HOW CAN GHANAIANS ACCESS LEGAL AID AND PRO BONO LEGAL SERVICES WITHOUT PAYING LEGAL FEES

A lack of money should not automatically mean a lack of access to justice. One of the biggest misconceptions about the Ghanaian justice system is that a person must have enough money to pay a private lawyer before that person can obtain legal advice, defend a legal claim or pursue a legitimate legal right. That is not entirely correct.

Ghana’s legal system contains mechanisms designed to assist persons who cannot afford private legal services. The most important of these is the Legal Aid Commission, established under the Legal Aid Commission Act, 2018 (Act 977).

The constitutional foundation is Article 294 of the 1992 Constitution, which provides for legal aid. Article 294(1) specifically provides that a person is entitled to legal aid in proceedings relating to the Constitution where that person has reasonable grounds for taking, defending, prosecuting or being a party to the proceedings. The Constitution also defines legal aid broadly enough to include representation by a lawyer and assistance given in preliminary or incidental steps and in reaching or implementing a compromise.

The Legal Aid Commission consequently exists to provide legal services to poor and vulnerable persons through legal education, advice, assistance, mediation and representation, and the Commission states that these services are free for persons who qualify.

WHAT EXACTLY IS “LEGAL AID”?

Legal aid is assistance provided to a person who cannot reasonably afford legal services.

It is not limited to a lawyer standing in court and arguing a case.

Depending on the circumstances, legal assistance may include:

• legal advice;
• consultation;
• assistance with legal documents;
• preparation of court documents;
• legal representation;
• mediation;
• assistance in criminal proceedings;
• assistance for persons in police or prison custody;
• assistance concerning constitutional rights;
• paralegal assistance; and
• guidance concerning available legal remedies.

The Legal Aid Commission currently operates through three principal divisions:

1. Citizens Advisory Division
2. Public Defenders’ Division
3. Alternative Dispute Resolution Division.

Understanding these divisions is important because not every person who needs legal assistance necessarily needs a lawyer to commence litigation.

THE CITIZENS ADVISORY DIVISION

The Citizens Advisory Division is particularly important for ordinary civil disputes.

It is responsible for providing legal advice and assisting indigent persons with civil matters. The Commission describes the Division as being principally responsible for civil litigation on behalf of indigent clients, as well as legal advice and public legal education.

For example, a person may have a dispute concerning:

• land;
• tenancy;
• debt;
• employment;
• family matters;
• breach of contract;
• property;
• inheritance;
• personal rights;
• consumer issues; or
• another civil claim.

Instead of immediately paying a private lawyer, the person can first approach Legal Aid and explain the circumstances. The lawyer or legal officer can then assess the matter and determine the appropriate course.

That could mean:

Advice → Demand letter → Negotiation → Mediation → Litigation

rather than automatically:

Dispute → Court → Years of Litigation

That distinction is important.

NOT EVERY LEGAL DISPUTE NEEDS TO GO TO COURT

This is one of the most useful things the public needs to understand. Having a legal dispute does not necessarily mean that you must commence an action in court. The Legal Aid Commission has an Alternative Dispute Resolution Division specifically designed to assist parties to resolve disputes through mediation. The Commission explains that ADR can provide a quicker and less confrontational method of resolving disputes and can avoid unnecessary legal expenses.

FOR EXAMPLE:

A owes B GH₵20,000.

B may think:

“I need to sue A.”

But the better first question may be:

“Can this debt be resolved through negotiation or mediation?”

If both parties agree to a settlement, they may avoid:

• filing fees;
• repeated court appearances;
• lawyer’s fees;
• transportation costs;
• adjournments; and
• the uncertainty associated with litigation.

This is why strategic legal aid is not merely about obtaining a free lawyer. It is about finding the least expensive and most effective legal solution.

CRIMINAL DEFENDANTS HAVE PARTICULARLY IMPORTANT PROTECTIONS

The position is even more significant where a person’s liberty is at stake. The Legal Aid Commission’s Public Defenders’ Division provides legal services to indigent persons accused of criminal offences who cannot afford a lawyer. The Division is also concerned with persons who have been arrested, detained or are in police or prison custody.

The Public Defenders’ Division was established under the Legal Aid Commission’s current statutory framework to strengthen access to legal representation for accused persons who cannot afford counsel.

