Ghana School of Law PLC: Advocacy and Legal Ethics (GLC) study materials

Ghana School of Law PLC: Advocacy and Legal Ethics (GLC) practice questions

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Question 1Role knowledge and related same-jurisdiction law

Under the Legal Profession Act, 1960 (Act 32), which body is established as the governing authority for legal education and professional conduct of lawyers in Ghana?

The General Legal Council (GLC) Correct answer.
The Ghana Bar Association (GBA)
The Independent Examinations Committee (IEC)
The Ministry of Justice and Attorney-General's Department

Explanation

Section 1 of the Legal Profession Act, 1960 (Act 32) establishes the General Legal Council (GLC) with the primary responsibility for legal education, qualification for admission, and the discipline of legal practitioners in Ghana.

Question 2Role knowledge and related same-jurisdiction law

Which of the following describes the statutory panel composition of the Disciplinary Committee of the General Legal Council under Section 17 of Act 32?

A chairperson and two other members of the General Legal Council Correct answer.
Five members of the Ghana Bar Association selected by the President
A High Court Judge, a State Attorney, and a representative of the GBA
The Attorney-General, the Chief Justice, and the Director of Legal Education

Explanation

Section 17 of Act 32 establishes the Disciplinary Committee of the General Legal Council. The Committee consists of not less than three and not more than seven persons, appointed by the Council from among its own members, persons who hold or have held high judicial office, or former members of the Council who are in practice. A panel of at least three sits to hear a case, so a chairperson with two other Council members is the valid minimum panel.

Question 3Role knowledge and related same-jurisdiction law

A lawyer aggrieved by a decision of the Disciplinary Committee of the General Legal Council under Act 32 has a right of appeal to which body?

The Court of Appeal Correct answer.
The Supreme Court of Ghana
The High Court (Civil Division)
The Minister for Justice and Attorney-General

Explanation

Section 21 of the Legal Profession Act, 1960 (Act 32) (Right of Appeal) provides that a person aggrieved by a decision of the Disciplinary Committee has a right of appeal to the Court of Appeal of Ghana.

Question 4Role knowledge and related same-jurisdiction law

What is the statutory timeline for filing an appeal against a decision of the GLC Disciplinary Committee to the Court of Appeal under Act 32?

Within 21 days after the date on which the decision is communicated Correct answer.
Within 14 days after the decision is delivered
Within 30 days after the decision is delivered
Within 3 months after the decision is communicated

Explanation

Per Section 21 of Act 32 (Right of Appeal), an appeal against the decision of the Disciplinary Committee must be filed within 21 days from the date the decision is communicated to the aggrieved practitioner.

Question 5Role knowledge and related same-jurisdiction law

Under the Legal Profession Act, 1960 (Act 32), what is the legal effect of a lawyer practicing law without a valid annual practicing license?

It is a criminal offense, and the lawyer cannot recover fees for work done during that period Correct answer.
It is a minor administrative infraction that only results in a warning letter from the GLC
The work is valid, but the lawyer must pay a double license fee upon renewal
It constitutes an ethical breach but does not affect the lawyer's right to sue for fees

Explanation

Under Section 8 of Act 32, a person who practices without a valid annual practicing license commits an offense and is liable to a fine or imprisonment. Furthermore, the lawyer is barred from recovering fees in court for services rendered during the period they did not hold a valid license.

Question 6Role knowledge and related same-jurisdiction law

Which of the following is required for a person to be admitted to practice as a lawyer in Ghana and have their name entered on the Roll of Lawyers?

A Qualifying Certificate in Law from the GLC, good moral character, and signing the roll Correct answer.
An LL.B degree and a pass in the Ghana Bar Association entrance exam
Three years of pupillage under a lawyer of at least 5 years' standing
A letter of recommendation from the Chief Justice and the Attorney-General

Explanation

Under Section 3 and 4 of Act 32, a candidate must present a Qualifying Certificate in Law from the General Legal Council, satisfy the Council of their good moral character, take the oath, and sign the Roll of Lawyers in the presence of the Chief Justice or judicial authorities.

