LEGAL GUIDANCE
Legal instructions for action groups and committees in The Gambia
Establish who the client is, who can make decisions and whether members share the same interests before commissioning work.
Who has authority to instruct the lawyer?
A committee may coordinate people without itself having the legal status or authority assumed by its members. Explain how the group was formed, who belongs to it and what decision or dispute it is addressing.
Provide the constitution, rules, resolutions or other records available. Identify whether the proposed client is an organisation, named individuals or another body. One person collecting documents or paying fees does not necessarily have authority to bind everyone.
Which matters should members agree?
- The objective and scope of the legal instruction.
- The people authorised to give and approve instructions.
- How fees and expenses will be funded.
- How information will be shared and kept confidential.
- Who may approve a settlement or change of approach.
Record decisions accurately and keep a member or participant list appropriate to the matter. Avoid presenting a committee view as unanimous when members have materially different interests.
What if members disagree?
Tell the lawyer about differing claims, financial interests or proposed outcomes before instructions are accepted. A conflict may affect whether people can be represented together or whether separate advice is needed.
Agree how instructions will be communicated and how a member’s withdrawal will be handled. The legal engagement should not rely on an informal expectation that every participant will approve any later decision.
How should the evidence be prepared?
Use one indexed set of documents, a chronology and a clear account of which person knows each fact. Keep individual accounts identifiable rather than blending them into an agreed story.
For an organisation being established, read the charity and NGO service. For a land or family disagreement, use property disputes or family disputes. The first task is to define the client and issue before selecting the legal route.
Related guidance
Published by Solie Law Chambers. Updated . General guidance; the advice for your matter depends on its facts and applicable law.
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