Therefore, a person who has been arrested or prosecuted should not simply assume:

“I cannot afford a lawyer, so I have to defend myself.”

The person should ask about legal aid and public defender services immediately.

This is especially important because criminal proceedings can directly affect:

• personal liberty;
• reputation;
• employment;
• family relationships;
• immigration status;
• property; and
• future opportunities.

LEGAL AID IS NOT ONLY FOR PEOPLE WHO HAVE ALREADY BEEN SUED

Another misconception is that legal aid is only available after a case has reached court.

That is not the case. A person can seek assistance before litigation becomes necessary.

FOR EXAMPLE:

A woman is being pressured to sign documents transferring an interest in land.

She does not necessarily need to wait until the land has been transferred before seeking legal advice.

She may seek assistance before signing anything.

SIMILARLY:

An employee receives a termination letter and believes the termination is unlawful.

The employee should not necessarily wait until the matter becomes a court case.

Early legal advice may help determine:

• whether there is a valid claim;
• what documents should be preserved;
• whether a demand should be issued;
• whether negotiation is appropriate;
• whether a statutory complaint should be made; and
• whether litigation is actually necessary.

Early legal advice can be cheaper and more effective than late legal intervention.

HOW DOES A PERSON QUALIFY?

Legal Aid is not simply a system where every person automatically receives a lawyer for free. The applicant must go through an eligibility assessment. The Legal Aid Commission states that an applicant completes an application form incorporating a means test, after which the Commission determines whether the person qualifies for legal aid. If eligible, the matter is assessed further to determine the appropriate division to handle it.

The basic idea is therefore:

Application → Means assessment → Eligibility → Assessment of legal problem → Appropriate Legal Aid Division

The means test is important because the statutory scheme is principally directed at persons who are unable to afford legal services.

WHAT IS A MEANS TEST?

A means test essentially examines the applicant’s financial circumstances to determine whether the applicant falls within the target group for legal aid. Therefore, someone applying should be prepared to provide truthful information concerning their circumstances.

This may include information about:

• employment;
• income;
• dependants;
• property;
• financial obligations;
• the nature of the legal problem; and
• other relevant circumstances.

The purpose is not to humiliate an applicant. It is to determine whether the person genuinely requires publicly supported legal assistance.

WHAT HAPPENS AFTER YOU APPLY?

According to the Commission’s published process, a person who walks into a Legal Aid office is first received by a receiving officer and then referred to an intake officer. The applicant completes the relevant form, including the means test. If the applicant qualifies, the matter is assessed and assigned to the appropriate division.

The process can therefore be understood as:

• STEP 1– Identify the legal problem.
• STEP 2- Gather your documents.
• STEP 3- Approach the Legal Aid Commission.
• STEP 4- Complete the application.
• STEP 5- Undergo the eligibility/means assessment.
• STEP 6- Have the legal problem assessed.
• STEP 7- The matter is directed to the appropriate service:

Citizens Advisory | Public Defenders | ADR

• STEP 8- Receive the appropriate legal assistance.

WHAT DOCUMENTS SHOULD YOU TAKE?

A person should not walk into Legal Aid with only a verbal story if documents exist:

Take copies of relevant documents, such as:

• Ghana Card or other identification;
• writs and statements of claim;
• summons;
• affidavits;
• court processes;
• police documents;
• contracts;
• tenancy agreements;
• land documents;
• receipts;
• bank records;
• employment letters;
• termination letters;
• correspondence;
• WhatsApp messages relevant to the dispute;
• photographs;
• medical or other supporting documents where relevant;
• previous judgments or court orders; and
• any letters received from the opposing party or their lawyer.

The principle is simple:

Do not merely tell the lawyer what happened. Show the lawyer what happened. Good documentation makes legal assessment much easier.

WHAT IF YOU HAVE ALREADY RECEIVED A COURT SUMMONS?

Do not ignore it simply because you cannot afford a lawyer. Take the court documents to Legal Aid as soon as possible.

The Commission states that it can assist with court documents, drafting and petitions, and that not every case necessarily requires physical representation by a lawyer at every stage.

The important lesson is:

A court document should never be ignored because you do not have money for a lawyer.

Seek assistance immediately.

WHAT IF YOU CANNOT GET A LAWYER TO REPRESENT YOU?