Question 7Role knowledge and related same-jurisdiction law

Under L.I. 2423, which rule governs the establishment and operation of a law firm partnership in Ghana, particularly concerning partnerships with non-lawyers?

Partnerships with non-lawyers are strictly prohibited for the practice of law Correct answer.
Partnerships with non-lawyers are permitted if the non-lawyer holds a minority stake
Partnerships with accountants and auditors are permitted to provide multi-disciplinary services
Partnerships with any professional are permitted as long as the firm registration is approved by the GLC

Explanation

Rule 31 of the Legal Profession (Professional Conduct and Etiquette) Rules, 2020 (L.I. 2423) prohibits a lawyer from entering into a partnership or sharing professional fees with a person who is not a lawyer. The practice of law must remain independent and exclusive to qualified legal practitioners.

Question 8Role knowledge and related same-jurisdiction law

Under L.I. 2423, what is the stance on fee-sharing or splitting professional legal fees with a non-lawyer (such as a referrer or an agent)?

It is strictly prohibited and constitutes professional misconduct Correct answer.
It is permitted if the non-lawyer is a registered clerk or firm employee
It is permitted up to 10% of the total fee as a standard referral commission
It is permitted if disclosed to and approved by the client in writing

Explanation

Rule 31 of L.I. 2423 explicitly forbids fee-sharing with non-lawyers. Sharing fees with non-lawyers compromised professional independence and violates the ban on touting and solicitation.

Question 9Role knowledge and related same-jurisdiction law

A lawyer employs a non-lawyer clerk who actively recruits clients by visiting accident wards in hospitals and promising them legal representation. Under L.I. 2423, this practice is known as:

Touting, which is professional misconduct for which the lawyer can be held responsible Correct answer.
Proactive business development, which is permitted if the lawyer provides competent service
Direct client intake, which is acceptable if the clerk is salaried rather than commissioned
Public outreach, which is allowed under the access to justice provisions

Explanation

Under Rule 8 of L.I. 2423, touting and soliciting professional employment, directly or through agents (such as employees or clerks), is strictly prohibited. The lawyer is held responsible for the conduct of their staff and faces disciplinary action for allowing touting.

Question 10Role knowledge and related same-jurisdiction law

Under L.I. 2423, a lawyer is permitted to practice as a sole proprietor, in a partnership, or as what other form of legal entity?

A legal practitioner professional company (incorporated under the Companies Act) Correct answer.
A limited liability partnership (LLP) with general business investors
A cooperative society for legal services
A multi-disciplinary limited liability company

Explanation

Rule 31 and 32 of L.I. 2423, alongside the Companies Act, allows lawyers to practice as sole proprietors, in partnerships, or as incorporated professional companies where all shareholders and directors are licensed lawyers.

Question 11Role knowledge and related same-jurisdiction law

According to Act 32, what is the maximum duration of pupillage that a newly admitted lawyer must undergo under a supervisor before they can practice independently?

Twelve (12) months Correct answer.
Six (6) months
Two (2) years
Three (3) years

Explanation

Under current General Legal Council directives and pupillage regulations, newly admitted lawyers must undergo a mandatory twelve (12) months of pupillage in an approved chambers under a senior lawyer of at least 7 years' standing.

Question 12Role knowledge and related same-jurisdiction law

Which of the following seniorities is required for a legal practitioner to qualify as a pupillage supervisor under the GLC directives?

Not less than seven (7) years' standing at the Bar Correct answer.
Not less than five (5) years' standing at the Bar
Not less than ten (10) years' standing at the Bar
Must be a Justice of the Superior Courts of Judicature

Explanation

Under the GLC guidelines for pupillage, a lawyer must have at least seven (7) years' standing on the Roll of Lawyers to qualify to supervise a pupil.

Question 13Role knowledge and related same-jurisdiction law

If a lawyer commits an act of professional misconduct in Ghana, who has the statutory authority to lodge a formal complaint with the GLC Disciplinary Committee?

