In legal courts in Ghana, it is common to see lawyers dressed in the traditional garb of black robes and white wigs.
However, the colonial era wear is not the only thing that Ghanaian legal practitioners have to contend with.
Across the country, law firms and individual lawyers are barred from advertising their services, a restriction rooted in colonial-era ethics that prioritizes professional dignity over market competition.
According to the Legal Profession (Professional Conduct and Etiquette) Rules, 2020, known as L.I. 2423, it explicitly prohibits lawyers from “touting or advertising or as calculated to attract business unfairly.”
It also states that lawyers must uphold the “dignity and high standing” of the profession, forbidding any actions motivated by personal advertisement. This includes volunteering advice to instigate litigation or employing agents to drum up cases, with violations potentially leading to disbarment.
But as the legal landscape evolves, is the prohibition hindering access to justice and stifling innovation?
History of the Ban
Historians and legal scholars point to the rule’s foundations in British common law traditions, where the legal profession was viewed as a noble calling rather than a commercial enterprise.
In the 17th century, for instance, early American colonies like Virginia once outlawed practicing law for fees altogether, seeing it as incompatible with public service.
In Ghana, post-independence regulations echoed this sentiment, aiming to prevent the commercialization that could erode public trust.
The General Legal Council (GLC), Ghana’s regulatory body, enforces these rules to maintain ethical standards, emphasizing that the profession’s integrity outweighs individual gains.
In guidelines on its websites, the GLC allows limited online profiles — including firm histories, contact details, and areas of practice — but explicitly bans social media use for promotion, deeming it “undignified“.
In past statements, Former Chief Justice Sophia Akuffo underscored this by expressing disdain for lawyers advertising on social media platforms, calling the practice “distasteful“.
Yet, the restriction has drawn criticism for its economic and social drawbacks.
Stifling Innovation?
A 2018 economic analysis by the Institute of Fiscal Studies in Ghana estimated that the ban results in a welfare loss equivalent to about 0.30 percent of commercial court data from 2011, frustrating constitutional goals of promoting citizen welfare.
By limiting information flow, the policy favors established firms, making it harder for newer or smaller practices to compete.
“It stifles the dynamism of the legal market,” noted a recent report calling for reform.
Critics contend this exacerbates inequality in access to legal services, particularly in a country where many citizens are unaware of affordable options.
Oliver Barker-Vormawor, a prominent and outspoken legal practitioner in Ghana, is more in favor of the relaxation of solicitation rather than the total removal of the ban.
“I think that the ban on advertising should be maintained, but the rules on solicitation should be relaxed,” Mr. Barker-Vormawor said in a comment to The Labari Journal.
“Advertisement privileges people with huge advertising budgets; and makes it harder for start-up law firms to survive,” he added.
Basis For Legality
In the United States, a 1977 Supreme Court decision in Bates v. State Bar of Arizona overturned similar bans, ruling them unconstitutional restrictions on free speech and finding no evidence that advertising harmed professionalism.
Countries like Nigeria and South Africa have relaxed rules, allowing regulated advertising to inform the public without deception.
Some legal commentators in Ghana question why a rule from the 1960s persists in the 21st century in Ghana.
“I think the rule should be removed to allow for a more competitive market and also to promote visibility of newer lawyers,” a Ghanaian lawyer said in a comment to The Labari Journal.
The debate gained traction in 2020 with the passage of updated rules, L.I. 2423, which modernized aspects of professional conduct but retained core prohibitions on advertising.
While allowing professional stationery to include basic details, the new framework did not lift the ban.
The Labari Journal emailed the Ghana Bar Association and the Ghana Legal Council for comment on the current ban on advertising of legal services, and if there would be any plans for revision.
The GBA acknowledged our email but did not issue a response. The Ghana Legal Council did not respond to our email at the time of publication.
The Debate Continues
In early October, Ghana added new lawyers to its pool of legal practitioners, with 854 lawyers joining the fray after passing the bar exam.
But the country still lacks an adequate number of legal professionals for its population as compared to its peers. Currently, the country has less than 12,000 active lawyers for a population of more than 33 million.
The question is whether legal practitioners advertising their services would make any difference, especially when legal fees are still exorbitant for the average Ghanaian.
More debate about lifting the ban on advertising of legal services continues, especially on social media.
