LEGAL PROFESSION ACT, 1960 (ACT
32)
As amended by
ARRANGEMENT OF SECTIONS
Section
PART I—ORGANISATION OF THE
PROFESSION
1. The General Legal Council.
2. Status of Lawyers.
3. Qualifications for Enrolment.
4. Only Graduates of Approved
Universities will be Enrolled as
from 1971.
5. Evidence of Citizen's
Qualification Abroad.
6. The Roll of Lawyers.
7. Call to the Bar.
8. Solicitor's Licence.
9. Penalty for Unlawful Practice.
10. Military Advocates.
11. Government Grants.
12. Accounts.
PART II—LEGAL EDUCATION
13. Arrangements for Legal
Education.
14. Power to Make Regulations.
15. Delegation to Board of Legal
Education.
PART III—DISCIPLINE
16. Erasure from Roll for
Misconduct.
16A. Erasure from Roll on
Conviction of Certain Offences.
17. Disciplinary Committee.
18. Reference of Disciplinary
Cases to Disciplinary Committee.
19. Rules of Procedure, etc.
20. Decision of Disciplinary
Committee.
21. Right of Appeal.
22. Striking off the Roll.
23. Rules of Professional Conduct.
24. Restoration of Name to the
Roll.
25. Review of Prohibition on
Practising.
PART IV—EMPLOYMENT OF LAWYERS
26. Change of Lawyers During
Hearing of a Case.
27. Liability to Pay Costs.
28. Costs Recoverable.
29. Agreements Inconsistent with
this Act to be Void.
PART V—RECOVERY OF FEES
30. Bill of Fees.
31. Application of Party Charged
to Tax Bill.
32. Where no Application to Tax
made within One Month.
33. Where Application not to be
Granted.
34. Non-attendance of Party at
Taxation.
35. Costs of Taxation.
36. Form of Order to be Made.
37. Proof of Compliance with Act.
38. Completion of Taxation.
39. Power to Court to Order
Delivery of Bill, etc.
40. Where Lawyer May Begin Suit
within Month of Delivery of Bill.
41. Applications to be by Motion.
42. Representatives and Assignees
of Lawyers.
PART VI—PREPARATION OF LEGAL
DOCUMENTS BY UNAUTHORISED PERSONS
43. Name and Address of
Draughtsman to be Endorsed on
Instruments.
44. Unqualified Persons not to
Draw or Prepare Instruments.
45. Agreement to Pay Fees or
Reward to an Unqualified Person to
be Void.
46. Savings for Public Officers
and Engrossing.
47. Power to Except any Class of
Instrument.
PART VII—KEEPING OF ACCOUNTS
48. General Legal Council to Make
Rules as to Certain Matters.
49. Consequences of Failure to
Comply with Rules.
50. Saving for Full-time Employees
of Government.
51. Saving for Part-time
Practitioners.
52. Relief to Banks.
PART VIII—MISCELLANEOUS
53. Provisions as to Rules.
54. Repeals.
55. Continuance of Rules and
Regulations.
56. Definitions.
57. Commencement.
SCHEDULES
First Schedule—Constitution of
General Legal Council.
Second Schedule—Form of Practising
Certificate.
Third Schedule—Repeals.
THE THIRTY-SECOND
ACT
OF THE PARLIAMENT OF THE REPUBLIC
OF GHANA
ENTITLED
THE LEGAL PROFESSION ACT, 1960
AN ACT to consolidate and amend
the law relating to the legal
profession.
DATE OF ASSENT: 12th January, 1961
BE IT ENACTED by the President and
the National Assembly in this
present Parliament assembled as
follows:—
PART I—ORGANISATION OF THE
PROFESSION
Section 1—The General Legal
Council.
(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.
(2) The constitution of the
Council shall be as set out in the
First Schedule to this Act.
(3) The Council may hold land and
other property and do all such
other things as may appear to them
to be required for the purpose of
performing their functions.
(4) The Council shall appoint a
Director of Legal Education, and
such other officers as they may
require, and in the case of
officers required for the purposes
of Part II of this Act the
appointments shall be made on the
recommendation of the Director of
Legal Education.
(5) The Council shall in the
performance of their functions
comply with any general directions
given to them by the Minister.
Section 2—Status of Lawyers.
Every person whose name is entered
on the Roll to be kept under this
Part shall—
(a) subject to section 8 of this
Act, be entitled to practise as a
lawyer, whether as a barrister or
solicitor or both, and to sue for
and recover his fees, charges and
disbursements for services
rendered as such, and
(b) be an officer of the Courts,
and
(c) when acting as a lawyer, be
subject to all such liabilities as
attach by law to a solicitor.