Any person who is aggrieved by the lawyer's conduct, or the Attorney-General, or a judge Correct answer.
Only the President of the Ghana Bar Association
Only a client who has paid a retainer to the lawyer
Only a judge of the Superior Courts of Judicature before whom the misconduct occurred

Explanation

Under Act 32, disciplinary proceedings can be initiated by any aggrieved person (client, counter-party, or citizen), the Attorney-General, or on a referral by a judge or court officer who witnesses professional misconduct.

Question 14Role knowledge and related same-jurisdiction law

Which of the following sanctions can the Disciplinary Committee of the General Legal Council impose on a lawyer found guilty of professional misconduct?

Striking the name off the roll, suspension from practice, or a formal reprimand Correct answer.
Imprisonment for up to 5 years in a state penitentiary
Civil damages payable to the complainant up to any amount
Expulsion from the Ghana Bar Association only, without affecting their license to practice

Explanation

Under Section 16 of Act 32, the Disciplinary Committee has the power to order the striking of a lawyer's name off the Roll of Lawyers (disbarment), suspend the lawyer from practice for a specified period, or issue a formal reprimand or fine.

Question 15Role knowledge and related same-jurisdiction law

Under L.I. 2423, a lawyer is prohibited from practicing under a name that is misleading. Which of the following firm names would be considered an ethical violation?

A name containing "and Associates" when the lawyer is actually a sole practitioner with no associates Correct answer.
A name using the surnames of deceased former partners of the firm
A name consisting of the full name of the founder followed by "Law Chambers"
A name registered and approved by the Registrar General that contains the founder's initials

Explanation

Rule 33 of L.I. 2423 prohibits misleading firm names. Using "and Associates" or "Partners" when practicing as a sole practitioner without actual associates is considered misleading to the public as it misrepresents the size and capability of the firm.

Question 16Role knowledge and related same-jurisdiction law

What is the role of the General Legal Council in relation to the Ghana School of Law under Act 32?

The GLC has direct statutory oversight and responsibility for the administration of legal education at the school Correct answer.
The GLC is a subsidiary body of the school and merely advises on syllabus options
The GLC has no regulatory authority over the school, which is governed by the Ministry of Education
The GLC only issues bar certificates but has no say in the academic curriculum or examinations

Explanation

Under Section 1 of Act 32, the GLC is directly responsible for legal education in Ghana. The Ghana School of Law is the training arm established and overseen by the GLC to deliver the Professional Law Course.

Question 17Role knowledge and related same-jurisdiction law

A lawyer admitted to the bar in a foreign jurisdiction wishes to practice in Ghana. Under Act 32, what is the mandatory requirement for their admission to the Ghanaian Bar?

They must pass the Post-Call Law Course examination conducted by the GLC and satisfy citizenship or residency rules Correct answer.
They are automatically admitted upon showing proof of active practice in the foreign court
They must undergo a 3-year LL.B program at an accredited Ghanaian university
They must serve as a legal clerk in Ghana for five years before they can apply for admission

Explanation

Under Section 4 of Act 32 and GLC rules, foreign-trained lawyers or those qualified in foreign common law jurisdictions must complete the Post-Call Law Course (covering constitutional law, Ghana legal systems, and land law) and pass the exams to qualify for admission to the Ghanaian Bar.

Question 18Role knowledge and related same-jurisdiction law

Under L.I. 2423, which of the following is true regarding a lawyer operating a separate business, such as a real estate agency or consultancy, alongside their legal practice?

It is permitted only if the business is completely separate and does not compromise the lawyer's independence or lead to touting Correct answer.
It is strictly prohibited for a practicing lawyer to engage in any other trade or commercial business
It is permitted without restriction, and the lawyer can refer law clients to the business to maximize income
It is permitted only if the business is registered under the same name as the law firm

Explanation

Rule 31 and 35 of L.I. 2423 allow lawyers to engage in other businesses, provided the business is kept separate from the legal practice, does not create conflicts of interest, and is not used as a feeder or touting mechanism for the law firm.

Question 19Role knowledge and related same-jurisdiction law

Which statutory committee under the General Legal Council is directly responsible for organizing and conducting examinations for admission to the professional law course?

