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NOTICE IS HEREBY GIVEN that LAWYER KWAME AMOAKO has been suspended from legal practice for a period of two (2) years commencing from 24th November, 2017.

The above-named lawyer was charged with one count under Rule 9 (4) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 as follows:

Count 1

That he, as a Lawyer at K-SAN Law Firm, filed a Notice of Change of Solicitors and issued a writ on behalf of KASAPA Ltd without due consent and instructions from the said KASAPA Ltd.

He was further charged with a second count under Rule 5 (6) (a) (b) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613:

Count 2 

That he, as a Lawyer failed to seek the prior consent of the solicitor on record, Messrs Bentsi Enchill, Letsa &Ankomah before appearing on behalf of KASAPA Ltd in a pending case.

Lawyer Kwame Amoako was also charged with a third count under section 19 (3) of the Legal Profession Act, 1960 (Act 32):

Count 3

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

Lawyer Kwame Amoako was convicted on all three counts.  He was suspended for a period of two (2) years on Counts 1 and 2 and for a period of one (1) year on Count 3. Both sentences are to run concurrently.

During the period of suspension, he shall not hold himself out as a Legal Practitioner or attend Chambers, or render, or purport to render any professional legal services to the public for a fee. He may not attend chambers at anytime during the period of his suspension.

The licence of LAWYER KAWME AMOAKO to practise for the next two (2) years is hereby withdrawn forthwith.

DATED AT THE LAW COURTS BUILDING, ACCRA
THIS 24^TH  DAY OF NOVEMBER, 2017 

SIGNED:
JUSTICE ALEX B. POKU-ACHEAMPONG
JUDICIAL SECRETARY
AND
SECRETARY TO THE GENERAL LEGAL COUNCIL

PRESS RELEASE

2017 Law School Entrance Examinations

The General Legal Council held an Emergency meeting on 6th July, 2017 and decided that in line with the terms of the Supreme Court decision in the case of
Suit No. J1/1/2016 Prof. Stephen Kwaku Asare Vrs Attorney-General and the General Legal Council, the 2017 Ghana School of Law Entrance Examination scheduled for Friday 14th July, 2017 would take place as follows:

Venue: University of Ghana, Legon, ’N’ Block
Date: Friday, 14th July, 2017
Time: 10:00a.m.

A petition presented to the Council by a group of LL.B graduates which, among other things, asked for automatic admission to the Ghana School of Law for LL.B holders, was discussed and declined.

All candidates who have registered for the 2017 Ghana School of Law Entrance Examination are accordingly advised to prepare to take the Examination as scheduled.

GENERAL LEGAL COUNCIL

DATED 7TH JULY, 2017

INTRODUCTION:

Touting and advertisement is prohibited under the Legal Profession (Professional Conduct and etiquette) Rules, 1969, L.I. 613 and the Code of Ethics of the Ghana Bar Association passed pursuant to section 7(2) (b) and 15 of the Professional Bodies Registration Decree, 1973 (NRCD 143).

Rule 2 of L.I. 613 provides as follows:

“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.”

Rule 6 of the GBA Code of Ethics provides:

“6.      Advertisement:

1. A lawyer commits misconduct if –

(a)      he does or causes or allows to be done anything with the primary motive of personal advertisement or anything calculated to suggest that it is so motivated; or

(b)      he publishes, circulates or knowingly permits to be published or circulated anything in the nature of an advertisement of his or his firm’s services otherwise than in a legal directory, legal journal or other legal publication.

2. The rule does not prevent the use of simple visiting cards stating the name, address, and academic or other lawful qualifications of a lawyer.”

While these rules generally prohibit advertisement, they also make provision for exceptions or circumstances under which lawyers may be permitted to advertise. These are:

(a) Personal advertisement as is a necessary consequence of the proper exercise of his profession
(b) Advertisement in a legal directory, legal journal or other legal publication.
(c) Use of simple visiting cards stating the name, address, and academic or other lawful qualifications of a lawyer.

These rules were passed between 1969 and 1973 and at a time when there was no internet so no reference was made to it. With the upsurge of the internet in the 1990’s methods of communication the world over has changed for easy and instant access to information on the spot. Hard copies of documents are changing to electronic versions and many law libraries are converting from manual to electronic libraries. The search for information and especially the profiles of lawyers all over the world is now done electronically on the internet and no longer through hard copies of legal directories, journals or publications, letters fax or telephone. Some few legal firms have gone ahead to place their profiles on the internet while the majority are waiting for directions from the regulators of the Legal Profession, The General Legal Council.

It is against this emerging trend in Information Technology the world over that the Ghana Bar Association adopted the International Bar Association guidelines on websites and proposed to the General Legal Council, the regulatory body for the Legal Profession to permit lawyers and law firms to create websites and place their profiles on the internet using the guidelines below.

GUIDELINES:

1. An intended internet profile, must include the following:
(a) The full name of the legal firm or lawyer.
(b) The location address and postal address.
(c) The particulars of telephone contacts.
(d) The email address
(e) The passport pictures of the partners, associates and juniors.
(f) The history of the firm.
(g) The profile and areas of practice of the firm and or individual members of the firm.

