THE INDEPENDENT EXAMINATIONS BOARD GHANA SCHOOL OF LAW PROFESSIONAL LAW PART II COURSE, JUNE, 2016 ADVOCACY AND LEGAL ETHICS MONDAY, 20 JUNE 2016

TIME ALLOWED: THREE (3) HOURS	10:00am - 1:00pm
INSTRUCTIONS TO CANDIDATES:
1.	Read the instructions very carefully before beginning your answers.
2.	Answer question ONE, which is compulsory, and THREE (3) others.
3.	Credit will be given for legible handwriting, clarity of expression and orderly presentation of answers.
4.	Do not write or sign your name on the answer booklet. Only write your index number.
5.	Adhere strictly to the instructions on the front cover of your Answer Booklet.

QUESTION ONE

Jude and Jane Mantey had 6 handsome sons whom they loved very much. The eldest was Jeremy, a pilot; then came Jonathan the pharmacist, John the veterinary surgeon, James the architect and Joshua the mechanical engineer. Joseph was the last and what one would describe as the "pension baby" of the Manteys. As the last child Joseph had it all from his doting parents to^his equally doting brothers. He wore the trendiest clothes, had the latest editions of school textbooks and was never broke. One thing that made him stand tall among his peers was that he never lot all the wealth and good things he was blessed with get to his head. On his 18'^ birthday his brothers bought him an Alfa Romeo which became his pride and his joy.

After the completion of his secondary education, his brother selected and paid for him to attend university at the prestigious London School of Economics. They had each secretly hoped that he would choose one of their professions but upon graduation and to their consternation, Joseph told them that he wanted to be a priest. His parents and brothers ranted and raved and at a point threatened |o out off his monthly allowance but this fell on deaf ears. Joseph was unrelenting in his decision and eventually his family had no option than to accept it.

Joseph joined the Sozo seminary but left after a two yeat*stint because he felt he had not received "the call' as yet. The only thing he felt proud of when leaving the seminary was his ability to speak flawless Latin. Joseph was passionate about doing something positive for humanity and therefore joined the Justice Group, an association drawn from various stakeholders in the justice system such as prison officers, police prosecutors and investigators and paramedics. This group assisted in looking for qualified professionals to handle claims for and on behalf of injured workmen and accident victims. Although this was a non-profit making organisation, the Justice Group received payments on behalf of the workmen and took a percentage from the professionals as well as the victims in order to maintain their overhead expenses. As fate would have it, through the work of this group, Joseph eventually became interested in the law and the legal profession for that matter.

Between 2002 and 2005 Joseph successfully completed his LLB course and in 2006 was admitted into the Alibaba School of Law. H7s family was ecstatic. Joseph had seen the light <it last instead of hobnobbing with what they saw to be the dregs of society. Once again his brothers lived up to expectation by paying for the relevant fees and purchasing the necessary reading materials for him. In order to make commuting to school easy for him, they rented an apartment at the luxurious Buena Vista Villas and got him a cook and a cleaner. True to form Joseph did his family proud by emerging as the overall best student in his class. He was eventually called to the Bar in 2008 at a ceremony which his siblings made a lot of noise in the media.

A-..

Coming from an influential family and being a brilliant student at that, he was approached by quite a number of prestigious law firms to undertake his pupillage. He eventually settled on Fairview Chambers where his theoretical knowledge acquired in the classroom was given a practical twist. He had a natural flair for legal drafting and quickly developed his skills practically in that arena during his time of pupillage. Joseph did not abandon the Justice Group. He continued his association with the Group receiving regular references of cases and honouring his pledge and obligations by paying a minimum of GHC1,000 per case to assist the Group in meeting its overheads.