The Independent Examinations Committee (IEC) Correct answer.
The Judicial Council of Ghana
The Board of Legal Education
The Ghana Bar Association Examinations Directorate

Explanation

The Independent Examinations Committee (IEC) of the General Legal Council is the administrative body established to oversee and conduct examinations for admission to the Ghana School of Law and the bar examinations.

Question 20Role knowledge and related same-jurisdiction law

If a lawyer is suspended from legal practice by the GLC Disciplinary Committee, what is the status of their enrollment during the suspension period?

They cannot practice law or represent themselves as a lawyer, and their name is temporarily inactive on the roll Correct answer.
They can continue to give legal advice from their chambers but cannot appear in court
They can practice under the supervision of a senior partner in their firm
They must immediately surrender their LL.B certificate to the Registrar General

Explanation

Suspension means the lawyer's right to practice is entirely withdrawn for the duration of the suspension. They cannot perform any legal work, hold themselves out as a lawyer, or recover fees for any work during that time.

Question 21Role knowledge and related same-jurisdiction law

Under Act 32, who is the permanent Secretary of the General Legal Council?

The Judicial Secretary Correct answer.
The Director of Legal Education
The Attorney-General
The Registrar of the Supreme Court

Explanation

Under Act 32 and GLC administrative rules, the Judicial Secretary of Ghana serves as the Secretary to the General Legal Council.

Question 22Role knowledge and related same-jurisdiction law

Under L.I. 2423, which of the following is true regarding a lawyer who has been struck off the Roll of Lawyers in Ghana?

They can only be reinstated by a formal order of the General Legal Council after a petition and showing rehabilitation Correct answer.
They are eligible for automatic reinstatement after 5 years
They may practice in lower courts or tribunals that do not require formal bar membership
They can practice immediately if they obtain a foreign practicing certificate

Explanation

A lawyer struck off the roll is disbarred. Reinstatement is not automatic and requires a formal petition to the General Legal Council, demonstrating exceptional rehabilitation and good character over a long period.

Question 23Role knowledge and related same-jurisdiction law

A lawyer has a dispute with their firm partner over the sharing of partnership profits. Under L.I. 2423, what is the preferred professional approach to resolving this dispute?

They should refer the dispute to the President of the Ghana Bar Association or a senior mediator before initiating public litigation Correct answer.
They must immediately file a complaint with the GLC Disciplinary Committee
They should unilateral freeze the firm's client accounts to protect their share
They should publicize the dispute in the media to put pressure on the partner

Explanation

Under Rules governing relationships between colleagues, lawyers are expected to resolve internal disputes amicably or through professional channels (such as GBA mediation or senior arbitration) to preserve the dignity of the profession, rather than rushing into public litigation.

Question 24Role knowledge and related same-jurisdiction law

Under L.I. 2423, what is the rule regarding a lawyer practicing law while also holding a full-time position in the civil service or as a salaried employee in a private company?

They are prohibited from private practice as a advocate, except to represent their employer Correct answer.
They may run a private law firm on weekends and after official hours without restriction
They can appear in court for private clients if they obtain permission from their supervisor
They are exempt from paying annual licensing fees during their employment

Explanation

Under Rule 35 of L.I. 2423, a lawyer in full-time employment (corporate or civil service) is generally barred from engaging in private practice as an advocate for outside clients, to prevent conflicts of interest and ensure commitment to their primary employment.

Question 25Role knowledge and related same-jurisdiction law

Under Act 32, what is the legal status of an agreement between a lawyer and a client where the lawyer agrees to finance the litigation in exchange for a share of the proceeds (classic champerty)?

It is illegal and void as contrary to public policy and professional conduct rules Correct answer.
It is valid if registered with the Registrar of the High Court
It is permitted for all civil claims, provided the lawyer's share does not exceed 50%
It is permitted only in land and property disputes

Explanation

In Ghana, while structured contingency fee agreements are now permitted under strict guidelines in L.I. 2423, champerty and maintenance (where a lawyer buys into a lawsuit or promotes litigation for profit without direct interest) remain prohibited and illegal.

