Category Archives: Notices

SUMMONS: Lawyer Patricia Asaam

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IN THE DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL

SUMMONS

Whereas on 28th June, 2018 the Disciplinary Committee of the General Legal Council at its meeting directed that Lawyer Patricia Asaam should appear before it on 26th July, 2018 in respect of a complaint made against her by Mr. Anthony P. Quashie, and having failed to appear, 

Whereas the Committee again ordered that Lawyer Patricia Asaam should appear before it on 25th October, 2018 and 28th November, 2018 having failed again to comply with the above directives,                                                                        

Notice is hereby given that Lawyer Patricia Asaam should appear before the Disciplinary Committee on 31st January, 2019 at 1:00pm at the Secretariat of the General Legal Council at the Ghana School of Law, Accra. 

Failure to do so, the Committee will proceed to hear the case on the basis of the evidence before it. 

Given under my hand. 

        Sgd.
Ag. Secretary, Disciplinary Committee
Dated at Accra the 28th November, 2018

 

 

Letter of Reprimand: Re: Vertex Legal Protection Limited, Conduct of Elorm Ahiati Esq.

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Elorm Ahiati Esq.
43rd Independent Avenue
Ridge-Accra

 

Letter of Reprimand:
Re:  Vertex Legal Protection Limited
Conduct  of Elorm Ahiati Esq.

The Disciplinary Committee of the General Legal Council (“the Committee”), at its meeting held on 22nd March 2018, after a preliminary enquiry at which you were present, decided that you must be reprimanded for your conduct in this matter to wit:

As a lawyer, you failed to adhere to Rule 2(5) and Rule 8 of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 which prohibits the solicitation for legal work and the sharing of legal fees with non-lawyers.

By being engaged in the establishment of Vertex Legal Protection, a limited liability company which is not a law firm, but charges legal fees upfront and purports to negotiate with lawyers regarding their legal fees for services rendered to their clients, you contravened Rule 2(5) of L.I. 613.The Committee has noted your subsequent resignation as a shareholder director of the Company.

By this letter, you are hereby reprimanded for your unacceptable conduct and warned to be more circumspect as a lawyer. The Council will not endorse any such professional misconduct from you in the future.

Please note that this letter will be published on the Council’s website after delivery to you.

SIGNED
HIS LORDSHIP JUSTICE WILLIAM ATUGUBA
CHAIRPERSON, DISCIPLINARY COMMITTEE
GENERAL LEGAL COUNCIL

cc: Her Ladyship Justice Sophia A.B. Akuffo,
Chief Justice of the Republic of Ghana

Letter of Reprimand: Re: Vertex Legal Protection Limited, Conduct Of Gasper Lyle Nii-Amponsah Esq

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Gasper Lyle Nii-Aponsah Esq.
P.O. Box MP 3026
Mamprobi-Accra

 

Letter of Reprimand:
Re:  Vertex Legal Protection Limited
Conduct Of Gasper Lyle Nii-Amponsah Esq.

The Disciplinary Committee of the General Legal Council (“the Committee”), at its meeting held on 22nd March 2018, after a preliminary enquiry at which you were present, decided that you must be reprimanded for your conduct in this matter to wit:

As a lawyer, you failed to adhere to Rule 2(5) and Rule 8 of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 which prohibits the solicitation for legal work and the sharing of legal fees with non-lawyers.

By being engaged in the establishment of Vertex Legal Protection, a limited liability company which is not a law firm, but charges legal fees upfront and purports to negotiate with the company’s assigned lawyers regarding their legal fees for services rendered to their clients, you contravened Rule 2(5) of L.I. 613.The Committee has noted your subsequent resignation as a shareholder director of the Company.

By this letter, you are hereby reprimanded for your unacceptable conduct and warned to be more circumspect as a lawyer. The Council will not endorse any such professional misconduct from you in the future.

Please note that this letter will be published on the Council’s website after delivery to you.

SIGNED
HIS LORDSHIP JUSTICE WILLIAM ATUGUBA
CHAIRPERSON, DISCIPLINARY COMMITTEE
GENERAL LEGAL COUNCIL

cc: Her Ladyship Justice Sophia A.B. Akuffo,
Chief Justice of the Republic of Ghana

Severe Letter of Reprimand Re: Ricasbed Ghana Limited Vrs. Forestry Commission Conduct of Mr. Kwasi Adu-Mante Esq.

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Mr. Kwasi Adu-Mante
K-San Law Firm
C125, Subukwe close
Adabraka-Accra

Severe Letter of Reprimand
Re: Ricasbed Ghana Limited Vrs. Forestry Commission Conduct of Mr. Kwasi Adu-Mante Esq.

I refer to the above subject matter.

The Disciplinary Committee of the General Legal Council (the “Council’) at its meeting held on 22nd February 2018, after a preliminary inquiry at which you were present, decided that you must be reprimanded for your conduct in this matter, to wit:

As a lawyer, you blatantly disregarded the order of the Court of Appeal that the sum of GHC873,560.17 should be paid into an interest yielding account pending the final determination of the appeal. You obtained the release of the said amount of money without the notice of the parties to the suit and being fully aware that the said amount was the subject matter of a pending appeal. You also failed to bring to the notice of the trial Judge the orders of the Court of Appeal in relation to the sum of GHC873,560.17, and thereby proceeded to mislead the Court for the release of the money.

