Ghana School of Law PLC: Law Practice Management (GLC) flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Sole practitioner liability

A sole practitioner has no separate legal personality, so firm debts and negligence claims attach to the lawyer personally, and the practice has no continuity on death or retirement.

Partnership under Act 152

The Incorporated Private Partnerships Act, 1962 requires registration of the firm; partners are jointly and severally liable for firm obligations unless a limited structure is adopted.

Realisation rate

Collected cash divided by amounts billed over a period. It measures how much of billed work the firm actually recovers and exposes fee disputes and collection weaknesses.

Lock-up days

Unbilled work in progress plus unpaid invoices, expressed in days of fee income. It shows how long the firm's cash is tied up before collection.

Engagement letter contents

A client-care letter states the client, matter, scope and exclusions, fee basis, billing frequency, anticipated disbursements, and the complaints route, and should be signed before work starts.

Former client conflict

A lawyer must not act against a former client in a matter where confidential information from the earlier retainer is relevant, absent informed consent.

Duty to the court

A lawyer must not knowingly mislead the court; where the client's instructions conflict with this duty, the duty to the court prevails.

Client account separation

Client money must be held in a client or trust account separate from office money; mixing client funds with firm funds is a disciplinary breach regardless of loss.

Three-way reconciliation

At month-end, the client bank balance must equal the sum of individual client ledger balances and the client account control balance in the books.

Backup 3-2-1 rule

Keep at least three copies of data, on two different media, with one copy off-site, and test restoration rather than assuming the backup works.

Least privilege access

Each user receives only the system permissions needed for their role; shared logins defeat audit trails and weaken confidentiality controls over client data.

Matter file contents

A complete file holds the engagement letter, conflict check, client identification, correspondence, court processes, attendance notes, drafts, invoices and receipts.

Limitation diary control

Key dates such as limitation expiry and appeal windows are diarised at file opening and verified by a second person to prevent missed deadlines.

Ratio decidendi

The legal principle on which a court's decision rests; it binds lower courts within the hierarchy, unlike obiter dicta, which are persuasive only.

Per incuriam decision

A decision given in disregard of a relevant statute or binding authority; it is not binding on later courts on the point so overlooked.

BATNA

The best alternative to a negotiated agreement: what the client will do if no deal is reached. It sets the true floor for accepting a settlement.

Without prejudice rule

Settlement communications made expressly without prejudice are protected from being put before the court, encouraging frank negotiation between the parties.

Claims-made indemnity policy

Professional indemnity cover responds to claims notified during the policy period, so the policy in force at notification, not at the negligent act, pays.

Undertakings register

A record of undertakings given to third parties, the partner who authorised each, and its discharge date; undertakings bind the firm once given.

Legal Aid Commission

The statutory body providing state-funded legal representation in Ghana; lawyers taking legal aid assignments should confirm eligibility criteria and the fee arrangements.

Contemporaneous time records

Time entries recorded as work is done, rather than reconstructed later; contemporaneous records are stronger evidence if a fee dispute arises.

Imprest petty cash

A fixed float from which small payments are made against receipts; the float is restored periodically and reconciled by someone other than the custodian.

Business email compromise

Fraud in which an attacker impersonates a known contact to change bank details; changes must be verified by telephone to a known number, never by reply.

Litigation hold

Suspension of routine record destruction once a claim, complaint or proceedings are reasonably anticipated, to preserve relevant documents and data.

Deed register

A log recording receipt, storage location and release of client originals such as title deeds and wills, with the client's signed acknowledgement on collection.

Conditions precedent check

Before filing, confirm statutory notices, exhaustion of internal remedies and other preconditions are satisfied; omission can be fatal to the action.

Exhibit bundle index

A paginated bundle with an index, matched to the filed and served version, so the court and witnesses refer to the same document numbers.

Fieri facias

A writ of execution directing enforcement against the judgment debtor's goods to satisfy a judgment debt, one of several post-judgment enforcement routes.

Garnishee proceedings

Enforcement against a third party who owes money to the judgment debtor, requiring that third party to pay the judgment creditor directly.

Arbitration agreement in writing

Under the Alternative Dispute Resolution Act, 2010 (Act 798), arbitration requires a written agreement; the resulting award is final and binding with limited challenge grounds.

Run-off cover

Insurance maintained after a firm closes or a partner retires, so claims arising later can still be notified under a claims-made professional indemnity policy.

Unbundled legal services

Limited-scope engagement in which the lawyer handles discrete tasks such as drafting or advice, with the same conflict checks and engagement terms as a full retainer.