Pro Bono Practice and Opportunities in Ghana

The laws/rules that regulate the provision of legal services in Ghana are as follows:

• The Legal Profession Act, 1960 (Act 32) as amended
• The Legal Profession (Professional Conduct and Etiquettes) Rules, 2020 (L.I. 2423)
• The Constitution, Code of Ethics, and Regulations of the Ghana Bar Association (“GBA”)
• Licensing Requirements

To qualify and practice as a lawyer in Ghana, a person must:

• hold a qualifying certificate in law from the Ghana School of Law;^[3]
• be enrolled and called to the Ghana Bar;^[4] and have a valid Solicitor’s Licence.^[5]

Please note that in Ghana there is no distinction between a barrister and a solicitor. Thus, the Solicitor’s Licence covers both barristers and solicitors.^[6]

For foreign-trained lawyers to practice law in Ghana, they must:

• complete a “Post-Call” Law Course at the Ghana School of Law;^[7]
• be enrolled and called to the Ghana Bar;^[8] and
• have a valid Solicitor’s Licence.^[9]

Please note that the same licensing requirements are applicable to in-house counsel.

There are no rules that specifically regulate the provision of pro bono legal services in Ghana, and thus the same rules that govern the provision of normal (i.e. paid) legal services in Ghana apply equally to the provision of legal services on a pro bono basis.

Lawyers do not need a license to provide pro bono legal services (beyond usual local qualification to practice law).The usual local qualification to practice law is all that is necessary to provide pro bono legal services.

Foreign-qualified lawyers do not need an additional license to provide pro bono services beyond their foreign qualification to practice law.

In addition to their foreign qualification, foreign-qualified lawyers need to:undertake a “Post-Call” Law course at the Ghana School of Law;be called to the Ghana Bar; and have a Solicitor’s Licence to practice law in Ghana.^[10]

No. Lawyers in Ghana are not required to work a minimum number of pro bono hours.

No. There is no requirement for aspiring lawyers in Ghana to complete a minimum number of hours of pro bono legal services to become licensed lawyers.

No. Despite lawyers being encouraged ^[11] to provide pro bono legal services, no aspirational pro bono hours targets have been set by any association or body in Ghana.

No. Lawyers do not receive any “Continuing Legal Education” (CLE) or equivalent credit for pro bono hours worked.

No. Lawyers do not need professional indemnity legal insurance cover for pro bono legal services they provide.

However, where the pro bono legal services are performed as part of the lawyer’s duties as an employee, Ghanaian law places an obligation on the lawyer’s employer to insure and maintain insurance under any qualifying professional indemnity insurance contract with a licensed insurer for the lawyer.^[12]

Advertisement

Yes. Under Ghanaian law, a lawyer or law firm is prohibited from publishing a statement about the success rate of that lawyer or firm ^[13] and the law does not make a distinction between pro bono cases or otherwise.

Solicitation

No. Generally, under Ghanaian law, a lawyer is prohibited from soliciting for professional employment from a prospective client either personally or through other means of communication^[14].

However, the prohibition is applicable if the motive for the solicitation is the pecuniary or financial gain of the lawyer or the law firm.^[15]

Thus, lawyers in Ghana may solicit new pro bono clients if the motive for such solicitation is not financial or pecuniary.

As has been acknowledged by the government in Ghana, indigenes or the less privileged in society are usually the beneficiaries in terms of legal services.^[16]

The main areas of law within which the named beneficiaries usually require pro bono legal services are as follows:

• Human rights issues
• Criminal trials
• Immovable property disputes
• Probate and administration matters
• Labour disputes
• Family law matters
• Tenancy disputes

The main providers of pro bono legal services in Ghana are as follows:

• The Legal Aid Commission
• NGOs such as the Human Rights Advocacy Centre,^[17] and The Fair Justice Initiative^[18]
• Private law firms
• Private legal practitioners

Generally, every innovative technology and/or artificial intelligence being used in the wider legal landscape of Ghana directly or indirectly benefits the provision of pro bono legal services in Ghana.

The below are some ways in which technology/ artificial intelligence is being used as part of pro bono cases or matters.