2. The firm or lawyer may subject to the approval of their clients list the names of former and current clients in the profile.

3. Firms and lawyers cannot add phrases, adjectives and description such as “best”, “expert” among other such phrases.

4. Firms cannot add statements which are inaccurate or likely to mislead, diminish public confidence in the legal profession, the administration of justice or otherwise bring the legal profession into disrepute.

5. Firms cannot criticize other legal firms or lawyers.

6. Firms cannot put out statements about their success rate.

7. Firms cannot put statements which are obtrusive as to cause annoyance to those to whom it is directed.

8. A portal will be opened at the GBA website for firms who want to put in their profile at a discounted rate to do so through the GBA. Individual firms will also be permitted to create their own websites.

9. For the avoidance of doubt, social media is not website.

10. The breach of these guidelines to internet profiles would amount to misconduct.

ADOPTED BY THE GENERAL LEGAL COUNCIL ON 5^TH JULY 2013

SUSPENSION OF LAWYER FRANCIS XAVIER SOSU FROM LEGAL PRACTICE

NOTICE IS HEREBY GIVEN that Lawyer Francis Xavier Sosu is hereby suspended from legal practice for a period of period of three (3) years commencing 2^nd day of June, 2017 and ending on 1^st day of June, 2020. There were two cases against him, to wit:

1. Complaint of Francis Agyare against Francis Xavier Sosu

Lawyer Sosu was formally charged under Rule 9 (9) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 that he; having assisted Mr. Francis Agyare, in Human Rights litigation in Accra, charged him GH₵50,000.00 which was excessive and an over-estimation of the services rendered to him, when he represented to him that he was offering pro bono legal services.

He was also charged under Section 19(5) of the Legal Profession Act that he, having been duly notified, failed to appear before the Disciplinary Committee of the General Legal Council on 9^th June, 2016.

Lawyer Sosu was convicted on his own plea of guilty on both counts.

2. Conduct of  Lawyer Francis Xavier Sosu

The Disciplinary Committee of the General Legal Council formally charged Lawyer Sosu under Rule 2(4) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 that he; while acting as Counsel for Torgbui Afede XIV, in a matter between Torgbui Afede XIV and the Chief of Defence Staff, Minister of Interior, Attorney General and another took to Facebook with pictures of the parties and made comments on the case to the public with his firm’s name, address and telephone numbers attached, with the primary motive of personal advertisement and touting.

He was further charged under Rule 2 (4) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 that he; while acting  as Counsel for Patrick Reynolds Yeboah, in a matter between Patrick Reynolds Yeboah and M.DEX Company Limited Accra, Ledzokuku-Krowor Municipal Assembly (LEKMA) Accra, Ghana Standard Authority Accra, National Road Safety Commission, Accra, took to Facebook posting the Writ of Summons in the said case and made comments to the public with his firm’s name, address and telephone numbers attached, with the primary motive of personal advertisement and touting.

Lawyer Sosu was convicted on his own plea of guilty on both counts and was sentenced to a period of three (3) years suspension commencing 2^nd day of June, 2017 and ending on 1^st day of June, 2020. He is to be mentored by a senior for a period of one year commencing 2^nd June, 2020 and ending on 1^stJune, 2021. The senior to mentor him shall lodge periodic reports on him to the General Legal Council’s Disciplinary Committee at the end of every month during the mentorship period.

Both sentences run concurrently. During the period of suspension, he shall not hold himself out as a Legal Practitioner or attend Chambers, or render, or purport to render any professional legal service to any person whomsoever, wheresoever.

The licence of Lawyer Francis Xavier Sosu to practise for the next three (3) years is hereby withdrawn forthwith.

DATED AT THE LAW COURTS BUILDING, ACCRA
THIS 2^nd DAY OF JUNE, 2017

SGD

JUSTICE ALEX B. POKU-ACHEAMPONG
JUDICIAL SECRETARY AND
SECRETARY TO THE GENERAL LEGAL COUNCIL

IN THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL, ACCRA AD 2017
INQUIRY UNDER SECTION 18 OF THE LEGAL PROFESSIONAL ACT, (ACT 32) 1960 IN THE CONDUCT OF LARRY APALOO

RE: COMPLAINT OF MOHAMMED WOLLEY AGAINST

LARRY APALOO ESQ.

I have instructions from the Chairperson of the Committee of Enquiry of the Disciplinary Committee of the General Legal Council to invite you to appear before it in respect of the above mentioned matter on Tuesday 14^th and Wednesday 15^th March, 2017, at the Supreme Court at 2.00pm.

You are being advised to take due note of this date, and arrange your affairs accordingly to ensure your due attendance.

In the event of your failure to attend the hearing, the Committee will proceed to rule on the matter on the basis of the evidence before it.

You have the right to appear before the Committee with a Lawyer of your choice.

Please treat as urgent.

Thank you.