After five years work at Fairview Chambers, his brothers encouraged him to set up his own law firm. They rented a prime piece of property for him and furnished same with tasteful office furniture for him. Jeremy provided the name for the firm-Veritas Law Consult and John had the name engraved on a handsome piece of bone china for the name plate. Joshua had one of his friends design a marketing profile for Veritas Law Consult stating the core business of the firm, cases handled, clients base and pictures of Joseph and his academic achievements for publication in the Euro-Asia Law Journal of Excellence and its website. However a dispute arose between Joshua and Jeremy over the propriety of the firm's name which had nothing to do with the law and did not give Joseph any visibility in the firm. The two also clashed on the obsolete advertisement of the firm.

With such well-connected brothers, Joseph had no problems getting a client base, corporate as well as individual clients. The workload became onerous coupled with his active involvement with the Justice Group; Joseph was being strecthed to the limit. After the 2015 creia of lawyers were called to the bar in October, he admitted two beautiful ladies, Mansa and Shirley as pupils on 1^' December 2015 in order to ease off some of the pressure.

The aviation industry was booming and in order to take advantage Jeremy decided to incorporate a travel and tour company. By the rules of his engagement with his employers, this would amount to a conflict of interest situation and therefore he asked Joseph to be a front for him as regards

the relevant documentation to be filed with the Registrar General's Department. Although Jeremy was actually the controlling mind behind the company Elite Travels, Joseph was its Managing Director and Chief Executive Officer whose signature was appended to every document that went out of the company. Immediately Joseph took over the affairs of the company, he went through the company assets and detected that the company had acquired several landed properties within its short two years of existence. He congratulated the company forthat feat. However one anomaly he detected was that the lands were not registered. He called for all the land documentations kept in the safe of the company, inspected them after which he signed the back of each one.* He then engaged the services of a consultant to process the registration for the company.
O'triggy was a childhood friend of the Mantey brothers. He was presently involved in a protracted custody battle with his ex-wife former super-model Chiffon, over their 5 year old daughter Leeann. When Jeremy heard of this he advised O'triggy to seek proper legal counsel from Joseph who had so far not lost any brief for any of his clients in court. O'triggy consulted Joseph and briefed him about a DNAtest conducted on Leeann which revealed that she was not his daughter. He was therefore willing to concede the issue of custody to his ex-wife on the basis that there would be no maintenance. Over some few beers on Friday at their usual pub where the brothers met regularly to catch up, Joseph told them in confidence that their fears had been confirmed -Leeann was not O'triggy's daughter. Jeremy relayed the information to his wife Cindi in confidence that night when he got home. The next day, the "Rag" one of the tabloids ran the story on its front page. O'triggy is in a fix as Chiffon is threatening to sue him over the rt^portafyv

O'triggy is upset at this development and has sent a petition to the General Legal Couiu il to dr.bai Joseph because Otriggy feels short-changed by Joseph's conduct.

Identify and discuss the eight issues raised in this problem with particular reference to the Code of Ethics of the Ghana Bar Association and the relevant legislation affecting the legal profession in Ghana.

[28 MARKS]

QUESTION TWO
(a)	What are the general principles governing the interview of a client?
(b)	What preliminary steps should a Solicitor take in order to ensure a successful interview 4     with clients?
[14 marks]

QUESTION THREE ^
What are the main aims of cross-examination? Great orators of history have successfully impeached witnesses in cross-examination. Discuss the ways in which they were able to achieve this feat.
[14 MARKS]

QUESTION FOUR
Discuss the role of the following in Advocacy:
a.	The Dogmatic Client
b.	Confrontation
c.	Client's Friend
d.	Storytelling
[14 marks]
QUESTION FIVE

"In fact, it is the golden rule of Advocacy that the advocate should on every occasion retain perfect control of his temper, no matter how difficult the witness or how often opposing counsel interrupts, or how frequently the court rules against him. Juries are apt to regard an advocate who has lost his temper as one who is covering a weak case with bluster-and oiii most successful advocates have been those who have preserved an uihaiie and iinndllnd demeanor in the most trying circumstances." Harris (2010) Discuss