1. Certain NGOs involved in pro bono work are leveraging technology to create awareness of the plight of inmates or other victims of injustice.^[19] This enables more people (whether lawyers or non-lawyers) to volunteer their services and help in the fight against injustice.
2. The advent of legal tech applications like Judy Legal ^[20] and Dennislaw ^[21] make it easy for non-lawyers to volunteer and assist the relatively few organizations or lawyers engaged in pro bono services. This lessens the burden on the few lawyers providing pro bono legal services since the non-lawyers have access to legal knowledge and resources and thus, can better assist the legal professionals.

The Legal Aid Commission

The Legal Aid Commission was established in 2018 under the Legal Aid Commission Act, 2018 (Act 977) to provide legal aid mainly to indigents.^[22]

The Ghanaian Courts

Under Ghanaian law,^[23] the courts may assign a lawyer by way of legal aid to a party who is financially unable to obtain the services of a lawyer. This may not necessarily be pro bono work for the lawyer because the law stipulates that such lawyers are to be paid fees out of the Ghanaian government’s Consolidated Fund.^[24]

Notwithstanding the above, Rule 26 of the Code of Ethics of the Ghana Bar Association (GBA) imposes a duty on lawyers to take on court-assigned cases for no fee/reward if need be, and to nevertheless use their best efforts in respect of such cases. Please, note that the Code of Ethics of the GBA is not binding as law.

The Human Rights Advocacy Centre (“HRAC”) – Pro Bono Lawyer Network (“PBLN”)^[25]

The Pro Bono Lawyer Network was established by HRAC in December 2010 to provide free legal assistance to the vulnerable in Ghanaian communities whose rights to access justice are limited because they cannot afford legal fees.

The PBLN takes on a wide variety of cases ranging from the defense of the rights of women and children in divorce to the negotiation of the release of remand prisoners who have been imprisoned illegally.

The Fair Justice Initiative (FJI)^[26]

The Fair Justice Initiative (FJI) is a Ghanaian non-governmental organization (NGO) working primarily with inmates of Nsawam Medium Security Prison. Its mission is to combat discrimination and prejudice against current and former inmates, ensure equal access to effective legal representation, and improve the conditions of confinement in Ghanaian prisons.

Legal Resources Centre ^[27]

Legal Resources Centre is a non-governmental organization with significant community-based grassroot initiatives. The Centre works toward the promotion and protection of the rights to Health, Education, Housing, Work, and Criminal/Civil justice.

One of the ways by which it does this is through legal aid services.

HelpLaw Ghana ^[28]

HelpLaw Ghana was established to provide free legal and related services to as many poor and indigent accused persons who the charity can raise resources to support from their arrest to their trials.

Center for Public Interest Law (CEPIL) ^[29]

The Center for Public Interest Law (CEPIL) was founded in 1999 as a non-partisan, not-for-profit, non-governmental organization (NGO) with the primary aim of making the pursuit of justice accessible and affordable to poor and marginalized communities and individuals. It runs a number of programs in this regard including, but not limited to, advocating for certain changes in Ghanaian legislation to ensure the public interest is best served and providing legal aid to ensure access to justice to those individuals who are not able to afford lawyers themselves.

Ghana does not have a nationwide pro bono legal system with which local and foreign lawyers can register in order to receive news about pro bono opportunities.

Notwithstanding, several of the institutions referred to at 1 above (both public and private) would be happy to receive requests from lawyers to provide pro bono legal assistance with their institutions.

Prospective volunteer lawyers may contact them as follows:

• Legal Aid [email protected]+233 (0) 302 975 749
• The Human Rights Advocacy Centre (“HRAC”) – Pro Bono Lawyer Network (“PBLN”)+233 302 768 733+233 264 214 018
• The Fair Justice Initiative (FJI)[email protected]+233 598 972 463
• Legal Resources [email protected]+233 302 766 756
• Centre for Public Interest Law (“CEPIL”)[email protected]+233 (0) 302 543 580

There are no awards or rankings specifically targeted to pro bono work in Ghana. Pro bono organizations or lawyers that have won awards have won such awards in broad categories such as “activism”.