Question 26Role knowledge and related same-jurisdiction law

Under L.I. 2423, a lawyer must not represent a client in a matter where the lawyer is likely to be called as a:

Material witness, as this creates an irreconcilable conflict of interest Correct answer.
Mediator or arbitrator
Consultant on foreign law
Character reference in unrelated proceedings

Explanation

Rule 17 of L.I. 2423 states that a lawyer must withdraw or refuse representation if they are likely to be a material witness in the case, as the roles of advocate and witness are incompatible and compromise objectivity.

Question 27Role knowledge and related same-jurisdiction law

A lawyer wishes to open a branch office of their law firm in another region in Ghana. Under L.I. 2423, what is required?

The branch must be registered with and approved by the General Legal Council Correct answer.
They can open the branch without notifying any regulatory body
They only need the permission of the local branch of the Ghana Bar Association
Branch offices are prohibited; a firm can only have one physical location

Explanation

Under Rule 32 of L.I. 2423, a lawyer must register any branch office with the General Legal Council and ensure it is managed by a qualified resident lawyer.

Question 28Role knowledge and related same-jurisdiction law

Under L.I. 2423, if a lawyer is convicted of a criminal offense involving dishonesty or moral turpitude, what action must the GLC take?

Initiate disciplinary proceedings to strike the lawyer off the roll or suspend them Correct answer.
Wait until the lawyer serves their sentence before deciding on their status
Suspend the lawyer automatically for exactly one month
Permit them to practice only in administrative or corporate law

Explanation

Conviction for a crime involving dishonesty (e.g., fraud, stealing, perjury) constitutes a automatic ground for disciplinary action under Act 32. The GLC Disciplinary Committee will initiate proceedings to strike the lawyer off the roll, as dishonesty is incompatible with the legal profession.

Question 29Role knowledge and related same-jurisdiction law

Under the Legal Profession Act, 1960 (Act 32), who has the power to make regulations for the execution of the Act, subject to approval by Parliament?

The General Legal Council (GLC) Correct answer.
The Chief Justice alone
The President of the Ghana Bar Association
The Rules of Court Committee

Explanation

Section 53 of Act 32 empowers the General Legal Council to make rules and regulations (Legislative Instruments) for carrying out the purposes of the Act, subject to parliamentary approval. The professional conduct rules (L.I. 2423) were made under sections 23 and 53.

Question 30Role knowledge and related same-jurisdiction law

What is the statutory title of the roll maintained by the Judicial Secretary of Ghana where all admitted lawyers' names are recorded?

The Roll of Lawyers Correct answer.
The Bar Register
The Legal Directory of Ghana
The Roll of Advocates and Solicitors

Explanation

Under Section 6 of Act 32, the Judicial Secretary maintains "The Roll of Lawyers," which is the official registry of all persons admitted to practice law in Ghana.

Question 31Role knowledge and related same-jurisdiction law

Under L.I. 2423, what is the rule regarding a lawyer entering into a business transaction with a client?

It is generally prohibited unless the transaction is fair, terms are disclosed in writing, and the client is advised to seek independent legal advice Correct answer.
It is strictly prohibited under all circumstances to prevent exploitation
It is permitted without restriction as long as the lawyer does not charge for legal services in that transaction
It is permitted only if the client initiates the transaction in writing

Explanation

Rule 15 of L.I. 2423 governs transactions with clients. A lawyer must not enter into a business transaction with a client unless the transaction is fair and reasonable, fully disclosed in writing, and the client is given a reasonable opportunity to seek independent legal advice.

Question 32Role knowledge and related same-jurisdiction law

Under the client care rules in L.I. 2423, when must a lawyer provide a client with a written Letter of Engagement or Retainer Agreement?

At the commencement of representation or as soon as practicable thereafter Correct answer.
Only if the client requests one in writing
Only if the estimated fees exceed GHS 10,000
Within 30 days after the case is resolved

Explanation

Rule 21 of L.I. 2423 mandates that a lawyer must provide a client with a written Letter of Engagement at the commencement of the representation or as soon as practicable, detailing the scope of work and the fee structure.