For: DISCIPLINARY COMMITTEE

DATED AT ACCRA, THIS 27^TH DAY OF FEBRUARY, 2017

 ————————

IN THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL, ACCRA AD 2017
INQUIRY UNDER SECTION 18 OF THE LEGAL PROFESSIONAL ACT, (ACT 32) 1960 IN THE CONDUCT OF CHARLES YEBOAH

RE: COMPLAINT OF MOHAMMED WOLLEY AGAINST

CHARLES YEBOAH ESQ

I have instructions from the Chairperson of the Committee of Enquiry of the Disciplinary Committee of the General Legal Council to invite you to appear before it in respect of the above mentioned matter on Tuesday 14^th and Wednesday 15^th March, 2017, at the Supreme Court at 2.00pm.

You are being advised to take due note of this date, and arrange your affairs accordingly to ensure your due attendance.

In the event of your failure to attend the hearing, the Committee will proceed to rule on the matter on the basis of the evidence before it.

You have the right to appear before the Committee with a Lawyer of your choice.

Please treat as urgent.

Thank you.

 For: DISCIPLINARY COMMITTEE

DATED AT ACCRA, THIS 27^TH DAY OF FEBRUARY, 2017

IN THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL

ACCRA AD 2016

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

IN THE CONDUCT OF LARRY APALOO ESQ.

MR. 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

Grave 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 an amount 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

Grave misconduct in a professional respect, contrary to Section 19 (3) of the Legal Profession Act, 1960 (Act 32).

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 without any justification.

DISCIPLINARY COMMITTEE
DATED AT ACCRA, THIS 26^TH DAY OF JANUARY 2017

———-

IN THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL

ACCRA AD 2016

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

IN THE CONDUCT OF CHARLES YEBOAH ESQ.

MR. CHARLES YEBOAH

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

Grave 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, having acted as a lawyer for the Vendors from whom Mr. Mohammed Wolley intended to purchase their property in Osu, Accra, failed to abide by your undertaking to refund to Mr. Mohammed an amount of USD 1,000,000 being payment in advance made by Mr. Mohammed, towards the purchase of the said property.

COUNT 2

STATEMENT OF MISCONDUCT

Grave misconduct in a professional respect, contrary to Section 19 (3) of the Legal Profession Act, 1960 (Act 32).

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 without any justification.

DISCIPLINARY COMMITTEE
DATED AT ACCRA, THIS 26^TH DAY OF JANUARY 2017

At the Emergency Meeting of the General Legal Council held on 4^th January, 2017 the following decisions were taken by the Council.

• The Council decided that Supplementary Examinations should be held in March for all students referred.
• Students referred in one (1) or Two(2) subjects would be allowed to write the Supplementary Examinations.
• A student who fails in one or two subjects would be allowed to proceed to do the internship and then write the failed subjects later on.
• Referred students must register and make payment for the Supplementary Examinations.
• The fee for the Supplementary Examinations shall be GH750.00 per subject.
• The results of the Supplementary Examinations would be released within a reasonable time to enable those who passed to be called to the Bar.
• The Council also decided that there will be one call to the Bar in October 2017 and no mini call.
• The Council maintained its earlier decision that a student who failed three (3) or more subjects would be deemed to have failed the entire examinations and should re-write the entire examinations.
• The Council decided that in future examinations the Index numbers, Marks and Grades of students would be published.
• The Council decided that recollation or retallying of marks will be allowed as earlier decided by Council.
• The Council declined the request for remarking of scripts.
• The Council wishes to bring to the attention of all students of Ghana School of Law that by the Internal structure of the IEB/General Legal Council all scripts are remarked.
• The Council decided that the General Legal Council website should be activated and updated information uploaded.
• The Council also decided that Course Manuals should be prepared and copies given to students.

Sgd
JUSTICE ALEX B. POKU-ACHEAMPONG
SECRETARY, GENERAL LEGAL COUNCIL

NOTICE IS HEREBY GIVEN that Lawyer Hanson Kodwo Koduah is hereby suspended from legal practice for a period of three (3) years with effect from June, 2016.

The above –named person was formally charged under Rule 9(8) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 that he, while acting as counsel for Mrs. Grace Nana Ama Oparah represented to her that she was required to pay a filing fee in the sum of GH₵50,000.00 in the case intitled as Mrs. Grace Nana Ama Oparah v National Investment Bank & 2ORS (SUIT No. LMISC 1 /2014) at the High Court , Kumasi and succeeded in collecting from her the said amount when he knew or ought to have known that the statutory fee was GH₵748.00 to be paid to HFC Bank Ltd at the High Court Registry at Kumasi, but nevertheless failed to pay same to the said bank as practice requires.
During the period of suspension, he shall not hold himself out as a Legal Practitioner or attend Chambers, or render, or purport to render any professional legal service to any person whomsoever, wheresoever.

The licence of Mr. Hansen Kodwo Koduah to practice for the legal year is hereby withdrawn forthwith.

SGD
FOR: JUDICIAL SECRETARY AND SECRETARY TO THE GENERAL LEGAL COUNCIL
DATED THIS 9TH DAY OF JUNE, 2016