Section 3—Qualifications for
Enrolment.
(1) A person shall be qualified
for enrolment if he satisfies the
General Legal Council—
(a) that he is of good character,
and
(b) that he holds a qualifying
certificate granted under Part II
of this Act by the General Legal
Council.
(2) A person may, at the
discretion of the General Legal
Council, be enrolled if he
satisfies the Council—
(a) that he is of good character,
and
(b) that he is qualified to
practise in any country having a
sufficiently analogous system of
law and that his qualifications
are such as to render him suitable
for enrolment, and fulfils such
conditions, whether as to status
or proficiency, as may be
prescribed.
(3) A person who is a citizen of
Ghana shall be qualified for
enrolment if he satisfies the
General Legal Council—
(a) that he is of good character,
and
(b) that he is qualified to
practise law in any country having
a sufficiently analogous system of
law. [As Inserted by Legal
Profession (Amendment) Decree 1967
(NLCD 143) s. 1].
(4) Notwithstanding any other
provision of this Act a person
shall not be enrolled under
subsection (3) of this section
unless and until he has
satisfactorily completed a course
of lectures in customary law and
in such other subjects as the
General Legal Council may
prescribe of not less than three
months' duration at a school of
law or other place of instruction
specified by the General Legal
Council. [As Inserted by Legal
Profession Act (Amendment) (No. 2)
Decree, 1967 (NLCD 213) s. 1 (a)].
Section 4—Only Graduates of
Approved Universities will be
Enrolled as from 1971.
With effect from the first day of
January, 1971 a person shall not
be qualified for enrolment under
any provision of this Act unless
he is the holder of a degree from
a university approved by the
General Legal Council; and [As
Inserted by Legal Profession Act
(Amendment) (No. 2) Decree, 1967 (NLCD
213) s. 1 (b)].
Section 5—Evidence of Citizen's
Qualification Abroad.
A
person who is a citizen of Ghana
may, for the purposes of sections
3 and 4 of this Act, be accepted
as qualified to practise in a
particular country if he has
satisfied the educational tests
required for admission to practise
in that country, notwithstanding
that he may not in fact have been
so admitted to practise.
Section 6—The Roll of Lawyers.
(1) The Roll of the Supreme Court
heretofore known as the Roll of
Legal Practitioners shall be known
as the Roll of Lawyers and shall
be kept by the Judicial Secretary.
(2) A person applying for
enrolment shall deposit in the
office of the Judicial Secretary
for custody therein—
(a) an affidavit of identity in a
form approved by the General Legal
Council, and
(b) a duly authenticated copy of
his qualifying certificate granted
by the General Legal Council or,
in the case of a person not
holding such a certificate, such
other documents as may be
prescribed,
but the Council may, on special
grounds, and on such terms as they
think reasonable, exempt any
person from complying with any
formalities prescribed by this
subsection either absolutely or
for any specified period.
(3) Rules made by the General
Legal Council may require that a
person who does not hold a
qualifying certificate issued by
the Council under Part II of this
Act shall before enrolment pay to
the Council a fee not exceeding
£G100 and may provide for
exempting persons from payment of
the fee where the Council thinks
fit.
(4) A person may, on payment of
the fee appointed by the Council,
obtain from the Judicial Secretary
a certificate of his enrolment.
(5) No stamp duty shall be payable
on enrolment.
Section 7—Call to the Bar.
The General Legal Council shall
from time to time hold formal
meetings at which duly qualified
applicants shall be enrolled and
called to the bar, but the Council
may at their discretion dispense
with the formalities under this
section in any particular case.
Section 8—Solicitor's Licence.
(1) 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.[deleted by
Stamp Duty Act 2005 (Act 689)
s.51(2)]
(2) No person shall be issued with
a Solicitor's Licence unless he
has been previously enrolled as a
lawyer under section 3 of this
Act.
(3) A person who has not
previously been entitled to
practise as a solicitor in Ghana
and who does not hold a qualifying
certificate but has, after
qualification, attended and
satisfactorily completed a post
final professional qualifying
course approved by the Council,
shall not be issued with a
Solicitor's Licence unless he
satisfies the Council that he has,
since qualifying as a lawyer, 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.
(4) A person who holds a
qualifying certificate and who
has been enrolled as a lawyer
under section 3 may be issued with
a Solicitor's Licence so however
that no such person shall be
entitled to establish his own
office as a Solicitor unless the
Council is satisfied that he has
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.
