. Leadership Roles and Training: The association has several leadership roles that members may occupy.
References:
[1[ https://www.glc.gov.gh/about-us/licensing-of-lawyers/