[1976]DLCA363February 9, 1976Court of Appeal

AYARNA AND ANOTHER vs. AGYEMANG AND OTHERS

The appellants, father and son, were involved in a legal dispute with the respondents, qualified lawyers who had represented the first appellant in a serious criminal trial. The first appellant was charged with subversion and detained in custody, requiring legal representation. The first appellant's wife instructed the first and second plaintiffs (respondents) to defend him. No agreed fee was fixed initially, but the plaintiffs performed satisfactorily. The second appellant, the son, was not charged but was involved in attempts to raise funds to pay legal fees, including attempts to sell property. A promissory note for ¢50,000 was signed by both appellants as security for fees, along with a letter authorizing sale of properties if the note was unpaid. The second appellant executed a power of attorney to the plaintiffs to dispose of his property to pay fees. The second appellant later complained to the Judicial Secretary alleging undue pressure and unfair conduct by the plaintiffs. The disciplinary committee did not hold an inquiry. The plaintiffs sued on the promissory note for fees, but the defendants resisted, alleging failure to comply with statutory requirements and duress/undue influence.

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JUDGMENT OF APALOO J. Apaloo J. delivered the judgment of the court. The respondents (hereafter called the plaintiffs) are all qualified lawyers and were enrolled under the Legal Profession Act, 1960 (Act 32), to practise their profession. The appellants, i.e. the defendants, are father and son and both seemed to be in business of some sort in or about 1973. Some time that year, the first defendant was charged with subversion and pending trial, was kept in custody. The offence was one which carried the death penalty. As was only to be expected, he was desirous of being defended by a lawyer of his own choice. As he was himself in custody, he seems to have asked his wife to brief counsel on his behalf. The first plaintiff was accordingly instructed on behalf of the first defendant. It is only natural that there should be some discussion about professional fees but it is clear no sum was agreed between Mrs. Ayarna and the first plaintiff. At Mrs. Ayarna’s request, the first p.....