(5) 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.
(6) A person who practises in
contravention of this section
shall be liable on conviction to a
fine not exceeding ¢200 and shall
be incapable of maintaining any
action for the recovery of any
fee, reward or disbursement on
account of or in relation to any
act or proceeding done or taken by
him in the course of such
practice. [As Substituted by Legal
Profession (Amendment) Decree,
1972 (NRCD 88) s. 1].
Section 9—Penalty for Unlawful
Practice.
(1) If a person who is not
enrolled practises as a lawyer or
in any character whatsoever
prepares any document for reward
(either direct or indirect) to be
used in or concerning any cause or
matter before any court or
tribunal he shall be liable on
conviction to a fine not exceeding
£G50, and for an offence committed
after a conviction under this
subsection for an earlier offence,
to imprisonment for a term not
exceeding six months, or to a fine
not exceeding £G100 or to both.
(2) If a person who is not
enrolled wilfully pretends to be,
or takes or uses any name or
title, or description implying
that he is qualified or recognised
as qualified to act as a lawyer or
barrister or solicitor he shall be
liable to a fine not exceeding
£G50 or to imprisonment for a term
not exceeding six months or to
both.
Section 10—Military Advocates.
Notwithstanding anything in this
Act, a military advocate may
appear in any court on behalf of a
member of the Armed Forces charged
with any offence, and when so
appearing sections 8 and 9 of this
Act shall not apply to him.
Section 11—Government Grants.
The Minister responsible for
finance may, out of monies
provided by Parliament, make to
the General Legal Council such
grants towards expenditure
incurred by them as he thinks fit
and shall so far as practicable
arrange for the Council to be
informed not less than twelve
months in advance of the amount of
the grants which he proposes to
make to them in any year.
Section 12—Accounts.
(1) The Council shall keep
accounts in the form directed by
the Accountant-General and shall
not later than the 31st day of
March in each year prepare a
statement of revenue and
expenditure estimated for the next
financial year.
(2) The Council shall also prepare
not later than the end of any
calendar year a financial
statement covering the previous
financial year in a form approved
by the Auditor-General.
(3) The statement prepared by the
Council under subsection (2) shall
be submitted for audit by the
Auditor-General who shall present
it when audited, together with his
report thereon, to Parliament not
later than the 31st day of March
in the financial year following
that to which the statement
relates.
PART II—LEGAL EDUCATION
Section 13—Arrangements for Legal
Education.
(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.
(2) The Council may carry out the
arrangements in such manner as
they think fit and, in particular,
either through a school of law set
up by them or through any other
educational institution.
(3) The Council shall issue to
those who have satisfied the
Council that they have attained
the necessary standards of
proficiency in the law, that they
have obtained adequate practical
experience in the law and that
they are otherwise qualified to
practise as lawyers a certificate
to that effect (hereinafter
referred to as a "qualifying
certificate").
Section 14—Power to Make
Regulations.
The General Legal Council may, by
legislative instrument, with the
approval of the Minister make
regulations concerning all matters
connected with legal education
and, in particular, concerning
(a) the conduct of examinations,
and the fees to be charged to
those sitting for the
examinations,
(b) admission to practise as a
lawyer, and
(c) the issue of diplomas to
persons who have passed
examinations held by them.
Section 15—Declaration to Board of
Legal Education.
(1) There shall continue to be a
Board of Legal Education to whom
the General Legal Council may
delegate the immediate
administration and supervision of
legal education and such other of
their functions as the Council
think fit.
(2) Subject to this section the
Board shall consist of—
(a) the Chief Justice;
(b) the Attorney-General;
(c) a member of the General Legal
Council nominated by the Chief
Justice;
(d) two persons nominated by the
Minister as being persons with
wide experience both in the law
and other fields;
(e) the Director of Legal
Education.
(3) The General Legal Council may
at any time with the approval of
the Minister by order vary the
constitution of the Board.
(4) The term of office of a person
nominated under this section shall
be determined by the person
nominating him at the time of his
nomination.
PART III—DISCIPLINE
Section 16—Erasure from Roll for
Misconduct.
(1) A lawyer who has been guilty
of grave misconduct in a
professional respect (including
any conduct which, in pursuance of
rules made by the General Legal
Council under this Part, is to be
treated as grave misconduct in a
professional respect), shall be
liable—
(a) to have his name struck off
the Roll of Lawyers, or
(b) to be prohibited from
practising as a lawyer for a
period specified in the order
suspending him.