Furthermore, you failed to obey the order of the Supreme Court dated 7th February, 2017 for the sum of GHC873,560.17 to be paid into court by 21st February, 2017 and by which non-compliance you failed to uphold the dignity and high standing of your profession and your own dignity and high standing as a member of the bar.

In arriving at the decision to reprimand you , the Council considered your plea of guilty to all the three charges preferred against you under Rules 9 (4) and 2 (2) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 and your show of deep remorse throughout the preliminary proceedings

By this letter, you are hereby severely reprimanded for your unacceptable conduct. The Council will not approve of any such professional misconduct from you in the future.

Please note that this letter will be published on the Council’s website, after delivery to you.

 SIGNED
HIS LORDSHIP JUSTICE WILLIAM ATUGUBA
CHAIRPERSON, DISCIPLINARY COMMITTEE
GENERAL LEGAL COUNCIL

 cc: Her Ladyship Justice Sophia A. B. Akuffo,
Chief Justice of the Republic of Ghana.

General Legal Council : Piracy of Law Text Books

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The General Legal Council (the “Council”) has been receiving complaints regarding the increasing patronage and proliferation of pirated law text books on the Ghanaian market. The Council is particularly concerned as the text books involved are authored by Ghanaian lawyers, judges and academics and their original versions are widely available on the Ghanaian market. There is therefore no justification for the piracy of these books.

The Council therefore wishes to bring to the attention of lawyers, law students, the entire legal community and the general public that the piracy of any text book constitutes an offence under sections 42 and 43 of the Copyright Act, 2005 (Act 690). In January 2018 an arrest was affected on the campus of the Kwame Nkrumah University of Science & Technology (KNUST), Kumasi. The offender has since been prosecuted, convicted and sentenced.

Lawyers, law students, the entire legal community and the general public are advised to desist from any form of involvement in such criminal activity including patronage of such books as under Rule 9 of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (LI 613), criminal convictions for such offence may result in disbarment or disqualification from a call to the bar as the case may be.

The Council wishes to advise members of the legal profession to patronise and rely solely on the original versions of widely available Ghanaian law text books in order to avoid any form of complicity in a criminal offence, particularly, one which deprives industrious members of our profession of the fruits of their labour and discourages the much needed publication of scholarly works required for the advancement of the legal profession and the law in Ghana.

SIGNED
JUSTICE ALEX B. POKU-ACHEAMPONG
SECRETARY, GENERAL LEGAL COUNCIL
MARCH 13, 2018

Cases Before The Disciplinary Committee On 22nd February, 2018 For Preliminary Inquiry

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1. Complaint of Nana Akua Mansa
2. Complaint of Asafo Asamoah
3. Complaint of Francis Acquaye
4. Complaint of Dr. F.L. Wang
5. Complaint of Madam Mary Mensah
6. Complaint of Nana Asante
7. Conduct of Lawyer Kwesi Adu Mante
8. Complaint of Madam Gertrude Gyamfuaa Ofosu Barko against Lawyer F.K. Yeboah
9. Complaint of Erasmus M. Commodore against Lawyer Robert K.Tay
10. Complaint of Mr. Christian Adu Ago against Lawyer Ben Annan
11. Complaint of Mr. Kwadwo Abora against Mr. Hansen Koduah
12. Complaint of Nana Opoku Fosu Gyeabour against Lawyer Nana Obiri Boahen
13. Complaint of Madam Victoria Okpoti against Lawyer Daniel Robert Ofei
14. Complaint of Mr. Amos Asante against Lawyer Frank Agyen
15. Complaint of Madam Henrietta Okyere against Lawyer Juliana Addo Yobo
16. Complaint of Ilyasu Adamu against Lawyer Frederick Prince Ashie Neequaye
17. Complaint of Madam Rebecca Ashong Katai against Lawyer Frederick Prince Ashie Neequaye
18. Complaint of Madam Rosie Ebe-Arthur against Lawyer Frederick Prince Ashie Neequaye
19. Complaint of Madam Agnes Ameley Tagoe against Lawyer Frederick Prince Ashie Neequaye
20. Complaint of Mr. Yaw Kusi against Lawyer Frederick Prince Ashie Neequaye
21. Complaint of Mr. Joseph Adjei –Kusi against Lawyer Frederick Prince Ashie Neequaye

Cases Before the Disciplinary Committee on 25th January, 2018

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1. RE: SUSPENSION OF HANSEN KWADWO KODUAH

2. RE: SUSPENSION OF MR. CHARLES OWUSU JUANAH

3. CONDUCT OF MR. FRANCIS SOSU

4. CONDUCT OF LAWYER ISAAC KANKAM

5. LAWYER ROGER ARYEE , IN THE MATTER OF A COMPLAINT BY MR. KOSI MINIME GBOGLA

6. LAWYER CHRIS ACKUMMEY , IN THE MATTER OF A COMPLAINT BY MADAM MARGARET ARTISO

7. LAWYER KOBINA FOSU, IN THE MATTER OF A COMPLAINT BY MR. EMMANUEL BOTCHWAY

8. LAWYER KOBINA DARKO ASIEDU , IN THE MATTER OF A COMPLAINT BY MADAM MANA DABLAKAR

9. CONDUCT OF LAWYER KWASI ADU MANTE

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

 

Suspension of Lawyer Kwame Amoako from Legal Practice

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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 24TH  DAY OF NOVEMBER, 2017 

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