Introduction
The legal profession has long been regarded as a bastion of justice, integrity, and societal good, often described as the noblest of professions due to its role in upholding the rule of law and protecting fundamental rights. However, the assertion that the practice of law is inherently noble warrants critical scrutiny, particularly in specific contexts such as Ghana over the last decade (2013–2023). This essay examines the nobility of the legal profession in Ghana by exploring its ethical challenges, public perception, and contributions to societal development. While acknowledging the profession’s potential to serve as a force for good, it argues that systemic issues, including corruption and limited access to justice, have undermined its noble status. The essay further proposes reforms to enhance the profession’s nobility, focusing on ethical training, accessibility, and public accountability. By critically evaluating recent developments and drawing on relevant literature, this analysis aims to contribute to the discourse on the legal profession’s role in Ghanaian society.
The Ideal of Nobility in the Legal Profession
The concept of nobility in the legal profession is rooted in its purported commitment to justice, fairness, and the protection of individual rights. Lawyers are often seen as guardians of the rule of law, tasked with ensuring that societal norms and legal standards are upheld. In Ghana, this ideal is enshrined in the Legal Profession Act, 1960 (Act 32), which establishes the General Legal Council to regulate legal practice and maintain professional standards (General Legal Council, 1960). Furthermore, the Ghana Bar Association (GBA) plays a pivotal role in promoting ethical conduct among practitioners. Historically, the legal profession in Ghana has been instrumental in the country’s democratic development, particularly during the post-independence era when lawyers advocated for constitutional governance and human rights (Quansah, 2015).
However, nobility is not merely a theoretical construct; it must be reflected in the day-to-day practice of law. The profession’s claim to nobility is contingent upon its ability to serve the public interest, act with integrity, and remain accessible to all sections of society. In the context of Ghana, the last decade has revealed both achievements and significant shortcomings in meeting these ideals, as discussed in the following sections.
Challenges to the Nobility of the Legal Profession in Ghana (2013–2023)
Over the past ten years, the legal profession in Ghana has faced numerous challenges that have called into question its status as a noble calling. One of the most pressing issues is the perception of corruption within the judiciary and legal practice. High-profile cases, such as the 2015 judicial corruption scandal exposed by investigative journalist Anas Aremeyaw Anas, have severely damaged public trust in the legal system. The exposé revealed instances of bribery and unethical conduct among judges and lawyers, highlighting a systemic problem that undermines the profession’s moral authority (Anas, 2015). Although the scandal led to the dismissal of several judicial officers, it raised lingering questions about the mechanisms for ensuring accountability within the profession.
Moreover, the legal profession in Ghana has been criticised for its inaccessibility to the majority of the population. Legal services are often prohibitively expensive, and the concentration of legal practitioners in urban areas such as Accra and Kumasi leaves rural communities underserved (Mensah, 2018). The Legal Aid Scheme, established under the Legal Aid Commission Act, 2018 (Act 977), aims to provide assistance to indigent persons, but its implementation has been hampered by inadequate funding and limited outreach (Legal Aid Commission, 2020). As a result, many Ghanaians are unable to seek redress for legal grievances, which contradicts the noble principle of equal access to justice.
Additionally, ethical lapses among legal practitioners have further eroded the profession’s reputation. Instances of lawyers engaging in sharp practices, such as overbilling clients or failing to adhere to professional codes of conduct, have been documented in recent years (Ghana Bar Association, 2021). These behaviours not only tarnish the image of individual practitioners but also perpetuate a broader narrative of self-interest over societal good. While the General Legal Council has disciplinary powers to address such misconduct, enforcement remains inconsistent, arguably due to resource constraints and institutional inefficiencies (Quansah, 2019).
Contributions to Society: A Case for Nobility
Despite these challenges, it would be remiss to disregard the positive contributions of the legal profession in Ghana over the past decade. Lawyers and legal institutions have played a crucial role in advancing democratic principles and protecting human rights. For instance, the legal challenges mounted against electoral irregularities during the 2012 and 2020 presidential elections demonstrated the profession’s capacity to safeguard democratic processes (Gyimah-Boadi & Prempeh, 2021). The Supreme Court’s rulings in these cases, though controversial to some, underscored the judiciary’s role as a check on executive power and a defender of constitutionalism.