(2) Section 9 of this Act applies
to a lawyer who is prohibited
under this section from practising
as it applies to a person who is
not enrolled.
Section 16A—Erasure from Roll on
Conviction of Certain Offences.
The General Legal Council may
direct the Judicial Secretary to
strike off the Roll of Lawyers
without the holding of a
disciplinary enquiry, the name of
any Lawyer who has been convicted
of an offence involving dishonesty
or moral turpitude and the
Judicial Secretary shall comply
with any such direction:
Provided that the Judicial
Secretary shall not erase the name
of a lawyer from the Roll under
this paragraph unless the period
allowed (if any) within which the
lawyer concerned may lodge an
appeal against his conviction has
expired without his lodging an
appeal or if any such appeal was
lodged by him until the appeal has
been finally disposed of or
withdrawn or abandoned. [As
Inserted by Legal Profession Act
(Amendment) Decree, 1969 (NLCD
338) s. 1 (a)].
Section 17—Disciplinary Committee.
(1) The General Legal Council
shall appoint from among their
members, or persons who hold or
have held high judicial office, or
former members of the Council who
are practising as lawyers, a
Disciplinary Committee consisting
of such number of persons, not
being less than three nor more
than seven, as the Council think
fit. [As Substituted by Legal
Profession (Amendment) Decree,
1979 (AFRCD 53) s. 1(a)].
(2) The Council may remove any
member from the Disciplinary
Committee, but not while he is
hearing a disciplinary case, and
fill any vacancy therein and,
subject to the limit in subsection
(1), increase the number of
members of the Disciplinary
Committee.
Section 18—Reference of
Disciplinary Cases to Disciplinary
Committee.
Any complaint by a person relating
to the conduct of a lawyer shall
be referred to the Disciplinary
Committee and, if it appears to
the Disciplinary Committee that an
inquiry ought to be held into the
complaint, they shall proceed to
hold the inquiry.
Section 19—Rules of Procedure,
Etc.
(1) The Disciplinary Committee may
by legislative instrument make
rules as to the times and places
of the meetings of the Committee,
the manner of summoning members,
and the procedure to be followed
and rules of evidence to be
observed in an inquiry, and in
particular,—
(a) for securing that any party to
the inquiry shall, if he so
requires, be entitled to be heard
by the Committee, and
(b) for enabling any party to the
inquiry to be represented by a
lawyer, and
(c) for the allowance to witnesses
of their expenses subject to such
limits as may be prescribed, and
(d) for prescribing the number of
members to hold an inquiry in a
disciplinary case, and the cases
in which their decision must be
unanimous.
(2) The Disciplinary Committee
shall have the powers of the High
Court to summon witnesses, and to
call for the production of
documents, and to examine
witnesses and parties concerned on
oath; and oaths may be
administered for that purpose by
any member of the Disciplinary
Committee.
(3) All persons summoned to attend
and give evidence, or to produce
documents, at any sitting of the
Disciplinary Committee in an
inquiry under this Act shall be
bound to obey the summons to
attend as fully in all respects as
witnesses are bound to obey
subpoenas issued from the High
Court, and every person failing
without reasonable excuse to
attend at the time and place
mentioned in the summons served on
him, or withdrawing without the
permission of the Disciplinary
Committee, or refusing without
reasonable excuse to answer any
question put to him in the course
of the inquiry, or to produce any
documents which he has been
required to produce shall be
liable on summary conviction to a
fine not exceeding £G50.
(4) A person giving evidence in an
inquiry under this Act shall not
be compelled to incriminate
himself, and shall, in respect of
any evidence so given, be entitled
to all privileges to which a
witness giving evidence before the
High Court is entitled.
(5) A person who at any sitting of
the Disciplinary Committee
wilfully insults any member of the
Disciplinary Committee, or any
officer of the Disciplinary
Committee, or wilfully interrupts
the proceedings of the
Disciplinary Committee shall be
liable on summary conviction to a
fine not exceeding £G100, or to
imprisonment for a term not
exceeding one year, or to both.
(6) For the purposes of the law
relating to the offence of perjury
the Disciplinary Committee holding
an inquiry under this Act shall be
deemed to be a court.
Section 20—Decision of
Disciplinary Committee.
(1) After holding an inquiry into
a disciplinary case, the
Disciplinary Committee shall
decide whether the allegations
enquired into are proved and if
they decide that those allegations
are proved they may direct the
taking of any such disciplinary
measures as are specified in
section 16 of this Act and make
such order as to costs as they may
think fit.
