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IN
exercise of the powers conferred
on the General Legal Council by
section 23 and 53 of the Legal
Profession Act, 1960 (Act 32)
these rules are made by the
General Legal Council this 26th
day of October, 1968.
Rule 1—Legal Practice.
(1) A lawyer in practice is—
(a) a lawyer who is entitled to
practise and who holds himself out
as ready to do so, or is employed
in a whole-time occupation where
he performs legal duties; or
(b) a lawyer whose regular
occupation is that of editor or
reporter of any series of Law
Reports entirely written and
edited by lawyers for use by the
legal profession.
(2) A practising lawyer shall not—
(a) be a managing director or
executive chairman in any company
or an active partner in any
business,
(b) carry on any other profession
or business which conflicts or
involves a serious risk of
conflict with his duties as a
practising lawyer;
Provided that the General Legal
Council may for the avoidance of
doubt give a ruling on an
application made to it in writing
in any particular case as whether
a profession or business conflicts
or involves a serious risk of
conflict with the duties of a
person as a practising lawyer.
(3) A lawyer who is not in
practice under sub-rules (1) and
(2) above shall, if employed, file
with the General Legal Council a
copy of the terms of his
employment; and where by the terms
of his employment such lawyer is
obliged to offer his employers
legal advice or to perform such
services as are normally performed
by a lawyer in practice, he should
be deemed to be a practising
lawyer.
Rule 2—Advertising Touting and
Publicity.
(1) A lawyer shall not directly or
indirectly apply for or seek
instructions for professional
business, or do or permit in the
carrying on of his practice any
act or thing which can reasonably
be regarded as touting or
advertising or as calculated to
attract business unfairly.
(2) It is the duty of every lawyer
at all times to uphold the dignity
and high standing of his
profession and his own dignity and
high standing as a member of it.
(3) It is contrary to professional
etiquette for a lawyer to do or
cause or allow to be done anything
for the purpose of touting
directly or indirectly, or which
is calculated to suggest that it
is done for that purpose.
(4) While a lawyer is entitled to
such personal advertisement as is
a necessary consequence of the
proper exercise of his profession,
or of any act otherwise properly
done by him, it is contrary to
professional etiquette for a
lawyer to do or cause or allow to
be done anything with the primary
motive of personal advertisement
or anything calculated to suggest
that it is so motivated.
(5) A lawyer shall not volunteer
advice to bring a lawsuit except
in the exceptional cases where
ties of blood relationship or
trust make it his duty to do so.
Accordingly, a practising lawyer
shall not employ agents or runners
for the purposes of instigating
litigation or pay or reward
directly or indirectly those who
bring or influence the bringing of
such case to his chambers or
remunerate Policemen, Court or
Prison officials, hospital
attaches or others who may succeed
under the guise of giving
disinterested friendly advice in
influencing the criminal, the sick
and the injured, the ignorant or
others to seek a lawyer's
professional services. Every
lawyer having knowledge of any
such practices on the part of
another lawyer owes a duty to the
public and to the profession
immediately to inform thereof to
the end that the offender may be
disbarred or otherwise dealt with
by the appropriate authority.
Rule 3—Name Plates, Etc.
A
lawyer shall not permit to appear
on his name plate or to be printed
on his professional stationery the
name of any person other than a
lawyer who holds a valid licence
or other authorisation for the
time being prescribed by law to be
obtained before the carrying on of
the practice of a lawyer or of any
part of such practice or who has
duly complied with any law
requiring registration by a lawyer
before carrying on any such
practice:
Provided that this rule shall not
preclude:
(a) the appearance in the style or
name of a lawyer's practice of the
name of a predecessor or former
partner in that practice; or
(b) the use of a style or
firm-name in use at the date of
the coming into operation of these
rules or approved in writing by
the Council.
Rule 4—Chambers and Pupillage.
(1) A lawyer shall not practise
unless he is a member of
professional chambers or the pupil
of such a member.
(2) Membership of professional
chambers under these rule means:—
(a) having the lawyer's name
exhibited at the chamber (unless
he is a pupil) and that lawyer
having the rights to use the
chambers for the conduct of his
practice, and
(b) that lawyer having the
services of the clerk who is the
clerk of the chambers.
(3) Membership of chambers
includes being sole occupier of
chambers.
(4) All professional chambers
shall be registered with the
General Legal Council.
(5) A lawyer who is a member of
professional chambers may use his
private residence for professional
work. But a part of a private
residence shall not be eligible to
be regarded as professional
chambers for the purposes of these
rules unless that part is clearly
separated from the purely
residential part or parts of the
premises.
(6) A lawyer shall not receive a
pupil into his chambers unless
that lawyer has been in practice
for a period of not less than
seven years and has notified the
Council in writing of the proposed
pupillage.
Rule 5—Briefs and Pleadings.
(1) A lawyer in practice is bound
to accept any briefs in the Court
in which he professes to practise
at a proper professional fee
depending on the length and
difficulty of the case. Special
circumstances may justify his
refusal at his discretion to
accept a particular brief.
