The General Legal Council as the Regulator of Law Practice in Ghana
Introduction:
This note will discuss the General Legal Council as the body in charge of the regulation of law practice in Ghana and the ways in which the Council regulates law practice in Ghana.
Overview of the Regulatory Powers of the General Legal Council:
In Section 1(1) of the Legal Profession Act, 1960 (Act 32) , it is provided that:
(1) There shall continue to be a body, to be called the General Legal Council, which shall be concerned with the legal profession and, in particular:—
(a) with the organisation of legal education, and
(b) with upholding standards of professional conduct.
Act 32 confers power on the General Legal Council to
1. Determine whether a person is qualified to be enrolled as a lawyer (Section 3).
2. Issue solicitor’s licence (Section 8).
3. Make arranges for establishing a system of legal education (Section 13).
4. Make regulations by legislative instrument to govern legal education and any matter referred to in Act 32 ( Sections 14 and 53, respectively).
5. Delegate its powers to administer and supervise legal education to the Board of Legal Education (Section 15).
6. Strike out the name of a lawyer guilty of grave misconduct in a professional respect or of an offence involving dishonesty or moral turpitude from the Roll of Lawyers ( Section 16 and 16(A)).
7. Form a disciplinary committee to handle complaints against lawyers (Section 17).
8. Establish standards of professional etiquette and professional conduct for lawyers (Section 23).
In the case of Ward-Brew v. Ghana Bar Association (NO. 2) [1993-94] 2 GLR 518 , the court asked, “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?” After setting out Sections 1(1) , 3(1), 16(1), and 23 of Act 32, it proceeded to say:
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.
How the General Legal Council Regulates Law Practice in Ghana:
The following are the ways by which the General Legal Council regulates law practice in Ghana:
1. Legal education
2. Internships
3. Pupillage
4. Enrolment and Call to the Bar
5. Licensing of Lawyers
6. Registration and Approval of Law Firms
7. Setting and Maintaining Professional Standards and Disciplinary Measures for Violating Standards.
All these are now discussed.
1. Regulation through Legal Education:
One of the powers of the General Legal Council expressly mentioned in Section 1 of Act 32is the “organisation of legal education.”
This power is further elaborated in Part II of Act 32 from Sections 13 to 15. In Section 13(1), for instance, it is provided that:
(1) It shall be the duty of the General Legal Council to make arrangements—
(a) for establishing a system of legal education,
(b) for selecting the subjects in which those seeking to qualify as lawyers are to be examined,
(c) for establishing courses of instruction for students and, generally, for affording opportunities for students to read and to obtain practical experience in the law,
(d) for regulating the admission of students to pursue courses of instruction leading to qualification as lawyers, and
(e) for holding examinations which may include preliminary and intermediate examinations as well as final qualifying examinations.
In Section 15, these powers and duties may be delegated to the Board of Legal education, which consists of the Chief Justice, the Attorney General, a member of the Council nominated by the Chief Justice, two persons with wide experience in law nominated by the Minister, and the Director of Legal Education whom the General Legal Council is mandated to appoint under Section 1(4) of Act 32 .
Through legal education, the Council ensures that lawyers have the competence to meet the varied needs of their clients.
2. Regulation through Internship:
In Regulation 17 (1) of the Legal (Professional and Post-Call Law Course) Regulations, 2018 (L.I. 2355) , it is provided that:
A student of the School shall, as part of the Professional Law Course, undertake internship training at an establishment approved by the Council.
In Regulation 17(2), it is further provided that the internship is to provide practical training in fields such as conveyancing, drafting of legislation, advise on land matters, probate and administration of estates and trusts, criminal procedure and civil procedure, drafting of commercial transactions and the formation of companies, among others.
Per Regulation 18 of L.I. 2355, the internship shall be for a period of not less than six months.
Worthy of note is that not all establishments are qualified to provide internship training to law students. For an establishment to qualify, Regulation 19 of L.I. 2355 provides that the establishment must
i. Have a legal practitioner of at least seven years’ standing at the bar.
ii. Have at least three lawyers employed in the establishment.
iii. Comply with the rules, regulations, and standards of the General Legal Council and the Ghana Bar Association.
iv. Have office accommodation for the training of interns.
v. Have been approved by the General Legal Council to provide internship training.
The duration of the internship, its focus on providing practical training, and the conditions an establishment must meet to be able to provide internship training are all targeted at ensuring that new lawyers are properly equipped to deal with complex legal issues and maintain the highest ethical standards.