Legal representation is only one component of legal assistance. The Commission indicates that assistance can include legal advice and assistance with documents, petitions and other processes even where a lawyer does not personally appear in court for every step.

This is important because sometimes the most valuable legal assistance may be:

• understanding the claim;
• identifying the legal issue;
• preparing the necessary documents;
• understanding the procedure;
• negotiating a settlement; or
• knowing what to do next.

PRO BONO LEGAL SERVICES ARE ANOTHER OPTION

Pro bono generally refers to professional legal services provided without charging the client the ordinary professional fee. This is different from statutory Legal Aid.

A private lawyer or law firm may, depending on its own policies and professional considerations, agree to handle a matter without charging the ordinary legal fee.

Therefore, a person who cannot afford a lawyer can respectfully ask:

“I am unable to afford the professional fees for this matter. Does your firm have a pro bono arrangement, or can you refer me to an organization providing pro bono assistance?”

However, one should not assume that every private lawyer is legally required to handle every case for free.  Pro bono is generally a voluntary professional arrangement; Legal Aid is a statutory public legal-aid mechanism.

DO NOT CONFUSE “FREE CONSULTATION” WITH FULL REPRESENTATION

This distinction is extremely important.

A lawyer may offer:

Free consultation without agreeing to provide:

Free representation throughout the entire case.

A person should therefore establish exactly what is being offered.

FOR EXAMPLE:

“The first consultation is free.”

does not necessarily mean:

“The lawyer will conduct the entire litigation for free.”

SIMILARLY:

“We can advise you on the matter.”

does not necessarily mean:

“We will file the case and represent you until judgment.”

Always clarify the scope of the assistance.

BEWARE OF PEOPLE CHARGING MONEY IN THE NAME OF LEGAL AID

This is particularly important.

The Legal Aid Commission expressly states that once an applicant qualifies for legal aid, the applicant should not be charged for legal services by a Legal Aid officer. The Commission’s published FAQ states that it is improper for a Legal Aid officer to demand money from a client before providing legal services to an eligible person.

Therefore, the public should be cautious of anyone saying:

“Pay me and I will get Legal Aid to handle your case.”

Verify directly with the Commission.

The Commission’s published contact details include:

TELEPHONE: 0302 975 749

EMAIL: info@lac.gov.gh

It also provides regional offices.

Legal Aid Commission Ghana – Official Website⁠

LEGAL AID IS AVAILABLE BEYOND ACCRA

Legal Aid should not be viewed as an Accra-only service.

The Commission publishes regional offices, including offices in:

• Accra;
• Koforidua;
• Cape Coast;
• Kumasi;
• Ho;
• Sekondi-Takoradi;
• Sunyani;
• Tamale;
• Bolgatanga; and
• Wa.

The Commission’s FAQ also states that it operates across the traditional ten regions, while noting that its office structure is still being upgraded to reflect the additional regions.

WHAT IF THE PERSON IS NOT GHANAIAN?

Legal Aid is not necessarily restricted exclusively to Ghanaian citizens. The Legal Aid Commission’s published FAQ states that foreigners who qualify for its services may also receive legal aid.

This is important in a country with substantial cross-border commercial, employment, immigration and family relationships.

Eligibility, however, remains important.

STRATEGIC USE OF LEGAL AID IN LAND DISPUTES

Land disputes are an area where early legal assistance can be particularly valuable.

Suppose someone says:

“I bought land and now another person says they own it.”

The wrong strategy may be to immediately spend a large amount of money commencing litigation.

The strategic approach is first to establish:

1. Who sold the land?
2. What interest did the seller actually have?
3. Is there a site plan?
4. Is there an indenture?
5. Was the transaction properly executed?
6. Has the document been stamped?
7. Has it been registered?
8. Are there competing claims?
9. Is there an existing court case?
10. Can the dispute be mediated?
11. Is urgent injunctive relief necessary?

Legal advice at the beginning may prevent a person from spending money pursuing the wrong defendant or relying on defective documentation.

STRATEGIC USE IN EMPLOYMENT DISPUTES

An employee who believes that an employer has unlawfully terminated their employment should preserve:

• employment contract;
• appointment letter;
• payslips;
• termination letter;
• warning letters;
• emails;
• WhatsApp messages;
• staff handbook;
• relevant company policies; and
• other evidence.