Question 33Role knowledge and related same-jurisdiction law

Under L.I. 2423, what are the restrictions on a lawyer charging contingency fees in Ghana?

Contingency fees are allowed in civil matters if reasonable and in writing, but strictly prohibited in criminal matters Correct answer.
Contingency fees are completely prohibited in all legal matters in Ghana
Contingency fees are permitted only in criminal defense cases where the client is acquitted
Contingency fees are permitted without restriction in all civil and criminal cases

Explanation

Rule 22 of L.I. 2423 permits contingency fee agreements in civil cases, provided they are in writing, fair, and reasonable. However, contingency fees are strictly prohibited in criminal matters, as they are contrary to public policy and promote improper incentives.

Question 34Role knowledge and related same-jurisdiction law

Which of the following is a fundamental rule regarding the management of client funds under the client account rules in L.I. 2423?

Client funds must be kept in a separate, dedicated "Client Account" and never mixed with the firm's operating funds Correct answer.
Client funds can be mixed with the firm's funds if the firm maintains detailed accounting ledger entries
Interest earned on client funds in a Client Account belongs to the lawyer as administrative compensation
Client funds must be deposited directly into the personal account of the lead advocate

Explanation

Rules 42 and 43 of L.I. 2423 require that all client funds (advances, settlements, etc.) must be kept in a separate "Client Account" at a bank. Mixing client funds with firm operating funds (commingling) is a severe ethical violation.

Question 35Role knowledge and related same-jurisdiction law

Under L.I. 2423, when is a lawyer permitted to withdraw funds from a client account?

Only to make a payment to or on behalf of the client, or to pay a bill of costs delivered to the client Correct answer.
Whenever the firm faces a cash flow shortage, provided they replace it within 30 days
To pay the salaries of firm clerks and office rent
To invest in short-term treasury bills for the firm's benefit

Explanation

Rule 44 of L.I. 2423 specifies that money may only be withdrawn from a client account to make payments to or on behalf of the client, or to transfer funds to the firm's account to pay fees that have been earned and billed to the client.

Question 36Role knowledge and related same-jurisdiction law

A lawyer representing Client A in a land dispute is asked by Client B to sue Client A in an unrelated contract matter. Under L.I. 2423, what is the rule?

The lawyer cannot represent Client B against Client A without the informed, written consent of both clients Correct answer.
The lawyer can represent Client B since the contract matter is completely unrelated to the land dispute
The lawyer can represent Client B only if they assign the contract case to a junior associate in the same firm
The lawyer must immediately terminate representation of Client A to represent Client B

Explanation

Rule 14 of L.I. 2423 prohibits a lawyer from representing a client if it is directly adverse to another current client, even in unrelated matters, unless both clients give informed consent in writing and the lawyer reasonably believes they can provide competent representation to both.

Question 37Role knowledge and related same-jurisdiction law

Under L.I. 2423, what is the duration of a lawyer's duty of confidentiality to their client?

The duty continues indefinitely, even after the death of the client or termination of representation Correct answer.
The duty ends when the representation is formally terminated
The duty lasts for 7 years after the file is closed
The duty expires when the client discloses the information to any third party

Explanation

Rule 18 of L.I. 2423 states that the lawyer's duty of confidentiality survives the termination of the attorney-client relationship and the death of the client. It is a permanent obligation.

Question 38Role knowledge and related same-jurisdiction law

Which of the following represents an authorized exception to a lawyer's duty of confidentiality under L.I. 2423?

To prevent the client from committing a crime or to defend the lawyer against a charge of malpractice Correct answer.
To satisfy the curiosity of the lawyer's spouse or close colleagues
To help the police in a general investigation of the client's lifestyle
To secure a bank loan for the firm by showing the client's financial assets

Explanation

Rule 18 permits disclosure of confidential information in limited circumstances: with client consent, when required by law or court order, to prevent a crime, or to defend the lawyer in a dispute or malpractice claim initiated by the client.

Question 39Role knowledge and related same-jurisdiction law

A lawyer represents a buyer in a property transaction. The lawyer discovers that the seller is their own spouse. What is the lawyer's ethical obligation?