(2) The Disciplinary Committee may
if they think fit postpone either
indefinitely or for a specified
period the making of their
decision whether to take any such
disciplinary measures.
Section 21—Right of Appeal.
Where the Disciplinary Committee
on the conclusion of an inquiry
into a disciplinary case has
directed the taking of
disciplinary measures or has
postponed its decision under
section 20 of this Act, the lawyer
into whose conduct the inquiry was
made or the complainant into whose
complaint the inquiry was made
may, within twenty-one days from
the date on which the decision of
the Disciplinary Committee is
communicated to him by the
Committee, appeal to the Court of
Appeal—
(a) on any question of law, or
(b) with leave of the Disciplinary
Committee or the Court of Appeal,
on any question of fact. [As
Substituted by Legal Profession
(Amendment) Decree, 1979 (AFRCD
53) s. 1 (b)].
Section 22—Striking off the Roll.
The Judicial Secretary shall not
erase the name of the lawyer from
the Roll in pursuance of a
decision of the Committee until
the period of 21 days, under
section 21 of this Act, has
expired and until he has
ascertained that no appeal has
been brought under that section or
that any such appeal has been
disposed of.
Section 23—Rules of Professional
Conduct.
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.
Section 24—Restoration of Name to
the Roll.
(1) Subject to this section, where
the name of any lawyer has been
struck off the Roll in consequence
of a decision in a disciplinary
case or in consequence of a
direction by the General Legal
Council under section 16A of this
Act, his name shall not again be
entered on the Roll except by the
direction of the Council, but the
Council may at any time direct
that his name be restored to the
Roll. [As Inserted by Legal
Profession Act (Amendment) Decree,
1969 (NLCD 338) s. 1 (b)].
(2) The power of the Council to
restore to the Roll the name of a
lawyer whose name has been struck
off the Roll may be exercised
notwithstanding that the decision
ordering his name to be struck off
the Roll was taken before the
passing of this Act.
Section 25—Review of Prohibition
on Practising.
Where under this Part the
Disciplinary Committee have
directed that a lawyer be
prohibited from practising they
may at any time review their
decision and direct that the
prohibition be withdrawn.
PART IV—EMPLOYMENT OF LAWERS
Section 26—Change of Lawyers
During Hearing of a Case.
(1) A party appearing by a lawyer
in any case shall be at liberty to
change his lawyer without an order
for that purpose upon notice of
the change being filed in the
office of the Registrar of the
Court.
(2) Until notice is so filed and a
copy thereof served upon him, the
former lawyer shall be considered
as appearing for the party until
final judgment, unless allowed by
the Court for any special reason
to cease from acting therein; but
he shall not be bound except under
express agreement or unless
re-engaged, to take any
proceedings in relation to any
appeal from the judgment.
Section 27—Liability to Pay Costs.
(1) Where it appears to the Court
that any case has been commenced
or carried on maliciously or
without probable grounds, and the
party by or on whose behalf it has
been so commenced or carried on
has been represented by a lawyer,
or if it appears that any lawyer
has by any sort of deceit induced
his client to enter into or
continue any litigation, the
lawyer shall, on failure of his
client to pay any costs which he
may be ordered to pay, be liable
to pay the amount thereof to the
party to whom costs are given.
(2) Such failure shall be deemed
to have taken place if the client
has refused or neglected to make
payment after a demand has been
made on him, although no process
of execution may have been used
against him.
(3) This section shall not
restrict the liability of any
lawyer in respect of the above
mentioned or any other misconduct
for which he would otherwise be
punishable.
Section 28—Costs Recoverable.
A
lawyer shall not be entitled to
recover any costs in respect of
any proceedings beyond the amount
applicable to the proceedings
which may be allowed by the
authorised scale of fees or, in
matters not therein included,
which the Court may allow on
taxation, having regard to the
skill, labour, and responsibility
involved.
Section 29—Agreements Inconsistent
with this Act to be Void.
Any agreement intended to secure
to a lawyer any remuneration, or
to constitute any conditions of
his employment other than
authorised by this Part, shall be
null and void, and if a lawyer
enters into any such agreement, or
receives any larger amount than
authorised, either directly or
indirectly, through any other
person, for his use or benefit, he
shall refund the whole amount of
the overcharge, and shall be
liable to a fine which may extend
to double the amount of the
overcharge or to £G20.
PART V—RECOVERY OF FEES
Section 30—Bill of Fees.
