The Ghana Bar Association (GBA) has urged the Judiciary to respect the scheduled legal vacation periods, stressing that lawyers should be allowed to take the break provided for in the court calendar.
The Association made the call in a letter to the Chief Justice, Justice Paul Baffoe-Bonnie, following concerns raised by some law firms over notices requiring lawyers to appear in court during the ongoing legal vacation.
The GBA said it had received petitions from lawyers concerning arrangements for the hearing of part-heard criminal cases during the vacation period.
According to the Association, the High Court (Civil Procedure) Rules, 2004 (C.I. 47), specifically Order 79, Rule 4, provides for three legal vacations each year. The second vacation, which is the longest, runs from August 1 to September 30.
The GBA explained that legal vacations are intended to provide judges, lawyers and judicial staff with an opportunity to take a break after demanding court terms.
It acknowledged that certain courts are traditionally designated as Vacation Courts to deal with urgent matters during the period.
However, the Association stressed that such courts are generally expected to handle interlocutory and emergency matters rather than full trials.
The Association also noted that lawyers’ availability has traditionally been an important consideration when cases are scheduled during the vacation.
It argued that lawyers should not be compelled to appear in court when they have indicated that they are unavailable during the scheduled break.
The GBA further expressed concern about the possibility of accused persons or parties to civil cases being required to proceed without their lawyers simply because counsel is unavailable during the vacation.
It said where counsel is unable to attend, the appropriate course should be to adjourn the matter to a suitable date rather than proceed in the absence of the lawyer.
The Association also highlighted the increasing workload on members of the legal profession, particularly following changes to court schedules that have introduced afternoon sittings.
It said some lawyers had already made commitments for the vacation period, including professional engagements, conferences and work in other jurisdictions, while some law firms had closed their offices for the break.
The GBA stressed that lawyers, like other professionals, require adequate time to rest and maintain a healthy work-life balance.
While reaffirming its commitment to working with the Judiciary to ensure the efficient and timely delivery of justice, the Association urged the courts to respect the established rules and practices governing legal vacations.
It maintained that observing the scheduled vacations would help ensure that judges, lawyers and judicial staff return to their duties refreshed and better positioned to contribute to the effective administration of justice.
CREDIT: MAVIS FANTEVI