Francis-Xavier Sosu
Human rights lawyer Francis-Xavier Sosu is heading for the Court of Appeal to overturn a three-year ban imposed on him by the General Legal Council (GLC).
According to him, the sentences imposed on him are harsh and excessive.
The lawyer, in a notice of appeal filed at the court on June 7, 2017, stated that the GLC erred in convicting him because there is no law specifically making overestimation of legal fees “a grave misconduct in a professional respect.”
Vague Laws
“The offence of overestimation of legal fees as contained in Rule 9(9) of the Legal Profession [Professional Conduct and Etiquette] Rules 1969, LI 613 is vague and or overboard and is inconsistent with Article 19 (1) of the 1992 constitution.”
Mr. Sosu, who contested the National Democratic Congress (NDC) parliamentary primary at Madina Constituency ahead of the 2016 elections, said the GLC, which is not a court of competent jurisdiction, erred in convicting him of the criminal offence.
The lawyer was found guilty of an alleged professional misconduct by GLC.
A statement issued by the GLC said, “The disciplinary committee of the General legal Council formally charged Lawyer Sosu under Rule 2(4) of the legal profession (professional conduct and etiquette) Rules, 1969 L.I. 613 and that he; while acting as Council for Torgbui Afede XIV, in a matter between Torgbui Afede and the Chief of Defense Staff, Minister of Interior, Attorney General and another took to Facebook with pictures of the parties and comments on the case to the public with his firm’s name, address and telephone numbers attached, with the primary motive of personal advertisement and touting.”
Offence
It further stated: “He was further charged under Rule 2 (4) of the legal profession (Professional conduct and etiquette) Rule, 1996 L.I 613 that he; while acting as Counsel for Reynolds Yeboah, in the matter between Patrick Reynolds Yeboah and M.DEX Company Limited in Accra, Ledzokuku-Krowor Municipal Assembly, Accra, took to Facebook posting the writ of summons in the said case and made comments to the public with the firm’s name, address and telephone numbers attached, with the primary motive of personal advertisement.
In another case, Mr Sosu was said to have charged one Francis Agyare GH¢20,000 extra in legal fees.
The statement also said: “Lawyer Sosu was formally charged under Rule 9 (9) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 that he; having assisted Mr Francis Agare, in Human Rights litigation in Accra, charged him GH¢50,000, which was excessive and an over-estimation of the services rendered to him, when he represented to that he was offering pro bono legal services.
He was also charged under Section 19 (5) of the Legal Profession Act that he, having been duly notified, failed to appear before the Disciplinary Committee of the General Legal Council on 9th June, 2016.”
Agyare was jailed for 14 years without trial but was released through the help of Mr Sosu.
He subsequently sued the state for wrongful imprisonment and succeeded in securing GH¢204,000 as compensation.
According to the agreement, Agyare was to pay 25 percent of the compensation he got to the lawyer and reportedly refused to pay the lawyer initially after he got the money, but later went to pay more than he was expected to.
Defense
At the GLC hearing, Mr Sosu reportedly indicated that he was not aware Agyare was going to pay any amount into the accounts of his chambers, but agreed that what was paid was more than necessary.
He immediately refunded the extra money.
The statement noted that “Lawyer Sosu was convicted on his own plea of guilty on both counts and was sentenced to a period of three years suspension commencing June 2, 2017 and ending 1st day of June, 2020.
By Jeffrey De-Graft Johnson