Lawyer challenges suspension by General Legal Council

A lawyer, Mr Charles Owusu Juanah, who was suspended for two years by the General Legal Council (GLC) for representing a company without its consent, has filed an appeal challenging his suspension.

On November 24, 2014, the GLC suspended Mr Juanah and Mr Kwame Amoako for breaching Rule 9 (4) of the Legal Profession (Professional Conduct and Etiquette), 1969 L.I. 613, for representing Kasapa Limited in a legal dispute although Kasapa had not authorised them to represent it.

The two lawyers were also found guilty of failing to seek the consent of the solicitors of Kasapa, Bentsi Enchill, Letsa & Ankomah, before representing the company, as stated in Rule 5 (6) (a) (b) of  L.I. 613.

The GLC also found the lawyers guilty of failing to appear before its disciplinary committee on June 9, 2016, in violation of Section 19 (3) of the Legal Professional Act, 19.

It, therefore, suspended the two lawyers for two years for breaching Rule 9 (4) and Rule 5 (6) (a) (b) of L.I. 613 and one year for violating Section 19 (3) of Act 19.

Both sentences will run concurrently.

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Appeal

However, lawyers for Mr Juanah, in the appeal, said the Disciplinary Committee of the GLC “erred in law” for suspending him.

They argued that the complainant in the case that led to his suspension, who was lawyer for Kasapa, had no capacity to file the complaint.

“The complainant and Kasapa failed to provide a power of attorney which meets the mandatory requirements of the Power of Attorney Act, 1998 (Act 549),’’ the appeal stated.

They further argued that the Disciplinary Committee of the GLC did not adhere to the right form of punishment when it suspended their client for one year on the charge of failing to appear before the committee as stated in Section 19 (3) of Act 19.

According to his legal team, the form of punishment for such an offence as prescribed by Section 19 (3) of Act 19 is 100 penalty units (GH¢ 1,200) and not a one-year suspension.

Mr Juanah is also challenging his suspension on the grounds that he did not file any legal process on behalf of Kasapa and, therefore, cannot be held liable for the first two charges.

Reliefs

The appeal, which is the first leg of an appeal process initiated by Mr Juanah, is on points of law and will be heard by the Court of Appeal after the GLC has given the green light.

After obtaining permission from the GLC, the suspended lawyer is expected to file more processes at the Court of Appeal to back his appeal.

He is seeking an order from the Court of Appeal to annul his suspension by the GLC and also an order for him to resume his practice as a lawyer.

Writer’s email: emma.hawkson@graphic.com.gh