A
lawyer shall not be entitled to
commence any suit for the recovery
of any fees for any business done
by him as a barrister or solicitor
until the expiration of one month
after he has served on the party
to be charged a bill of those
fees, the bill either being signed
by the lawyer (or in the case of a
partnership by any of the
partners, either in his own name
or in the name of the partnership)
or being enclosed in or
accompanied by a letter signed in
like manner referring to the bill.
Section 31—Application of Party
Charged to Tax Bill.
Upon the party to be charged
applying to the Court within the
month referred to in section 30 of
this Act, the Court may refer the
bill and the demand of the lawyer
to be taxed and settled by the
taxing officer of the Court.
Section 32—Where no Application to
Tax Made within one Month.
If application is not made within
the month referred to in section
30 of this Act, a reference for
taxation may be made upon the
application of the lawyer, with
such directions and subject to
such conditions as the Court
making the reference thinks
proper, and the Court may restrain
him from commencing a suit for the
recovery of his fees pending the
reference on such terms as the
Court thinks proper.
Section 33—Where Application Not
to be Granted.
No reference shall be directed
upon application made by the party
to be charged after judgment has
been obtained in any suit for the
recovery of the fees of the lawyer
or after expiration of twelve
months after the bill has been
served except under special
circumstances to be proved to the
satisfaction of the Court to which
application for the reference is
made.
Section 34—Non-attendance of Party
at Taxation.
Upon any reference, if either the
lawyer or the party to be charged,
having due notice, refuses or
neglects to attend the taxation,
the taxing officer may proceed to
tax and settle the bill ex parte.
Section 35—Costs of Taxation.
If on any reference the party to
be charged attends on taxation the
cost of the reference shall,
subject to section 36 of this Act,
be paid according to the event of
the taxation: that is to say, if
the bill when taxed is less by a
sixth part than the bill served,
the lawyer shall pay the costs;
otherwise, the party to be charged
shall pay the costs.
Section 36—Form of Order to be
Made.
(1) Every order for a reference
shall direct the taxing officer to
certify what is found to be due to
or from the lawyer in respect of
the bill, including the costs of
the reference.
(2) The taxing officer may certify
especially any circumstances
relating to the bill or reference
and the Court may make any such
order as it thinks proper
respecting the costs of the
reference.
(3) Where any reference is made
under section 33 of this Act the
Court may, if it thinks fit, give
any special directions relative to
the costs of the reference.
Section 37—Proof of Compliance
with Act.
It shall not in any case be
necessary in the first instance
for any lawyer in proving a
compliance with this Part to prove
the contents of the bill served;
it shall be sufficient to prove
that a bill for fees signed in the
manner provided or enclosed in or
accompanied by the letter as
provided was duly served.
Section 38—Completion of Taxation.
(1) Upon the completion of the
taxation of the bill, the taxing
officer shall submit for the
approval of the Court the result
of his taxation, including costs,
and, subject to review, the amount
approved by the Court shall be
final and conclusive as to the
amount of the bill and costs.
(2) The Court may in its
discretion review any approval on
the application of either party
made within twenty-one days of the
approval, and the Court may order
that judgment be entered for the
amount approved, unless the
retainer is disputed, or to make
such other order as the Court
thinks proper.
Section 39—Power to Court to Order
Delivery of Bill, Etc.
The Court may make an order for
the delivery by any lawyer of any
bill of fees for business done by
him; and the Court shall have all
necessary powers for enforcing the
delivery up by a lawyer of any
deeds, documents, for things in
his possession, custody, or power.
Section 40—Where Lawyer May Begin
Suit within Month of Delivery of
Bill.
The Court may authorise a lawyer
to commence a suit for the
recovery of his fees against the
party to be charged, and may refer
his bill of fees to be taxed and
settled by the taxing officer of
the Court, although one month may
not have expired from the delivery
of the bill, on proof to the
satisfaction of the Court that
there is probable cause for
believing that the party
chargeable is about to quit Ghana,
or to become insolvent, or to take
any other steps or to do any other
act which in the opinion of the
Court would tend to defeat or
delay the lawyer in obtaining
judgment.
Section 41—Applications to be by
motion.
All applications made under this
Part to refer any bill to be taxed
and settled or for the delivery up
of deeds, documents, or things
shall be by motion in the matter
of the lawyer concerned.
Section 42—Representatives and
Assignees of Lawyers.
This Part applies to the executor,
administrator, and assignee of a
lawyer in respect of business done
by the lawyer.
PART VI—PREPARATION OF LEGAL
DOCUMENTS BY UNAUTHORISED PERSONS
Section 43—Name and Address of
Drughtsman to be Endorsed on
Documents.
