Remuneration for legal services must measure up to the value of the time spent or value created as determined by the economic environment in which the service is provided.
The Scale of Fees covers charges for professional services rendered by lawyers. Fees are quoted in both Ghana Cedis and US Dollars and are to be applied to services rendered to Ghanaian clients and international clients respectively as prescribed by law.
The essence of these guidelines shall be negotiation and agreement between Counsel and the client within the range prescribed below before the commencement of the provision of legal services. The law entitles every lawyer to reasonable compensation for his services. In negotiating for fees a lawyer shall adhere to these approved tariffs and shall avoid charges which either overestimate or undervalue the service rendered, though in legal aid cases, the poverty of the client may require a less charge or even none at all.
The negotiation will take into consideration the nature and/amount of work involved and estimated time to be spent on it. The terms of payment may include a deposit of up to fifty percent of the agreed fees payable upon firm instructions being given to commence work unless the Client and Counsel agree otherwise. In negotiating the terms of the fee, Counsel and the Client may agree on any method/basis and terms of payment acceptable to them
Where percentage rates are applied in computing fees, they may range from five percent (5%) to twenty-five percent (25%) unless otherwise agreed.
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Counsel may charge hourly rates for an extended Initial Consultation.
Hourly rates may range between the amounts stated below unless otherwise agreed:
The law permits a lawyer to accept retainer for advice. However a lawyer shall be separately instructed and separately remunerated by fees for each piece of work done, and shall not undertake to represent any person, authority or corporation in all their court work for a fixed annual salary. The minimum rate for retainer may be GH¢4,000.00 per month depending on the scope of work contained in the retainer provided that the clients shall be entitled to free consultation in addition to a discount of up to twenty percent (20%) for other legal services.
These are incidentals, costs and out of pocket expenses incurred in the provision of legal services on behalf of the Client and should be discussed at the start of the engagement. They may include filing fees, stamping of documents, swearing of affidavits, service of processes, telephone, fax, e-mail, photocopying, printing and binding, courier services, transportation and accommodation, preparation of appeal records, execution of judgments and notarization among others. These shall be billed for separately and paid by the client. A deposit should be paid on account by the client before commencement of work. Out-of-pocket expenses should be billed be at cost because expenses are not profit items.
The following brief fees shall be charged for cases falling under these headings:
Provided that in all cases under Sections p and q above, hourly rates will be applied where the hours involved exceed the maximum fee.
Brief fees for District Courts should not exceed 50% of the brief fees charged in the High Court and Circuit Court.
Where litigation stretches over an unreasonably long period, there should be renegotiation on refresher fees after every year provided that the delay should not be traced to the default or inaction of the lawyer. However, where hourly rates apply, there shall be no need for refreshing or renegotiating fees save the review of the hourly rates.
The fees for any conveyance are based on value of the property being conveyed.
Where the value of the property is:
Fee for tenancy agreements shall be based on the yearly rent and other considerations involved.
Where the yearly rent or other consideration involved is:
Alternatively, where practicable, Counsel may charge one month’s rent as legal fees.
The Cedi equivalent of a fee of US$1,000 shall be charged for the incorporation of a partnership and the drafting of a partnership agreement shall attract an additional fee range between US$1,000 – US$2,000 payable in the Ghana Cedi equivalent. Hourly rates would apply if the man hours exceed US$2,000.
A fee range between US$1,000 – US$4,000 payable in the Ghana Cedi equivalent shall be charged for the incorporation of a company. A separate fee ranging between US$1,000 – US$2,000 shall be charged for the preparation of the Regulations of the Company. Hourly rates would apply if the man hours involved exceed US$2,000
For the preparation of Commercial agreements including research, legal opinion drafting and engrossment or finalization, but excluding conferences with clients:
| Value of Estate | Fees to be charged |
|---|---|
| Up to GH¢100,000.00 | GH¢7,000 maximum |
| Over GH¢100,000.00 | GH¢7,000 for the first GH¢100,000 plus up to 5% for any additional value |
The preparation of Vesting Assent and the Winding Up of an Estate should not be included as part of the matters relating to Probate and Letters of Administration and must be treated as separate matters. The fees to be charged for Vesting Assent and Winding Up of an Estate shall be the same provided that where the same lawyer was responsible for the Probate and Letters of Administration, the maximum fee for the Vesting Assent and Winding Up of an Estate shall not exceed 50% of the fees approved.
Where the lawyer negotiates compensation claims for property, land, et cetera, acquired by government, the fees shall not exceed 15% of the total compensation paid.
Debt collection, as its name implies, involves the recovery of monies such as rent, contract payments and other debts for and on behalf of clients. This may be achieved in two main ways:
All expenses for the recovery of debts should be borne by the client.
Where the amount involved is up to and includes:
Fees are provided for under brief fees [see Clause E(k) supra]
APPROVED AT THE MID-YEAR CONFERENCE AND EFFECTIVE THIS 9TH DAY OF APRIL 2015
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