3. Regulation through Pupillage:
Before a person is issued a licence to practice as a solicitor, he must have undergone pupillage. Section 8(3) and (4) of Act 32 provides that newly qualified lawyers must have:
read for a period of not less than six months in the chambers of another lawyer of not less than seven years' standing as a lawyer approved by the Council.
This is the section that makes pupillage mandatory. Pursuant to this section, the General Legal Council made the Guidelines for Pupillage . In these guidelines, they defined pupillage as a form of legal apprenticeship and added that:
Pupillage offers an excellent opportunity to acquaint oneself with the procedural elements of the field of choice as well as the environment one would be expected to work in. It also serves as an exploratory exercise for new lawyers who may be uncertain which field of law they would like to specialize.
The guides contained in the Guidelines for Pupillage may be summarised as follows:
i. Status of pupils:They are not employees of the chambers.
ii. Commencement of pupillage: A newly qualified lawyer may commence his pupillage at any time after enrolment. Once commenced, it must be continuous. The lawyer must apply to any chambers that have been approved by the General Legal Council to serve pupillage. However, the guidelines provide that “Chambers are not obliged to accept lawyers as pupils.”
iii. Code of Conduct of Pupils: Pupils are expected to conduct themselves with decorum and be bound by the code of ethics entrenched in Act 32 and the Legal Profession (Professional Conduct and Etiquette) Rules 2020 (L.I. 2423).
iv. Client Confidentiality:Pupils are bound by a duty of confidentiality and professional secrecy while dealing with their supervisors’ clients. Such information is to remain confidential even after the pupillage has ended.
v. Obligation of Pupils:Pupils are to report to their chambers daily and work a minimum of eight hours daily; show industry and commitment while working; perform all assignments with a high sense of urgency, integrity, commitment, and loyalty; and not engage in any sexual relationship with staff and clients.
vi. Termination of Pupillage: A pupil who is absent from the chambers for a cumulative duration of five working days without permission shall be considered to have terminated the pupillage. Furthermore, a pupil who is absent from Chambers for a cumulative duration of three (3) weeks on grounds of medical indisposition certified by a qualified medical practitioner or who for any other reason becomes incapable of continuing with pupillage, shall have the pupillage terminated where the pupil has served less than half of the pupillage term. After the termination of pupillage, a person may make a fresh application to any chambers to restart pupillage.
vii. Allowance: The Heads of Chambers are required to provide a pupil with a monthly allowance.
Pupillage has several advantages for the pupil, which include
a. Practical Legal Training: Pupillage provides hands-on experience in legal practice, allowing trainees to apply theoretical knowledge to real-world cases. This helps bridge the gap between legal education and professional work.
b. Mentorship and Guidance: Under the supervision of experienced lawyers, including one with at least seven years of experience at the bar, pupils receive direct mentorship, learn professional ethics, courtroom procedures, case management, and client relations.
c. Networking and Employment Opportunities: During pupillage, trainees build valuable connections with senior lawyers, judges, and other legal professionals, which can open doors for future career opportunities. It is also an opportunity for the pupil to show or prove his capabilities to the firm which may lead the firm to hire him after his pupillage. Because of this platform that allows one to demonstrate one’s capabilities, pupillage is said to be like a job interview for six months. Many law firms and chambers prefer to hire lawyers who have completed pupillage within their organisation, as they are already familiar with the firm's work culture and expectations.
d. Exposure to Different Areas of Law: Depending on the firm or chamber, pupils may gain experience in various legal fields, helping them identify their areas of interest and specialisation.
e. Fulfilment of Regulatory Requirement for the Issuance of a Licence : As stated above, completing pupillage is a mandatory requirement for the issuance of a solicitor’s licence.
Summarily, the regulatory part of pupillage is that it mandates newly trained lawyers to acquire competence and expertise under the supervision and tuition of an experienced practicing lawyer.
4. Regulation through Enrolment and Call to the Bar:
Before a person gets to practice as a lawyer, he must be enrolled and called to the bar. In Section 9, persons who practice as lawyers without being enrolled as such are liable to pay a fine or a term of imprisonment not exceeding six months, or both.
For a person to qualify for enrolment, Section 3(1) provides that he must, among others, be of good character. This requirement ensures that prospective lawyers do not engage in acts considered dishonest, immoral, or unethical, which could undermine public confidence in the legal profession. The emphasis on good character reflects the expectation that lawyers must uphold integrity, honesty, and trustworthiness in both their personal and professional lives.