Every person who draws or prepares
any legal document for reward
shall endorse or cause to be
endorsed thereon his name and
address; and any person omitting
so to do shall be liable on
summary conviction to a fine not
exceeding £G10.
Section 44—Unqualified Persons not
to Draw or Prepare Documents.
No other person than a lawyer
shall either directly or
indirectly for or in expectation
of any fee, gain, or reward draw
or prepare any legal document; and
any person contravening this
section shall be liable on summary
conviction to a fine £G50.
Section 45—Agreement to Pay fee or
Reward to an Unqualified Person to
be Void.
(1) An agreement to pay a fee or
reward to any person, other than a
lawyer, in consideration of his
drawing or preparing any legal
document is void.
(2) Any person who pays to any
person, other than a lawyer, any
fee or reward for having drawn or
prepared or agreed to draw or
prepare a legal document, may sue
for and recover the amount of the
fee or reward from the person to
whom it was paid.
Section 46—Savings for Public
Officers and Engrossing.
This Part does not apply to any
public officer drawing or
preparing a legal document in the
course of his duty as such, nor to
the mere engrossing of document.
Section 47—Power to Except any
Class of Document.
The Minister may, by legislative
instrument, except from this Part
any class of document specified in
the instrument.
PART VII—KEEPING OF ACCOUNTS
Section 48—General Legal Council
to Make Rules as to Certain
Matters.
(1) The General Legal Council may
by legislative instrument make
rules requiring lawyers—
(a) to open and keep separate bank
accounts of clients' moneys, and
(b) to keep accounts containing
particulars and information as to
moneys received, held or paid by
them, for or on account of their
clients.
(2) The General Legal Council may
take such action and make such
rules as may be necessary to
enable them to ascertain whether
or not the rules are being
complied with.
Section 49—Consequences of Failure
to Comply with Rules.
(1) If a person fails to comply
with any of the rules made under
section 48 of this Act, any person
may make a complaint in respect of
that failure to the Disciplinary
Committee.
(2) The provisions of Part III of
this Act shall apply in relation
to complaints under this section
as they apply in relation to
application to the Committee under
Part III.
Section 50—Saving for Full-time
Employees of Government.
Rules made under section 48 of
this Act shall not apply to any
person who is in full-time
employment as an officer of the
Government or a local authority or
a consultant to an incorporated
body.
Section 51—Saving for Part-time
Practitioners.
Where a person is employed as an
officer of the Government or local
authority or as a consultant to an
incorporated body and at the same
time engages in private practice
as a lawyer, the rules made under
section 48 of this Act shall only
apply to him so far as regards
moneys received, held or paid by
him in the course of the private
practice.
Section 52—Relief to Banks.
(1) Subject to this section, no
bank shall, in connection with any
transaction on any account of any
lawyer kept with it or with any
other bank (other than an account
kept by a lawyer as a trustee for
a specified beneficiary) incur any
liability or be under any
obligation to make any enquiry or
be deemed to have any knowledge of
any right of any person to any
money paid or credited to any
account which it would not incur
or be under or be deemed to have
in the case of an account kept by
a person entitled absolutely to
all the money paid or credited to
it.
(2) Nothing in subsection (1)
shall relieve a bank from any
liability or obligation under any
other enactment.
(3) Notwithstanding subsection
(1), a bank at which a lawyer
keeps an account for clients'
moneys shall not, in respect of
any liability of the lawyer to the
bank, not being a liability in
connection with that account, have
or obtain any recourse or right,
whether by way of set off,
counterclaim, charge, or
otherwise, against moneys standing
to the credit of that account.
(4) Nothing in subsection (3)
shall deprive a bank of any right
existing at the time when the
rules made under section 48 of
this Act came into operation.
PART VIII—MISCELLANEOUS
Section 53—Provisions as to Rules.
(1) Subject to subsection (2), the
General Legal Council may, by
legislative instrument, make rules
in relation to any matter referred
to in this Act as prescribed.
(2) Rules for the purposes of
section 3, 6 or 8 of this Act
shall not be made save with the
approval of the Minister.
(3) A legislative instrument under
this Act shall be subject to
annulment by the National
Assembly.
Section 54—Repeals.
The enactments referred to in the
Third Schedule to this Act are
hereby repealed.
Section 55—Continuance of Rules
and Regulations. No. 22 of 1958.
Rules and regulations made under
any provision of the Legal
Practitioners Act, 1958, and in
force immediately before the
commencement of this Act shall
continue in force and shall be
deemed to have been made under the
corresponding provision of this
Act.