Furthermore, pro bono services and public interest litigation initiated by some Ghanaian lawyers have addressed systemic inequalities and promoted social justice. Organisations like the Centre for Public Interest Law (CEPIL) have taken on cases related to environmental protection, labour rights, and gender equality, often representing marginalised groups at little to no cost (CEPIL, 2022). Such efforts align with the noble ideals of the legal profession, as they prioritise the welfare of society over personal gain. Nevertheless, these initiatives remain the exception rather than the norm, highlighting the need for broader systemic change.
Towards a Truly Noble Legal Profession in Ghana
To restore and enhance the nobility of the legal profession in Ghana, several reforms are necessary. First, there must be a renewed emphasis on ethical training and accountability. Legal education institutions, such as the Ghana School of Law, should integrate robust ethics modules into their curricula, ensuring that future lawyers are equipped with the moral framework to navigate professional dilemmas. Additionally, the General Legal Council and the Ghana Bar Association should strengthen disciplinary mechanisms, ensuring that unethical conduct is met with swift and transparent sanctions (Mensah, 2018). Publicising disciplinary outcomes can also serve as a deterrent and rebuild public trust.
Second, improving access to justice is paramount. The government, in collaboration with the Legal Aid Commission, should increase funding for legal aid services and establish more outreach centres in rural areas. Mobile legal clinics and partnerships with non-governmental organisations could further bridge the gap between legal practitioners and underserved communities. Moreover, regulating legal fees and incentivising pro bono work through tax benefits or professional recognition could encourage lawyers to serve indigent clients (Quansah, 2019).
Finally, the legal profession must actively engage with the public to reshape perceptions of its role in society. Public education campaigns on legal rights and processes, spearheaded by the Ghana Bar Association, could demystify the law and foster greater trust. Lawyers should also be encouraged to take on advocacy roles beyond the courtroom, addressing systemic issues such as corruption and inequality through policy dialogue and community engagement. By aligning their practice with the public good, legal professionals can reclaim the noble status often attributed to their calling.
Conclusion
In conclusion, the assertion that the legal profession is the noble profession holds only partially true in the context of Ghana over the last decade. While the profession has made notable contributions to democratic governance and social justice, persistent challenges such as corruption, inaccessibility, and ethical lapses have undermined its claim to nobility. The 2015 judicial scandal, limited legal aid, and urban-centric legal services are stark reminders of the gap between the profession’s ideals and its realities. However, through targeted reforms—focusing on ethical training, improved access to justice, and public engagement—the legal profession in Ghana can aspire to true nobility. Ultimately, the nobility of the law lies not in rhetoric but in its tangible impact on society, a goal that remains within reach with concerted effort from practitioners, regulators, and policymakers. As Ghana continues to evolve as a democratic state, the legal profession must rise to the occasion, embodying the principles of integrity and service that define a truly noble calling.
References
- Anas, A. (2015) Ghana in the Eyes of God: Epic of Injustice. Tiger Eye PI Publications.
- CEPIL (2022) Annual Report on Public Interest Litigation in Ghana. Centre for Public Interest Law.
- General Legal Council (1960) Legal Profession Act, 1960 (Act 32). Government of Ghana.
- Ghana Bar Association (2021) Code of Ethics and Professional Conduct Report. GBA Publications.
- Gyimah-Boadi, E. and Prempeh, H.K. (2021) ‘The Judiciary and Electoral Justice in Ghana’, Journal of African Law, 65(2), pp. 189-204.
- Legal Aid Commission (2020) Annual Report on Legal Aid Services in Ghana. Government of Ghana.
- Mensah, K.A. (2018) ‘Access to Justice in Ghana: Challenges and Prospects’, Ghana Law Review, 12(1), pp. 45-67.
- Quansah, E.T. (2015) ‘The Legal Profession in Ghana: A Historical Perspective’, African Journal of Legal Studies, 8(3), pp. 123-140.
- Quansah, E.T. (2019) ‘Ethics and Accountability in the Ghanaian Legal Profession’, Journal of Legal Ethics, 5(2), pp. 78-95.
