Are you looking into the new Bar Association and the Law Society of Ghana?

The legal profession remains a highly distinguished and enviable profession. The profession is made up of lawyers who are law experts and are generally engaged in rendering legal advice, drafting deeds, and representing clients in Court and other fora.

Lawyers work in a diverse range of settings including private practice, government service, private entities, educational institutions, Judiciary, and administrative tribunals.

Just like other professionals, lawyers in Ghana are organized under a professional association called the Ghana Bar Association (GBA). GBA has been in existence since the introduction of professional legal practice in the country.

Interestingly, a new law association has been birthed. This new association is christened the Law Society of Ghana (LSG). 

The formation of LSG has generated a lot of public discussions. Hence, the writers deem it necessary to contribute to this public discourse.

RIGHT TO FORM OR JOIN PROFESSIONAL ASSOCIATION

All persons in Ghana are entitled to form or join any legitimate association of their choice for the protection of their interests. This right includes the right not to form or join an association. This right is guaranteed under Article 21(1)(e) of the 1992 Constitution.

This provision reads “All persons shall have the right to – freedom of association, which shall include freedom to form or join trade unions or other associations, national and international, for the protection of their interest.”

GHANA BAR ASSOCIATION

In the exercise of their constitutional right of association. Lawyers in Ghana belong to the Ghana Bar Association (GBA). This Association is believed to have been established somewhere in 1877 when professional legal practice started in Ghana as a result of the establishment of the Supreme Court of Judicature for the then Gold Coast Colony in 1876.

The Association started with few Lawyers but has grown in membership over the years to over 7,000 Lawyers currently.

Since its establishment, GBA has taken steps to protect the personal and professional interests of its members and ensure their professional growth and development.

Apart from this GBA has endeared itself as a defender of the rights and liberties of the Ghanaian people and equipped its members to deliver quality professional services to the Ghanaian and foreign clientele. The Association has representatives on several public boards and corporations.

THE NEW BAR ASSOCIATION – LAW SOCIETY OF GHANA (LSG)

A new bar association has been established in Ghana in addition to GBA. This new association is the Law Society of Ghana (LSG). It was established on 28th February 2022 as a company limited by guarantee under the Companies Act, 2019 (Act 992), with registration number CG012690222. 

It is to be noted that LSG is not the first bar association to be established besides GBA. The first was the Bar Association of Ghana (BAG) which was established by Mr. Thomas Nuako Ward Brew. BAG appears to be inactive now.

IS THE FORMATION OF LSG A HEALTHY DEVELOPMENT?

The writers take the view that the formation of the LSG is a positive development. It is an expression of the right of all Ghanaians to form or join associations of their choice. It will create healthy competition and offer a viable alternative to lawyers in Ghana.

For this reason, the Lawyers behind the formation of LSG should not be seen as creating a bar association to compete with GBA. Rather, they should be seen as a group of lawyers who feel that their professional interests could be better protected. 

Despite the above, the writers foresee a difficulty in the selection of persons from the two bar associations to represent Lawyers on public boards and corporations. We, however, trust that the leadership of the Associations will reach an amicable solution in dealing with this potential challenge.

Law Society of Ghana Conclusion

The writers welcome the formation of LSG. We believe that the formation of LSG reflects the plurality of associations contemplated under 21(1)(e) of the 1992 Constitution to offer Lawyers in Ghana viable professional associations of choice.

The formation of LSG is also expected to create healthy competition between the two associations. They will deal with thorny issues confronting Lawyers including low remuneration for junior lawyers.

Authors:

Benjamin Tachie Antiedu, Lawyer & Author

Goodnuff Appiah Larbi, Law Student & Legal Researcher