Ghana High Court: Counsel Must Be Available During Legal Vacation

• Ghana's legal vacation is designed to provide a break for judges, lawyers, and judicial staff.
• Vacation Courts may still sit to deal with urgent matters during this period, but trials are generally avoided if counsel would be absent.
• The Ghana Bar Association has urged Chief Justice Paul Baffoe-Bonnie to ensure that judges adhere to established rules and traditions governing the legal vacation.
• Lawyers should advise clients that court proceedings cannot proceed if they have indicated their unavailability during the legal vacation.

Ghana's legal vacation is designed to provide a break for judges, lawyers, and judicial staff from the demanding court calendar. However, Vacation Courts may still sit to deal with urgent matters during this period. Despite this flexibility, the longstanding practice is for these courts to refrain from conducting trials where counsel would be absent. This approach ensures that lawyers can participate effectively in proceedings without undue pressure or stress.

The Ghana Bar Association (GBA) has recently highlighted the importance of upholding these rules and traditions governing the legal vacation. In a letter to Chief Justice Paul Baffoe-Bonnie, the GBA emphasized that counsel should not be compelled to appear before Vacation Courts if they have indicated their unavailability.

The GBA's intervention follows complaints from three law firms regarding notices directing their lawyers to appear before judges during the current legal vacation. These directives, according to the GBA, undermine the purpose of the legal vacation and depart from established judicial practice. The association has urged the Chief Justice to take steps to ensure that judges adhere to the established rules and traditions governing the legal vacation.

The GBA's concerns are centered around preserving the integrity of the legal vacation and promoting effective participation in the administration of justice. By respecting the established practices, lawyers can rest during the period while still being able to participate effectively when required.

Lawyers should advise their clients that if they have indicated their unavailability to appear during the legal vacation, court proceedings cannot proceed. Matters may need to be adjourned in such cases. This is because counsel are not under any compulsion to appear before a Vacation Court, especially when they have notified the court of their inability to attend.

The GBA's stance highlights the importance of clear communication between lawyers and clients regarding their availability during the legal vacation. By understanding these rules and traditions, lawyers can better advise their clients on how to navigate the complexities of Ghana's legal system.

Lawyers should advise clients that, if they have indicated their unavailability to appear during the legal vacation, court proceedings cannot proceed, and matters may need to be adjourned.

Source: Original reporting via MyJoyOnline Ghana