From classroom to chambers: Price young lawyers pay to practise
After years of rigorous study, countless sleepless nights and the euphoria of being called to the Bar, one would expect the journey of a newly qualified lawyer in Ghana to bring relief or stability.
But for many, the call is only the beginning of another demanding chapter: pupillage.
This mandatory six-month training with a senior lawyer, meant to equip new entrants with the practical skills needed to become competent lawyers, often comes with the harsh reality of unpaid work.
While some chambers offer modest stipends, many provide no financial support, leaving young lawyers to navigate professional demands without a financial cushion.
The question then is simple: must pupils-at-law be paid? And if not, how does this measure with Ghana’s broader legal framework on training, labour and fair treatment?
Pupillage
The requirement of pupillage is rooted in the Legal Profession Act, 1960 (Act 32) and the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423). Under Section 8(3) and (4) of Act 32, a newly qualified lawyer is not entitled to a solicitor’s licence unless they have read for at least six (6) months in the chambers of a lawyer with no less than seven (7) years’ standing, approved by the General Legal Council (GLC).
Similarly, Rule 4(15) of L.I. 2423 provides: “A lawyer shall not receive a pupil into the chambers of that lawyer unless the lawyer has been in practice for a period of not less than seven years and has notified the Council in writing of the proposed pupillage.”
These provisions make pupillage a mandatory professional apprenticeship and an essential step before one can practise as a lawyer, whether independently or within a law firm. The supervising lawyer is referred to as the principal lawyer. However, both laws are silent on whether a pupil must be paid.
Where law silent
Since neither Act 32 nor L.I. 2423 mentions remuneration, the question arises as to whether the pupil-principal lawyer relationship qualifies as employment under Ghana’s Labour Act, 2003 (Act 651). Section 175 of the Labour Act defines a worker as:
“A person employed under a contract of employment, whether on a continuous, part-time or temporary basis, to perform work for pay or reward.”
It might be tempting to regard the pupil as a worker since pupils often perform tasks similar to employed lawyers, including drafting documents, conducting legal research and attending court.
However, since no employment relationship is created, pupillage fits less comfortably within the employment law and more appropriately within the concept of apprenticeship.
Pupillage, apprenticeship
Pupillage resembles an apprenticeship. Ghanaian law recognises apprenticeship under the Children’s Act, 1998 (Act 560), particularly Sections 97 to 102.
However, Act 560 applies to child apprentices in the informal sector.
Section 98 sets the minimum age for apprenticeship at fifteen years or after completion of basic education, and Section 100 allows for a modest allowance of not less than half the national minimum daily wage.
This framework, while comprehensive, is designed for juvenile apprenticeships in trades, not for adult professional training such as pupillage.
Consequently, pupillage occupies a regulatory vacuum: it is training, but not employment; apprenticeship, but not one contemplated under Act 560.
Many pupils perform substantial work, such as drafting pleadings, conducting legal research, attending court and assisting in client matters. These tasks contribute directly to the productivity of their principals’ chambers.
Yet, because the primary purpose is mentorship rather than profit, and no express employment contract exists, chambers are not legally bound to pay pupils.
Other jurisdictions
Other common law jurisdictions have grappled with similar issues and reformed accordingly.
In the United Kingdom, the Bar Standards Board mandates a minimum award for all pupil barristers, recognising that training must not come at the expense of basic livelihood.
In Nigeria, debates within the Nigerian Bar Association have prompted calls for compulsory stipends for pupils.
Ghana’s legal profession, steeped in the same common law traditions, could follow suit.
A structured stipend system, supervised by the General Legal Council, could ensure that pupils are not exploited, while preserving the mentorship character of pupillage.
The writer is a law student & legal writer,
University of Professional Studies, Accra.
E-mail: sarkodiem669@gmail.com