The employee can then seek legal advice before deciding whether to negotiate, pursue an administrative remedy, commence proceedings or explore mediation.

STRATEGIC USE IN FAMILY DISPUTES

Family disputes can become expensive and emotionally destructive when litigation is treated as the first option.

Where appropriate, legal aid and ADR can help parties understand their legal positions while exploring settlement.

This can be particularly useful in disputes involving:

• maintenance;
• matrimonial property;
• child-related disputes;
• family property;
• succession-related disagreements; and
• other family conflicts amenable to mediation.

The objective is not always to “win.”

Sometimes the better legal outcome is:

Protect the person’s rights while resolving the dispute without destroying the underlying relationship.

LEGAL AID SHOULD NOT BE VIEWED AS “CHARITY”

This is perhaps the most important conceptual point. Legal aid is part of the justice system.

A poor person does not lose their legal rights simply because they are poor.

Article 294 exists precisely because access to justice should not depend entirely upon a person’s ability to pay for private legal representation.

The Legal Aid Commission itself describes its mission in terms of equality of access to justice and treatment before the law.  Therefore, someone seeking legal aid should not feel embarrassed.

They are accessing a legal mechanism designed for people in their circumstances.

THE “STRATEGIC LEGAL AID” MODEL

A useful way to think about legal assistance is through five stages.

STAGE 1 — IDENTIFY

What exactly is the legal problem?

STAGE 2 — ASSESS

Do you actually have a legal claim or defense?

STAGE 3 — RESOLVE

Can negotiation, a demand letter or mediation solve the matter?

STAGE 4 — REPRESENT

If litigation is necessary, can Legal Aid or pro bono representation assist?

STAGE 5 — ENFORCE

If you obtain a settlement or judgment, what steps are necessary to enforce it?

This approach prevents people from assuming that “lawyer = court.”

A good lawyer should first determine whether court is actually necessary.

A PRACTICAL EXAMPLE

Consider this situation:

Kwame earns a modest income and lends someone GH₵30,000.

The borrower refuses to repay.

Kwame believes:

“I need GH₵10,000 to get a lawyer, so I cannot do anything.”

That conclusion may be premature.

A strategic approach is:

• STEP 1: Gather the loan agreement and payment evidence.
• STEP 2: Obtain legal advice.
• STEP 3: Determine whether the debt is legally enforceable.
• STEP 4: Consider a formal demand.
• STEP 5: Consider mediation.
• STEP 6: If settlement fails, determine whether Legal Aid eligibility exists.
• STEP 7: If eligible, obtain appropriate assistance.
• STEP 8: If litigation becomes necessary, pursue the appropriate proceedings.

The person has therefore moved from:

“I have no money, so I have no remedy.”

to:

“I have a legal problem, and I need to identify the least expensive lawful route to a solution.”

That is the essence of strategic legal aid.

WHAT EVERY GHANAIAN SHOULD REMEMBER

If you cannot afford a private lawyer:

Do not simply abandon your legal rights.

First consider:

1. Legal Aid Commission
2. Legal advice
3. Mediation/ADR
4. Pro bono assistance
5. Court-based assistance
6. Appropriate public institutions or regulatory complaint mechanisms

And most importantly:

Seek assistance early.

The earlier a legal problem is identified, the more options may remain available.

WHERE TO START

The Legal Aid Commission provides an online application process and advises applicants to submit their applications to the nearest Legal Aid office.

APPLY FOR LEGAL AID IN GHANA

The Commission’s current published contact details are:

Legal Aid Commission, Ghana

TELEPHONE: 0302 975 749

EMAIL: info@lac.gov.gh

WORKING HOURS: Monday–Friday, 8:00 a.m.–4:00 p.m.

FINAL MESSAGE

Justice should not become inaccessible merely because a person is poor.

The law provides mechanisms for legal assistance, and the intelligent use of those mechanisms can save a person from unnecessary legal expenditure.

The question should therefore not always be:

“How much money do I need to hire a lawyer?”

It should first be:

“What legal assistance is available to me, do I qualify for Legal Aid, can my dispute be resolved through ADR, and are there pro bono options available?”

Knowing the answer to those questions can turn lack of money from a barrier into a problem with a legal solution. Legal aid is not a substitute for justice. It is one of the mechanisms through which justice becomes accessible.