In 2023, Elorm Ababio, popularly known as Ama Governor, was denied a call to the Bar by the General Legal Council for the second time running because she was considered to not be a person of good character.
5. Regulation through Licencing:
In Section 8(1) of Act 32, it is provided that:
A person other than the Attorney-General or an officer of his department shall not practise as a solicitor unless he has in respect of such practice a valid annual licence issued by the General Legal Council to be known as "a Solicitor's Licence" in the form set out in the Second Schedule to this Act.
The effect of this provision is that a lawyer without a licence cannot practice. This provision was analysed in the cases of The Republic v. High Court (Fast Track Div.) Accra Ex Parte: Justin Pwavra Teriwajah and Henry Nuertey Korboe Civil Appeal No. J5/7/2013 and Amosa (No. 1) v. Korboe (No.1) [2015-2016] 2 SCGLR 1516 . In the case of Amosa (No. 1) v. Korboe (supra), the court, in delivering its majority opinion through Dotse JSC, said:
…whenever a Lawyer by his own acts of default finds himself or herself in breach of Section 8 (1) of Act 32, then it follows that he automatically loses his license to practice as a Solicitor or Lawyer. The consequence thereof is that, such a lawyer must be deemed not to have any authority whatsoever to prepare an originating process in any court process or legal document on behalf of any client or represent any such client in his capacity as a lawyer.
…In essence, once Justin Pwavra Teriwajah lost his license at the material time to practice as a lawyer when he prepared and filed the process for and on behalf of the Respondent, the said processes and appearance of the said lawyer must be deemed to be invalid for all purposes. As a matter of fact, courts of law have no option other than to hold that any such defaulting lawyer should not be permitted to practice law because of the mandatory shall used therein .
The rationale for the above conclusion stems from the fact that, having lost his right to practice law pursuant to Section 8 (1) of Act 32 , it is apparent that no validity flows from any process or appearance that such a lawyer will offer any client. It is unfortunate that a client, through no fault of his, would have to suffer the consequences of his defaulting lawyer.
For the above reasons, I will allow the appeal. The Court of Appeal judgment of 15th May 2014 is hereby set aside. I will in its place order that a lawyer who has not taken out a Solicitor’s License in any year unless granted a wavier by the General Legal Council for any length of time, 21 cannot practice as a professional lawyer in any court of competent jurisdiction in Ghana and or sign any legal documents.
In that respect, the writ of summons filed by Justin Pwavra Teriwajah for the Respondent herein initiating the suit in the High Court is accordingly struck out as having been filed without authority or license.
In this particular instance, I have formed the opinion that the Respondent with full knowledge of the disabilities that attach to his lawyer decided to cling to him nonetheless. He appears to me to be the architect of this whole drama. I will accordingly mulct him and his lawyer in very punitive costs.
The essential question is, how does the requirement of a valid licence to practice serve as a regulatory tool? This is answered in Section 8(5) of Act 32 which reads:
The Council may before issuing a Solicitor's Licence to any person require that person to produce such evidence as the Council may specify showing that he has not been found guilty of professional misconduct either in Ghana or in any other country.
This provision confers power on the General Legal Council to refuse to issue a licence to a lawyer who has been found guilty of professional misconduct. Lawyers, knowing the effect of not having a licence, are thus more likely to not act in ways that will prevent them from renewing or obtaining their licence.
6. Regulation through Registration and Approval of Chambers
In Rule 4(11) of the Legal Profession (Professional Conduct and Etiquette) Rules 2020 (L.I. 2423) , it is provided that
A lawyer shall not practise unless that lawyer is a member of a chambers which is approved and registered by the Council or a pupil of a member of that chambers.
In Rule 4(1), a chambers must be approved and registered with the General Legal Council. In Rule 4(2) , it is provided that the General Legal Council may, from time to time, publish requirements for the approval of a chambers. Further, Rule 4(3), provides that the General Legal Council shall not grant approval for the name of a chambers if the name is misleading or detracts from the dignity of the legal profession or if it is similar to the name of an existing chambers or entity. Further, in Rule 4(13) and (14) , a lawyer who is a member of a chambers may use part of his private residence for professional work provided that the part of the private residence that is used is clearly separated from the residential part of the residence.
The effect of all the above provisions, in light of the definition of a chambers in Rule 102 as a registered room or office used by a lawyer or group of lawyers for professional work, is that the General Legal Council also regulates the place/room/office from which a lawyer or group of lawyers conduct professional work (law-related work).