Disclose the relationship in writing, and withdraw unless the client gives informed written consent Correct answer.
Proceed with the transaction without disclosure, as it is a private family matter
Act for both the spouse and the client to save transaction costs
Refer the transaction to a junior associate in their firm without disclosing it to the buyer

Explanation

Rule 14 of L.I. 2423 requires full disclosure of any personal interest that conflicts with the client's interest. Representing a buyer when the seller is the lawyer's spouse is a personal conflict; written disclosure and client consent are mandatory, and if the conflict impairs objectivity, the lawyer must withdraw.

Question 40Role knowledge and related same-jurisdiction law

A lawyer holds a client's funds to pay stamp duty on a land transfer. The transaction is delayed by 6 months. What must the lawyer do with the funds during this delay?

Keep the funds in the Client Account and ensure they are accounted for in the client's ledger Correct answer.
Deposit the funds into the firm's operational account to offset administrative overhead
Invest the funds in a high-risk mutual fund to generate a profit for the firm
Return the funds immediately to the client and withdraw from the representation

Explanation

Rules 42-45 dictate that client funds held for specific purposes (like stamp duty) must remain in the Client Account, fully segregated and accounted for, until actually disbursed for that purpose.

Question 41Role knowledge and related same-jurisdiction law

Under L.I. 2423, when is a lawyer permitted to charge a client a non-refundable retainer fee?

Only if the agreement is in writing, clearly explains what the retainer covers, and the fee is reasonable Correct answer.
A retainer is always non-refundable by operation of law in Ghana
Only in criminal defense matters where the trial is expected to exceed one year
Non-refundable retainers are strictly prohibited under all circumstances

Explanation

Rule 21 and 22 allow non-refundable retainers, provided the terms are explicitly detailed in a written agreement, the client understands the nature of the fee (e.g., to secure the lawyer's availability), and the fee is reasonable under the circumstances.

Question 42Role knowledge and related same-jurisdiction law

A client instructs their lawyer to pay a bribe to a court clerk to expedite the filing of a suit. Under L.I. 2423, what is the lawyer's obligation?

Refuse the instruction, advise the client on the illegality, and withdraw if the client persists Correct answer.
Comply with the instruction, as the duty to zealously represent the client overrides court administrative rules
File a complaint against the client with the police but pay the bribe to protect the client's interest
Refer the client to a non-lawyer agent who can handle the payment

Explanation

Under Rule 12 and 18, a lawyer must not assist or counsel a client in illegal conduct. The lawyer must refuse to pay the bribe, advise the client of the criminality of the act, and withdraw from representation if the client insists on illegal methods.

Question 43Role knowledge and related same-jurisdiction law

Under L.I. 2423, what is the rule regarding a lawyer holding a lien over a client's files and documents to secure unpaid legal fees?

A lawyer may exercise a retaining lien, but it is subject to court review and must not prejudice the client's ongoing case Correct answer.
A lawyer has an absolute right to destroy client files if fees are unpaid for more than 60 days
Lien over client files is strictly prohibited; files must be returned instantly upon request
A lawyer can hold the client's passport and personal ID as security for fees

Explanation

While common law and Rule 24 recognize a solicitor's retaining lien over client papers for unpaid fees, the lawyer must not exercise the lien in a way that causes severe prejudice to the client's ongoing litigation or rights, and the court can order the release of files on security.

Question 44Role knowledge and related same-jurisdiction law

A lawyer is approached by a client who was previously represented by another lawyer in the same matter. What is the ethical requirement before the new lawyer can take over?

Ensure that the client has formally terminated the mandate of the previous lawyer, and notify the previous lawyer as a matter of professional courtesy Correct answer.
Obtain the written permission of the General Legal Council
Pay the previous lawyer's outstanding fees from the new firm's account
Refuse representation; a client cannot change lawyers in the middle of a case

Explanation

Rule 25 of L.I. 2423 and general professional etiquette require that before a new lawyer takes over a brief, they must satisfy themselves that the client has formally discharged the former lawyer, and notify the former lawyer to facilitate the smooth transfer of the file and protect outstanding liens.