(2) A lawyer should be separately
instructed and separately
remunerated by fees for each piece
of work done, and he shall not
undertake to represent any person,
authority or corporation in all
their court work for a fixed
annual salary. But a lawyer may
accept a retainer for advice.
(3) Where a lawyer withdraws from
a case and returns the client's
brief, it is his duty to hand it
back to the client from whom he
received it. A lawyer who accepts
a brief is in a confidential
position, and he shall not
communicate to any other person
the information which has been
confided to him as such lawyer;
and he shall not use either such
information or his position as a
lawyer to his client's detriment.
The duties here stated continue
after the relation of lawyer and
client has ceased.
(4) The papers in a brief
delivered to a lawyer are the
property of the client, and the
lawyer has no right to lend them
to any person without the consent
of the client.
(5) A lawyer shall not accept a
brief limiting his ordinary
authority, or take a subordinate
position in the conduct of a case
or share such conduct with the
client even if the litigant is
himself a lawyer; and he shall not
accept a brief on the condition
that his discretion as to offering
no evidence is fettered.
(6) A lawyer who finds on
receiving a brief that another
lawyer has previously been
retained shall not accept the
brief without—
(a) communicating in the first
instance with the lawyer who first
handled it; and
(b) enquiring whether he has any
objection to his accepting the
brief.
Such communication shall be by the
latter lawyer to the former one
direct, and not through his clerk.
(7) If the first lawyer does
indicate any objection to the
brief being taken away from him,
the second one ought, where
practicable, to ascertain from the
client what are the exact reasons
why the brief has been taken away
from the first lawyer; and unless
a satisfactory explanation is
given shall refuse or return the
brief.
(8) A lawyer is, in all his
practice, but especially with
regard to settling and signing of
pleadings, under responsibilities
to the Court as well as to his
client. He shall not put into a
pleading any allegation which is
not supported by the facts which
are laid before him by his client.
If on the material before him
there is no cause of action or no
defence in law, he may ask for
further instructions to find if
more material can be obtained; and
if it cannot, he may advise his
client accordingly. In particular,
where a lawyer is instructed to
allege fraud, he shall not
subscribe to such an allegation
without having before him clear
instructions that the client does
wish to allege fraud and will
support the allegation in the
witness-box. In addition the
lawyer must have before him
material which, as it stands,
establishes a prima facie case of
fraud. If the material before him
is not sufficient in his view to
warrant the allegation, he shall
advise his client that this is his
view and that he cannot put his
signature to the pleadings if it
is to contain that charge.
(9) A lawyer shall not offer
evidence which he knows the Court
should not admit. He should not,
either in argument to the Court or
in address to the jury, assert his
personal belief in his client's
innocence, or in the justice of
his cause, or as to any of the
facts involved in the matter under
investigation.
(10) A lawyer shall at the time of
retainer disclose to the client
all the circumstances of his
relationship to the parties and
his interest in or connection with
the controversy, if any, which
might influence the client in
selection of counsel. He shall
avoid representing conflicting
interests.
Rule 6—Lawyers’ Accounts.
(1) Every lawyer shall give a
receipt for each and every payment
made to him, and shall specify
therein the purpose for which such
payment was made.
(2) Every lawyer shall at all
times keep properly written up
such books and accounts as may be
necessary—
(a) to show all his dealings with
(i)
clients' moneys held, received or
paid by them; and
(ii) any other moneys dealt with
by him through a client account;
and
(b) to distinguish such moneys
held, received or paid by him on
account of each separate client
and to distinguish such moneys
from other moneys held, received
or paid by him on any other
account.
(3) (a) All dealings referred to
in sub-rule (2) (a) of this rule
shall be recorded in—
(i)
a clients' cash book, or a
clients' column on the credit side
or debit side (as may be
appropriate) of a cash book; and
(ii) a clients' ledger, or a
clients' column on the credit side
or the debit side (as may be
appropriate) of a ledger;
and no other dealings shall be
recorded in such clients' cash
book and ledger, or, as the case
may be, in such clients' columns;
and
(b) all dealings of the lawyer
relating to his practice as such
lawyer other than those referred
to in sub-rule (2) (a) of this
rule shall be recorded (as may be
appropriate) in such other cash
book and ledger (if any) or such
other columns of a cash book and
ledger (if any) as the lawyer may
choose to maintain.
(4) Every lawyer shall preserve
for at least six years from the
date of the last entry therein all
books, accounts and records kept
by him under this rule.
(5) Nothing in these rules shall
deprive a lawyer of any recourse
or right, whether by way of lien,
set-off, counter-claim, charge or
otherwise, against moneys standing
to the credit of a client account.
(6) In this rule each of the
expressions "book", "ledger", and
"record" shall be deemed to
include a loose-leaf book and such
cards or other permanent documents
as are necessary for the operation
of a mechanical system of
book-keeping.
Rule 7—Conduct of Proceedings in
Court and at Other Tribunals.
(1) It is the duty of a lawyer,
whilst acting with all due
courtesy to the Court or Tribunal
before which he is practising,
fearlessly to uphold the interests
of his client without regard to
any unpleasant consequences either
to himself or to any other person.
