Daily Archives: 19/12/2017

Disciplinary Process & Procedures

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  1. The Complainant shall present his/her complaint in writing against the lawyer in question to the Secretariat of the General Legal Council.
  2. A copy of the complaint may be given to the lawyer in question for his or her response.
  3. The lawyer in question must respond to the complaint within 14 days of receipt of the petition if the complaint is sent to him for his response.
  4. The lawyer’s response is then forwarded to the complainant for his or her comment.
  5. The complainant’s comment is also forwarded to the Secretariat of the General Legal Council for onward transmission to the lawyer for his or her further comments.
  6. The Disciplinary Committee of the General Legal Council may then invite the parties for the commencement of the preliminary hearing of the petition.
  7. At the preliminary enquiry stage, the complainant is required to be present with or without a lawyer.
  8. The Disciplinary Committee will then establish whether or not there is a prima facie case to be investigated.
  9. After the preliminary enquiry stage, there may or may not be the need to prefer charge (s) against the lawyer.
  10. If a prima facie case is established, Counsel for the Disciplinary Committee shall then prepare a formal charge.
  11. If the lawyer pleads not guilty to the formal charge, the Committee shall then set a date for a formal hearing or inquiry which takes the form of a trial even though the Committee is not a Court.
  12. The Panel comprises three members of the Committee with the Chairman/Acting Chairman presiding.
  13. At the formal hearing legal representation is allowed.
  14. Both parties are permitted to produce evidence if they have any which is usually on oath and are also allowed to cross-examine witnesses.
  15. Counsel for the complainant may only ask a few questions.
  16. When the hearings are brought to an end, the Panel will present their written decision on whether or not the charges preferred against the lawyer have been made out to the full Committee.
  17. The Disciplinary Committee will then debate its final ruling with respect to the sanctions to be imposed.
  18. The draft ruling may be discussed among the members of the General Legal Council, which is then finalized by the Disciplinary Committee.
  19. A date is then fixed for the ruling to be read to the parties.
  20. Sanctions imposed include formal written letter of reprimand, order for an oral or written apology, suspension or disbarment.
  21. A Lawyer has the right to appeal the decision to the Court of Appeal.

Outcome of 14th December, 2017 Cases

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NO.

TITLE

 

REMARKS
1 CONDUCT OF FRANCIS SOSU PENDING

 

2 COMPLAINT OF MR. JOHNSON AGYEKUM AGAINST

LAWYER NATHANIEL MYERS

 

DISPOSED OF
3 COMPLAINT OF KOSI MINIME GBOGLA AGAINST LAWYER ROGER ARYEE PENDING
4 COMPLAINT OF MR. SAMPSON ASARE AGAINST LAWYER ROBERTSON KPATSA RESPONDENT REPRIMANDED
5 COMPLAINT OF CHRISTIAN ADU AGO AGAINST LAWYER BEN ANNAN PENDING

 

6 COMPLAINT OF MARGARET ARTISO AGAINST LAWYER CHRIS ACUMMEY PENDING

 

7 COMPLAINT OF ALFRED EFFAH WIAFE AGAINST LAWYER EGBERT FAIBILLE JNR. DISPOSED OF AS FRIVOLOUS

 

Larry Apaloo Charges

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IN THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL,  ACCRA AD 2017

INQUIRY UNDER SECTION 18 OF THE LEGAL PROFESSION ACT, (ACT 32) 1960

IN THE CONDUCT OF LARRY APALOO ESQ.

LARRY APALOO

You are hereby notified that following preliminary inquiry held by the Disciplinary Committee of the General Legal Council, a prima facie case of misconduct has been established against you.

You are hereby charged with the following misconduct.

COUNT 1  

STATEMENT OF MISCONDUCT

Misconduct in a professional respect, contrary to Rule 9(10) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613.

PARTICULARS OF MISCONDUCT

That you, as a lawyer and having acted as a facilitator for Mr. Mohammed Wolley in the purchase of a property in Osu, Accra, failed to abide by your undertaking to refund to Mr. Mohammed Wolley the Ghana Cedi equivalent of USD 1,000,000 being payment in advance made by Mr. Mohammed Wolley to you, towards the purchase of the said property, which you have not procured.

COUNT 2

STATEMENT OF MISCONDUCT

Misconduct in professional respect, contrary to Section 19 (5) of the Legal Profession Act

PARTICULARS OF MISCONDUCT

That you having been duly notified, failed to appear before the Disciplinary Committee of the General Legal Council on 9th June, 2016.

               sgd

DISCIPLINARY COMMITTEE

DATED AT ACCRA, THIS 20TH DAY OF NOVEMBER 2017
PS: the dates for the hearing of the enquiry are 6th and 7th February, 2018 at the Supreme Court at 2:00pm.