7. Setting and Maintaining Professional Standards and Disciplinary Measures for Violating Standards:
In Section 23 of Act 32, it is provided that the General Legal Council can prescribe a standard of professional etiquette and conduct for lawyers. After making such a prescription, it may also direct that a breach of the rules or standards constitutes a “grave misconduct in a professional respect” or a “professional misconduct.” Pursuant to this provision, the General Legal Council made the Legal Profession (Professional Conduct and Etiquette) Rules 2020 (L.I. 2423) .
In Rule 89 of L.I. 2423, there is a general provision on what amounts to professional misconduct. The rule reads:
A lawyer commits professional misconduct, where the lawyer
(a) violates the rules of professional conduct, or knowingly assists or induces another lawyer to do so;
(b) engages in a conduct which involves dishonesty, fraud, deceit or misrepresentation;
(c) engages in a conduct that is prejudicial to the administration of justice; or
(d) states or implies an ability to improperly influence a government agency or official or to achieve results by means that violate the rules of professional conduct or other law.
Specifically, on subrule (a) (supra), a violation of any of the rules in L.I. 2423, in and of itself, amounts to professional misconduct. For instance, a violation of the following rules in L.I. 2423 amounts to professional misconduct:
i. Carrying on a profession or business that conflicts or risks conflicting with the duties of the lawyer contrary to Rule 2(c)
ii. Solicitation of a client contrary to Rule 15
iii. Charging or collection of an unreasonable fee contrary to Rule 16
iv. Having an amorous relationship with a client or with the client of the opposing side contrary to Rule 20(10) and (11)
v. Representing both the plaintiff and the defendant in a dispute or acting in a manner where there is conflicting interest contrary to Rule 20(1) and (2).
vi. Mixing the property of the client with his own property contrary to Rule 26
Beyond the general provision on what amounts to professional misconduct in Rule 89(a) (supra), Rules 90 to 98 of L.I. 2423 specifically provide that a lawyer is liable for professional misconduct if he
i. Communicates with a client in an abusive or offensive manner.
ii. Deceives the court, knowingly permits a client to attempt to deceive a court, deceives the Disciplinary Committee.
iii. Signs a document not prepared by him or under his supervision.
iv. Issues a cheque either on behalf of that lawyer or on behalf of the firm, and the cheque is not honoured due to lack of funds.
v. Fails to supervise his staff to the detriment of his client.
vi. Conducts the business of a client with negligence or delays that damage the interest of the client or brings the legal profession into disrepute.
vii. Fails to communicate with a client the terms and effect of a settlement that is offered to the client. For example, if a client wants to sue another person for defamation, and that other person makes an offer to the client through his lawyer to discontinue the action, the lawyer is bound to communicate the offer and its effect to the client, and failing to do so amounts to professional misconduct.
viii. Fails 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.
ix. Fails to attend court without a reasonable excuse and without arranging for another lawyer to be present throughout the court proceeding in relation to a matter in which he is acting.
The important question is, what is the consequence or effect of a lawyer contravening any of the above rules or being liable for professional misconduct? Part III of Act 32 deals with the power of the General Legal Council to discipline lawyers. In Section 16 , it is provided that a lawyer guilty of grave misconduct (any of the acts specified above and more) or convicted of an offence involving dishonesty or moral turpitude may have his name struck off from the Roll of Lawyers. In Section 17, a Disciplinary Committee is established consisting of persons who have held high judicial offices or former members of the General Legal Council who are practicing as lawyers. In Section 18, a person may make a complaint regarding the conduct of a lawyer, and such complaint shall be referred to the disciplinary committee, which shall hold an inquiry if it determines that an inquiry ought to be held into the complaint. The Committee has the powers of the High Court to summon witnesses and call for the production of documents. In Section 20, the Disciplinary Committee has the power to take any disciplinary measure as specified in Section 16 (supra) .
Summarily, the power of the General Legal Council to prescribe rules for professional conduct, the fact that violations of the rules constitute professional misconduct, and the establishment of a Disciplinary Committee to deal with complaints against lawyers for professional misconduct, are tools by which the General Legal Council regulates the conduct of lawyers.
Conclusion:
The General Legal Council is the statutory body empowered to regulate the legal profession. In doing so, the Council exercises regulatory oversight through legal education, internships, pupillage, setting professional standards and carrying out disciplinary proceedings through the disciplinary committee, licensing, among others.