Section 56—Definitions.
In this Act, except where the
contrary intention appears—
"enrolment" means the entry of a
name in the Roll of Lawyers;
"fees" includes charges and
disbursements;
"lawyer", for the purposes of Part
V of this Act, includes any person
enrolled at the time the relevant
business was done; and, for the
purposes of Part VI of this Act,
does not include a lawyer for the
time being suspended from
practice;
"legal document" means any
document (other than a will)
conferring, transferring,
limiting, charging, or
extinguishing, or purporting to
confer, transfer, limit, charge,
or extinguish any right, title, or
interest in property, movable or
immovable, or any document
(including a letter) indicating
that legal proceedings may be
brought against the person whom it
is addressed or any other person;
"military advocate" means a
commissioned officer of the Armed
Forces who is certified by the
Chief Justice to be qualified to
practise in a country other than
Ghana;
"the Minister" means the Minister
to whom functions under this Act
are for the time being assigned by
the President;
"practise", in relation to a
country other than Ghana means
practise as a barrister, solicitor
or advocate or in a like capacity,
by whatever name called.
Section 57—Commencement.
This Act shall come into operation
on the 1st day of January, 1961.
SCHEDULES
FIRST SCHEDULE
CONSTITUTION OF GENERAL LEGAL
COUNCIL
1. (1) The General Legal
Council shall be a body corporate
having perpetual succession and a
common seal and may sue and be
sued in their corporate name.
(2) The Council shall not, as a
body corporate, be subject to any
disability as regards the holding
of land to which an individual
would not be subject.
2. (1) Subject to this
paragraph, the Council shall
consist of a chairman, a deputy
chairman and—
(a) the two most senior Judges of
the Supreme Court after the
chairman and the deputy chairman
referred to in subparagraph (2) of
this paragraph;
(b) the Attorney-General;
(c) the Head of the Faculty of
Law at the University of Ghana;
(d) three persons nominated by
the Minister;
(e) four members of the Bar
elected by the Ghana Bar
Association. [As Substituted by
the Legal Profession (Amendment)
Act 1964 (Act 226) s. 3]
(2) The Chairman shall be the
Chief Justice and the deputy
chairman shall be the most senior
of the other Judges of the Supreme
Court.
(3) The other members shall
include—
(a) the other Judges of the
Supreme Court;
(b) the Attorney-General;
(c) the Head of the Faculty of Law
at the University College of
Ghana;
(d) two persons nominated by the
Chief Justice;
(e) two persons nominated by the
Minister;
(f) four members of the Bar of not
less than five years' standing
elected by the Ghana Bar
Association.
(4) The term of office of any
nominated member of the Council
and the conditions under which he
may be removed shall be such as
may be provided by rules under
this Schedule or, if no such rules
have been made, as may be
determined by the person
nominating him at the time of the
nomination.
3
(1) Decisions of the
Council may be taken by a majority
of those present at a meeting of
the Council, and the quorum at any
meeting shall be five of whom one
shall be the chairman or deputy
chairman. [As Substituted by Legal
Profession Act (Amendment) (No. 2)
Decree 1967 (NLCD 213) s. 1 (c)].
(2) Subject to any rules made
under this Schedule, the Council
shall meet at such times and
places as the chairman of the
Council may direct, but the
Council shall meet not less than
twice in any year.
(3) The Secretary of the Council
shall be a person appointed by the
Council.
4. The General Legal Council may
appoint committees, in addition to
the Disciplinary Committee, and
delegate to them any of the
Council's functions other than
their functions under Part III of
this Act.
5. The Council may make rules
governing their proceedings and in
respect of any matter to be
provided under this Schedule.
SECOND SCHEDULE
SOLICITOR'S LICENCE
PURSUANT to the Legal Profession
Act, 1960, licence is hereby
granted to
....................................
Esquire, whose name is duly
enrolled on the Roll of Lawyers to
practise as a solicitor in the
year ending on the 31st day of
December, 19 ......... on this
licence being duly stamped.
Dated this day
of , 19 .
..............................................................
Secretary to the General Legal,
Council."
[As Substituted by Legal
Profession (Amendment) Decree,
1967 (NLCD 143) s. 4].
THIRD SCHEDULE
REPEALS
Section 54
The Legal Practitioners Ordinance
(Cap. 8)
The Military Advocates Ordinance
(Cap. 57)
The Legal Practitioners Act, 1958
(No. 22)
The Legal Practitioners
(Amendment) Act, 1958 (No. 53).
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