Crime & Punishment of Friday, 6 October 2006

Source: GNA

Good character, criteria for assessing suitability of lawyer - CJ

Accra, Oct. 6, GNA - Good character is one of the criteria for judging or assessing the suitability of a person to be enrolled as a lawyer, Mr George Kingsley Acquah, Chief Justice, said on Friday. He explained: "Passing the examination is one thing, whether the person's character justifies his enrolment is another."

The Chief Justice made the point when he addressed a colourful ceremony of "Enrolment and Call to the Bar" for 127 newly qualified lawyers at the fore-court of the Ghana School of Law (GSL) in Accra. The GSL was established in 1958, shortly after independence with the vision to make it a centre of excellence for professional legal training and research. The School at present is non-residential. The GSL could boast of Mr Justice Acquah as the first trained lawyer by the School to become a Chief Justice of Ghana. Mr Justice Acquah noted that the legal professional Act 32 of 1960 clearly laid down that the person to be enrolled must be of good character.

"Please do not, therefore, take it for granted that because the General Legal Council; (GLC) has not alerted the security agencies to investigate your character, you are immune from any future disciplinary action," he said.

He cautioned: "If you behave contrary to the precepts of the profession, the Disciplinary Committee of the GLC will deal with your alleged misbehaviour and may suspend you from practice or disbar you." The CJ reminded the new lawyers that the procurement of a practising licence, was a mandatory statutory requirement and without it one did not have the right to practise in any of the courts as a lawyer.

Mr Justice Acquah, quoting Section 8 (2) (a) of the Legal Profession (Amendment) Decree 1967 (NLCD 143) which enjoined every newly enrolled lawyer to serve a six month pulpilage in a law chamber of a senior lawyer, remarked, "here, you are expected to be conversant with the practise of the law and to acquire some experience in the management of law chambers".

He said: "Let me also draw your attention to Section 6 of the Legal Profession (Profession, Conduct and Etiquette) Rules 1969 (LI 613), which directs you as lawyers to keep proper books in your dealings with your clients."

The CJ explained that this would mean an account that would indicate the receipts and disbursements of moneys on behalf of each client and which should be held separate and distinct from their personal accounts.

"The legal profession has always been described as a noble one, implying that its members maintain a very high standard of integrity and nobility in society," he said.

Miss Dzidzo Abra Amoa was adjudged as the best student of the year. She collected 10 certificates and other parcels for the Sarbah Memorial and Cecilia Koranteng-Addow Memorial prizes.

She was also the best all round performed student in both parts one and two of the Professional Law Examinations.

She also collected prizes for Advocacy and Legal Ethics; Family Law and Practice, Conveyancing and Drafting and Criminal Procedure. Out of the 127 lawyers 40 were females.

Those present included the Minister of Justice and Attorney-General, Mr Joe Ghartey, Parliamentarians and Members of the General Legal Council.