In particular, no lawyer is bound
to withdraw any charge which is
the necessary outcome of material
facts sworn to by or on behalf of
his client unless expressly
instructed so to do by his client.
A lawyer shall not however deceive
the Court or Tribunal before which
he is appearing in any
circumstances whatsoever.
(2) A lawyer shall not appear as
witness for his own client except
as to merely formal matters such
as the attestation or custody of
an instrument, or the like, or
when it is essential to the ends
of justice. If he is a necessary
witness with respect to other
matters, the conducting of the
case should be entrusted to
another lawyer.
(3) Once a lawyer has accepted a
brief he shall not relinquish it
to the detriment of his client
without good and sufficient cause.
Rule 8—Certain Improper
Relationships and Contacts.
(1) A lawyer shall not join or act
in association with any
organisation or person (not being
a practising lawyer) whose
business or any part of whose
business is to make, support or
prosecute (whether by action or
otherwise and whether by another
lawyer or agent or otherwise)
claims arising as a result of
death or personal injury,
including claims under the
Workmen's Compensation Act, 1963
(Act 174), or any statutory
modification or re-enactment
thereof, in such circumstances
that such person or organisation
solicits or receives any payment,
gift or benefit in respect of such
claims; nor shall a lawyer act in
respect of any such claim for any
client introduced to him by such
person or organisation.
(2) A lawyer shall not, with
regard to any such claim,
knowingly act for any client
introduced or referred to him by
any person or organisation whose
connection with such client arises
from solicitation in respect of
the cause of any such claim.
(3) It shall be the duty of a
lawyer to make reasonable enquiry
before accepting instructions in
respect of any such claim for the
purpose of ascertaining whether
the acceptance of such
instructions will involve a
contravention of the provisions of
sub-rule (1) or (2) of this rule.
Rule 9—Others Professional
Misconduct.
(1) The conviction of a lawyer for
a criminal offence involving
dishonesty or moral turpitude
makes him prima facie unfit to
continue on the Roll of Lawyers.
(2) The Disciplinary Committee
may, however, take into
consideration the nature of the
offence of which the lawyer was
convicted. In particular, if the
offence is not of such a character
as to make the person guilty of it
unfit to remain an officer of the
court and a member of an
honourable profession, then the
Disciplinary Committee may make
such order as it thinks fit
instead of striking the name of
such person off the Roll of
Lawyers.
(3) The failure on the part of any
lawyer to comply with an order of
the court is a professional
misconduct except where such
non-compliance was in connection
with a court order made against a
lawyer in a purely personal
capacity completely unconnected
with his practice.
(4) Any deliberate deception of
the court on the part of a lawyer
is a professional misconduct.
Equally a lawyer is guilty of such
misconduct if he knowingly permits
a client to attempt to deceive the
court.
(5) It is professional misconduct
to attempt deliberately to deceive
or make a false representation to
the Disciplinary Committee of the
General Legal Council which shall
for the purposes of this rule be
deemed to be in the same position
as the court. Similarly the duty
of a lawyer as an officer of the
court to honour undertakings given
to the court applies equally to
undertakings given to the
Disciplinary Committee.
(6) A lawyer who neither attends
in court himself nor makes
arrangements for a responsible
member of his firm or staff or
agent or some other lawyer to be
present throughout in court
proceedings in which he or his
firm is acting is guilty of a
breach of duty to the court, his
client and his profession.
(7) A lawyer in his dealings with
the client must behave with the
utmost honesty and with frankness;
and any breach of this rule
constitutes professional
misconduct.
(8) Any conduct towards a member
of the public which is fraudulent
or contains an element of fraud is
a professional offence. It is
immaterial for purposes of this
rule that the lawyer concerned may
not have been convicted of that
fraud by a court of criminal
jurisdiction.
(9) A lawyer is entitled to
reasonable compensation for his
services, but he shall avoid
charges which either overestimate
or undervalue the service
rendered. When possible he shall
adhere to established tariffs. The
client’s ability to pay cannot
justify a charge in excess of the
value of the service, though his
poverty may require a less charge
or even none at all.
(10) A lawyer shall give no
undertaking he cannot fulfil, and
he shall fulfil every undertaking
he gives. He should never in any
way communicate upon the subject
in controversy, or attempt to
negotiate or compromise the matter
directly with any party
represented by a lawyer except
through such lawyer.
(11) It is the duty of a lawyer to
maintain the honour and integrity
of his profession, and to expose
without fear or favour before the
proper Tribunal unprofessional or
dishonest conduct by any member of
the profession, and to accept
without hesitation a retainer
against any member of the
profession who is alleged to have
wronged his client.
(12) No client is entitled to
receive—and no lawyer shall render
any service or advice involving
disloyalty to the State or
disrespect for the judicial office
or the corruption of any persons
exercising a public or private
trust or deception or betrayal of
the public.
E.
AKUFO-ADDO
Chairman
E.
S. AIDOO
Secretary
Date of Gazette Notification: 17th
January, 1969.
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