Question 45Role knowledge and related same-jurisdiction law

Under L.I. 2423, which of the following details must be included in a standard bill of costs presented to a client?

A clear breakdown of professional fees, disbursements, and out-of-pocket expenses incurred Correct answer.
A summary of the firm's internal profit margins and partner salary allocations
A list of other clients who have paid similar fees for comparative purposes
The lawyer's personal bank balance and annual tax assessment

Explanation

Rule 21 requires that a bill of costs delivered to a client must be clear and detailed, distinguishing between professional charges (fees for legal services) and disbursements (court fees, transport, stamp duties paid on behalf of the client).

Question 46Role knowledge and related same-jurisdiction law

Under L.I. 2423, what is the default rule regarding the ownership of documents prepared by a lawyer for a client during the representation (e.g., pleadings, agreements)?

Documents paid for by the client belong to the client, but the lawyer may retain copies Correct answer.
All documents remain the intellectual property of the lawyer and must be returned upon case closure
Pleadings belong to the court, and agreements belong to the state
The lawyer owns the documents until the client pays a separate "document release fee"

Explanation

In general, documents prepared for and paid for by the client belong to the client. The lawyer is entitled to keep copies for their files, but must deliver the originals/client files upon termination of representation (subject to any valid lien).

Question 47Role knowledge and related same-jurisdiction law

A lawyer representing a client in a divorce proceeding is offered a percentage of the final matrimonial property settlement as their fee. Is this fee arrangement ethical under L.I. 2423?

No, contingency fees or percentage charges are prohibited in domestic relations (divorce/custody) matters Correct answer.
Yes, it is permitted if the client cannot afford an hourly rate
Yes, if the court approves the percentage allocation at the final judgment
No, domestic relations cases must be handled entirely on a pro bono basis

Explanation

Although L.I. 2423 permits reasonable contingency fees in civil cases, a fee based on a percentage of the property division in domestic relations matters (such as divorce or custody) is treated as contrary to public policy because it gives the lawyer a financial stake in the breakdown of the marriage and discourages reconciliation.

Question 48Role knowledge and related same-jurisdiction law

Under L.I. 2423, a lawyer must represent a client competently. If a lawyer realizes they lack the necessary expertise to handle a complex tax litigation case, what is their ethical obligation?

Decline the brief, or associate with a lawyer who has the necessary competence with the client's consent Correct answer.
Accept the brief anyway and learn the law as the case progresses
Accept the brief and delegate the entire work to a junior clerk without supervision
Refer the client to a tax accountant instead of a lawyer

Explanation

Rule 13 of L.I. 2423 mandates competence. A lawyer must not accept a matter they are not competent to handle unless they can associate with a competent practitioner (with client consent) or acquire the necessary competence without undue delay or expense to the client.

Question 49Role knowledge and related same-jurisdiction law

Under L.I. 2423, a lawyer who receives a settlement check from an opposing party on behalf of their client must:

Promptly notify the client, deposit the check in the Client Account, and disburse it to the client without delay Correct answer.
Hold the funds in the firm's account until the client pays all outstanding invoices for other matters
Use the money to settle the firm's taxes and then pay the balance to the client
Keep the cash in the firm's office safe for at least 30 days to clear

Explanation

Rule 42-45 require prompt notification and delivery of client funds. When a settlement is received, the lawyer must notify the client immediately, clear the check through the Client Account, and disburse the client's share without delay.

Question 50Role knowledge and related same-jurisdiction law

A client wishes to settle a case, but the lawyer believes that going to trial will result in a much larger fee for the firm. What is the lawyer's obligation?

Abide by the client's decision to settle, as the client has ultimate authority over the objectives of representation Correct answer.
Refuse to settle and proceed to trial, as the lawyer is the master of the case
Delay the settlement negotiations until the firm earns a minimum retainer amount
Withdraw from the case immediately and sue the client for lost trial fees

Explanation

Rule 12 of L.I. 2423 states that the client has the ultimate authority to decide whether to settle a matter. The lawyer must advise the client, but must abide by the client's decision.