The legal community in Ghana is frequently engaged in dialogue about improving access to justice as enshrined in the 1992 Constitution. There have been calls to lawyers by a former Chief Justice of Ghana and retired Supreme Court judges to provide pro bono services and for the provision of same to be made a mandatory requirement for license renewals.
Challenges with pro bono legal assistance
- Absence of legislation to mandate provision of pro bono services
- Despite ongoing discussions within the legal community and the existence of comprehensive legislation and guidelines regulating the legal profession, there is no requirement for lawyers to provide pro bono legal services in Ghana. However, the Courts Act, 1993 (Act 459) grants superior courts the authority to assign legal aid to a party in proceedings if it is deemed necessary in the interest of justice and the party lacks the financial means to hire a lawyer. Similarly, the lower courts may assign legal aid with the prior approval of the Chief Justice. Nonetheless, the absence of specific legislation mandating the provision of pro bono legal services increases the likelihood of such services not being adequately provided in Ghana.
- No dedicated technology platforms for services
- While Ghana’s Legal Aid Commission does not have any dedicated technology platforms for its services, it has taken steps towards digital integration by leveraging its website to expand outreach. As digital tools continue to shape legal outreach, they have also contributed to increasing youth participation in pro bono legal work.
- Lack of structured systems for implementing pro bono programs
- While almost all Ghanaian law firms engage in some level of pro bono work, most firms lack structured systems for implementing pro bono programs. A cursory review of the websites of some firms in Ghana shows that pro bono services and policies on pro bono work are rarely mentioned. Although the importance of pro bono is widely recognised within the legal profession and many lawyers express a desire to contribute, this enthusiasm often fades when it comes to delivering the service. The absence of structured pro bono programmes within law firms, coupled with a lack of full commitment, limits access to justice and ultimately reinforces existing barriers for people who are unable to afford legal representation and services. Law firms can address this by establishing formal pro bono programs within their firms with clear policies and targets. Integrating pro bono work into the firm’s operational structure will ensure that lawyers in the firm commit to following through with pro bono work and understand how it is equally as important as billable work.
Emerging trends in pro bono practice
- Institutions provide pro bono services and initiatives
- Pro bono services and initiatives are primarily provided by institutions such as the Legal Aid Commission and Non-Governmental Organisations such as the Fair Justice Initiative, HelpLaw Ghana and the International Federation of Women Lawyers (FIDA-Ghana). In 2023, as part of efforts to expand access to justice, the Legal Aid Commission launched its Public Defenders Division in collaboration with the United States Department of Justice. This initiative has improved access to legal representation for individuals facing financial hardship. Private law firms are also increasingly engaged in pro bono services.
- Technology plays a vital role in expanding legal awareness
- While institutional and private sector efforts continue to shape access to justice, technology is playing an increasingly important part in expanding legal awareness. Beyond structured legal aid initiatives, social media platforms such as X (formerly Twitter), WhatsApp, and Facebook have played a pivotal role in connecting young lawyers to clients in need of pro bono legal services.
- Increased access to legal education
- Increased access to legal education, evolving legal training, and a heightened awareness of social justice have also contributed to this shift. Over the past two decades, there has been an increase in the number of universities that offer Bachelor of Laws programs, resulting in a rise in the number of graduates attempting entry into the legal profession. Additionally, over the years, the number of students who pass the Ghana School of Law entrance exam program has increased from as few as 128 in 2019 to 1,441 in 2024. As more young lawyers enter the legal profession in Ghana, their strong interest in social justice and legal advocacy is driving a greater commitment to pro bono work, human rights and legal reform.
- On the path to a more inclusive and responsive legal aid system
- In recent years, pro bono services have gained significant momentum in Ghana. The willingness and participation of young lawyers to defend the unrepresented reflects a growing awareness of social responsibility and signals a refreshing change in the legal landscape. While challenges persist, the path forward is promising, one that leads to a more responsive, inclusive and effective legal aid system.
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