Ghana: Ethics and practicalities

Practical Law UK Checklist 6-214-5022 (Approx. 4 pages)

Ghana: Ethics and practicalities

by David Andreas Hesse, Hesse & Hesse

Professional structures

1. How many categories of lawyer are there in your jurisdiction? In each case, please give the local name and an English translation (if relevant) as well as a brief description of the lawyer's rights and duties.

Lawyers who have successfully pursued a professional course of study in law and have been registered on the Roll of Lawyers after satisfying the General Legal Council's requirements of good character can practise as solicitors or barristers, or both. Most lawyers practise as both solicitors and barristers. There is no distinction between the two; both can appear in all courts.

2. How are law firms in your jurisdiction usually organised (for instance, as partnerships, companies or sole practices)?

The most common types of organisation are sole practice, partnerships, legal consultancies and corporate entities. Sole practitioners can work alone or with junior associates.

3. Are multi-disciplinary practices (MDPs) allowed in your jurisdiction?

There is no legislation in Ghana that prohibits multi-disciplinary practices. However, there are few lawyers with professional qualifications in other areas such as tax, surveying and property valuation that practise both disciplines in one office.

4. What restrictions apply to foreign lawyers/law firms practising in your jurisdiction?

A lawyer who has qualified in another jurisdiction seeking registration to practise in Ghana must:

Satisfy the General Legal Council of the required character standards.
Have sufficient qualification from his original jurisdiction.
Pass a prescribed examination in Ghanaian Constitutional Law and the Customary Law of Ghana.

If the person is not a citizen of Ghana he must satisfy the General Legal Council that he has seven years' standing as a practising lawyer in a country with an analogous legal system.

Client protection

5. Is there a register of qualified lawyers and, if so, how can it be accessed?

The General Legal Council keeps the register:

General Legal Council PO Box 179 AccraGhanaT +233 (21) 22 67 48F +233 (21) 51 41 32

6. Is membership of a national bar association, law society or similar organisation mandatory?

Membership of the Ghana Bar Association is not mandatory but by convention all lawyers admitted to practise in Ghana become automatic members.

Ghana Bar Association National Secretariat H/NO 5, 2nd Avenue, State House RoadSouth-East Ridge PO Box 4150AccraT +233 (21) 67 28 84/91 29 77/91 06 50F +233 (21) 51 41 32

7. Are lawyers bound by client confidentiality rules?

A lawyer cannot, without his client's consent, disclose any confidential communication made to him or his firm by or on behalf of his client. Whether or not he has ceased to act for the client he cannot disclose any information unless required to by law or by court order.

8. Are communications with lawyers protected from disclosure (that is, privileged) in judicial or other proceedings?

Common law lawyer-client privilege exists (Evidence Decree, 1975 (NRCD 323)). However, the lawyer or client must intend for the communication to be privileged before a claim of privilege communication is upheld. There are many exceptions to this rule.

9. Is indemnity insurance mandatory for practising lawyers? If so, what is the minimum level of cover required?

There is no such mandatory requirement.

10. What are the rules on conflicts of interest?

A practising lawyer must not engage in any business or profession which conflicts or involves a serious risk of conflict with his duties as a practising lawyer. A lawyer must not knowingly represent two or more clients without their express joint request (made after full disclosure of the facts where it is apparent that a conflict of interest has arisen or may arise).

11. To whom should complaints about lawyers' professional conduct be made?

Complaints about a lawyer's professional conduct must be made to the General Legal Council (see above).

12. Can lawyers/law firms hold client files in the event of a dispute?

Papers in a brief delivered to a lawyer by a client remain the client's property. A lawyer cannot keep a client's brief in the event of a dispute or subject to any right of lien.

Fees

13. What types of fee agreements are most commonly used? Is there a tariff system? Must fee agreements be in writing?

There is a mixture of a tariff system and provision for negotiation with a client. There is a scale of fees published by the Bar Association, revised from time to time. Brief fees can however be negotiated freely with clients. Best practice is to put fee agreements in writing, in line with the record keeping requirement imposed by the Bar regulations.

Client money

14. How is the holding of client funds regulated?

A lawyer must keep proper records of accounts showing all dealings with clients' money held, received or paid by them, and other moneys dealt with by him through client accounts. Such records must be kept for at least six years from the date of the last entry in the account books.

15. Are there rules on money laundering?

Money laundering has the effect of destabilising the economy and is regulated to maintain and promote a balanced growth. A money laundering bill has been proposed, to regulate the adverse effect of money laundering on the economy as a whole.

Notaries

16. Are notaries required for share purchases or transfers, real estate purchases or leases, or company formations?

There is no requirement for involvement of notaries in these transactions.

17. Are notary fees fixed or a percentage of the transaction value?

The Notaries Public Act 1960 (Act 26) provides that the minister responsible for the functions of notaries can prescribe notary fees. Currently, there is no prescribed fee for notarial services.

18. Can notaries work within law firms?

Notaries can work in law firms. The majority of notaries are lawyers who have practised for a minimum of ten years with a clean record and have high integrity. They are also considered officers of the court.

19. Is there a national regulatory body for notaries?

The Supreme Court is the regulatory body for notaries and the Roll of Notaries Public is kept by the Judicial Secretary.

The Judicial Secretary, Judicial ServiceSupreme Court BuildingHigh StreetPO Box 119AccraT +233 (21) 66 50 77/66 18 10F +233 (21) 66 50 77/66 66 73E [email protected]

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