Legal Practice Licensing Requirements

Summary

Lawyers in Ghana need an annual license to practice. Courts are divided on whether documents filed by unlicensed lawyers should be invalidated. The writer argues that documents should remain valid to avoid punishing clients for the lawyers oversight. A solicitor advises clients and represents them in lower courts, while a barrister specializes in advocacy in higher courts. Lawyers must prove their license if questioned, but not showing a license number doesnt automatically mean they arent licensed.

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“When the ghosts from the past stand in the path of justice, clanking their medieval chains, the proper course of the judge is to pass through them undeterred.” Lord Atkin in United Australia Limited v Barclays Bank Limited [*] A.C *" What does this mean in simple terms
Hi ****! This quote means that when a judge is faced with outdated or irrelevant past decisions or precedents, they should not let those past decisions prevent them from delivering justice in the present. The judge should focus on making a fair decision based on the current situation and laws.
Give a scenario to that effect
Hi ****. Here’s a scenario that illustrates the meaning of the quote:
Imagine a judge in Greater Accra Region is hearing a case about digital privacy rights. People are debating whether a *-year-old law about postal mail privacy applies to emails. The law is outdated and doesn’t consider modern digital communications. The judge decides to focus on current laws and the present context of digital privacy, rather than strictly adhering to the old law that doesn’t fit the current situation. This ensures a fair and relevant judgment is made based on today’s standards and needs.
"Justice Benjamin N Cardozo observed in the case of In Re Rouss[*] that, “Membership of the Bar is a privilege burdened with conditions.” The practice of law is highly regulated by legislation and guided by long held traditions of the Bar. One of such is the requirement of lawyers to have a license to practice the law for a particular year. The Legal Profession Act[*] provides that, apart from the Attorney-General[*] and officers of the Attorney-General’s Department, every lawyer must have an annual license to be able to practice his or her trade in Ghana. This all-important pre-requisite to practice law and the effect of not having same have engaged the minds of the courts in Ghana with varied positions on this subject. The general, dominant and current position of the law seems to be that, if a lawyer does not have the annual license to practice in a particular year, that lawyer cannot practice or represent clients before the courts, (it is uncertain the application of the effect of this requirement to non-litigation practitioners). The courts in Ghana seem unanimous on the fact that a lawyer without a valid annual solicitor’s licence is incapable of practice for that year. The point of divergence has been what happens to previous processes filed by unlicensed lawyers?Whether the processes are also invalidated or the processes filed can be saved despite the lawyer’s unlicenced status. While some judicial decisions invalidate such processes, others take a contrary view and argue that such processes must be saved. The Author herein intends to look at the various cases on this subject matter under Ghana law and review how their Lordships have treated same. Also, he examines whether the application of the requirement of solicitor’s licence is discriminatory against litigation practitioners, discusses whether the application of same works injustice and argues that the proper position of the law ought to be that while the lawyer cannot practice without a valid annual solicitor’s licence, the previous processes filed by such an aberrant lawyer, in the interest of justice, must not be invalidated, because after all, the sins of a lawyer cannot be visited on the clients as said in several cases including without limitation the case of Aryeetey v SSNIT.[*]" What is the write trying to say?
Hi ****! The writer is discussing the requirement for lawyers in Ghana to have an annual license to practice law. They highlight that courts are divided on whether legal documents filed by unlicensed lawyers should be invalidated. The writer argues that, for the sake of justice, such documents should remain valid to avoid punishing the clients for the lawyer's oversight.
Give me a scenario of what the writer is trying to say
Hi ****. Here’s a scenario that illustrates the writer's point:
Imagine a lawyer in Greater Accra Region forgets to renew their annual practice license for the year. Despite this, the lawyer continues representing clients and files several court documents. One of these cases is about to be judged, and the opposing party argues that all documents filed by the unlicensed lawyer should be invalidated. The judge must decide whether to invalidate the documents, which would negatively affect the lawyer's clients who were unaware of the licensing issue. To ensure justice, the judge decides that the documents should remain valid, as the clients should not suffer for the lawyer's mistake.
Who is a solicitor and their duty?
Hi ****! A solicitor is a type of lawyer who advises clients on legal matters and represents them in lower courts. Their duties include:
- Providing legal advice
- Drafting legal documents
- Representing clients in negotiations
- Preparing cases for barristers to present in higher courts
Do you have a specific legal matter you need help with?
What is the distinction between a barrister and a soliciter
Hi ****! Here are the distinctions between a barrister and a solicitor:
- **Barrister**:
- Specializes in advocacy and representing clients in higher courts.
- Provides specialist legal opinions.
- Often works on referrals from solicitors.
- **Solicitor**:
- Provides legal advice and handles legal matters directly with clients.
- Represents clients in lower courts.
- Drafts legal documents and prepares cases for barristers.
Do you need more information on a specific legal matter?
"The above provision is to the effect that, without a valid practicing licence for a particular year, a lawyer is not entitled to practice law for the particular year. To show that one is licenced to practice for the year, lawyers usually disclose their practicing or solicitors licence numbers on processes they file in the court and in the event that an issue or a challenge is raised as to whether the lawyer does not have the licence, the onus falls on the person challenged to produce or provide positive evidence that he or she has obtained the licence for that particular year and is therefore entitled to so practice. Failure to disclose the Licence Number on processes itself does not mean one does not have the licence to practice. It may at worst raise a rebuttable presumption. If challenged and positively proved, entitles the lawyer to practice for the year in question." explain it in simple terms the writer's assertion
Hi ****! The writer is saying that:
- A lawyer must have a valid license to practice each year.
- Lawyers show they are licensed by including their license number on court documents.
- If someone questions a lawyer’s license, the lawyer must prove they are licensed.
- Not showing the license number doesn’t automatically mean the lawyer isn’t licensed, but it could raise questions.
- If the lawyer proves they have the license, they can continue practicing for that year.
Do you have any other questions related to this?