Ethics

IN exercise of the power conferred on the General Legal Council by sections 23 and 53 of the Legal Profession Act, 1960 (Act 32) and with the approval of the Minister responsible for Justice, these Rules are made this 1st day of October, 2020. General Provisions Interpretation of these Rules 1. These Rules shall be interpreted in a manner that recognises that (a) a lawyer has a duty in the practice of law to discharge the responsibilities of the lawyer to a client, the Court, the public, and any other lawyer honourably and with integrity; (b) a lawyer has a special responsibility by virtue of the privileges afforded the legal profession and the important role the profession plays in a free and democratic society and in the administration of justice, including a special responsibility to recognise the diversity of the Ghanaian community, to protect the dignity of individuals, and to respect human rights laws in force in the country; and (c) it is the duty of a lawyer at all times to uphold the dignity and standing of the legal profession. Lawyer in practice 2. (1) A lawyer in practice is a lawyer (a) who is entitled to practise and who represents that that lawyer is ready to practise; (b) who is employed in a whole-time occupation where the lawyer performs legal duties; (c) whose regular occupation is that of an editor or reporter of a series of law reports entirely written and edited by lawyers for use by the legal profession; (d) who, by the terms of employment of that lawyer, is obliged to offer legal advice; or (e) who is engaged in the teaching of law. (2) A lawyer in practice shall not (a) be a managing director or executive chairperson of a company; (b) be an active partner in any business other than law practice; or (c) carry on a profession or business which conflicts or involves a risk of conflict with the duties of the lawyer as a lawyer in practice. (3) Where there is a doubt as to whether a profession or business conflicts or involves a risk of conflict with the duties of a person as a lawyer in practice, the Council may give a ruling on an application made to the Council in writing by the lawyer or any other person. (4) A lawyer who is not in practice under subrule (1) shall, if employed as a lawyer, file with the Council a copy of the terms of the employment. Name plates and professional stationery 3. (1) A lawyer shall not permit (a) to appear on the name plate of that lawyer, or (b) to be printed on the professional stationery of that lawyer the name of a person other than a lawyer who (c) holds a valid licence or other authorisation prescribed by law to be obtained before the carrying on of the practice of a lawyer or of a part of the practice of a lawyer; or (d) has duly complied with the requirements of a law that requires registration by a lawyer before carrying on the practice of a lawyer. (2) A lawyer or a law firm shall not use the name of a lawyer who holds public office in the name of the law firm or in communications on behalf of the law firm or professional stationery of the lawyer or firm during the period in which that lawyer is not actively and regularly practising with the firm. (3) Subrule (1) does not apply to (a) the appearance in the style or name of a practice of the name of a predecessor or former partner in that practice; (b) the use of a style or firm name in use at the date of the coming into force of these Rules; or (c) the use of a style or firm name approved in writing by the Council. (4) The professional stationery of a lawyer shall include (a) the name of the law firm; (b) the names of the owners or partners of the law firm; (c) the address of the registered office of the law firm; (d) the digital address of the law firm; (e) the electronic mail address of the law firm; and (f) the telephone numbers of the law firm. (5) A lawyer shall not (a) indicate on the professional stationery of that lawyer any client review and approval ratings; (b) provide professional stationery to a client; (c) misrepresent the status of incorporation of the law firm on the professional stationery; or (d) use the name of a lawyer who has been disbarred on the professional stationery of that lawyer. Naming of chambers, naming of law firms and pupillage 4. (1) A chambers shall be (a) approved by the Council, and (b) registered with the Council. (2) The Council may, from time to time, publish the requirements for approval of a chambers by the Council in media including (a) the Gazette; (b) the website of the Council; and (c) the website of the Ghana Bar Association. (3) The Council shall not grant approval for the name of a chambers if the name is (a) misleading or detracts from the dignity of the legal profession; or (b) similar to the name of an existing chambers or entity. (4) The head of a chambers who intends to change the name of that chambers shall, submit an application in writing to the Council for approval of the change of name. (5) The head of a chambers shall state the name of that chambers in the English language. (6) Despite subrule (5), the head of the chambers may with the approval in writing of the Council, state the name of that chambers in any of the local languages spoken in this country. (7) Where a chambers has offices in more than one jurisdiction, the head of the chambers may use the same name or other professional designation for the chambers in each jurisdiction where that chambers has an office. (8) Despite