The Scope and Practice of the Legal Profession 4

The Practitioner and Practitioner Types 5

Terminology 5
Traditional Categories of Lawyers 5
Examples of What Lawyers Do Daily 6
Areas that lawyers specialise in 6
Types of law Firms 6
Set-up of Law Practices 7
Solo Practitioners or Sole Proprietorships in the Law 7
Office sharing arrangements 7
Partnerships 7
Professional Corporation 8
Limited liability Company 8
Corporate Legal Departments 8
Axiom Concept Firms 9

How lawyers get engaged 10

Conditions of a Terms of Engagement 10
How Lawyers Get Paid 11
Conflict of Interest 12
Dealing with Conflict of Interest 13
Examples of when conflict check must be conducted : 13
Representation and Conflict Management 14
How To Obtain Consent Before Representation 14
What a lawyer must do when he or she suspects that there is a potential conflict : 14
What decision is made if you conclude that there is conflict : 14
Other Statutory Provisions Dealing with Conflict of Interest 14
Impact Of Social Media On Law Practice 16
Guidelines 16
Management 18
Nature and Characteristics of Management 18
The General Scope of Management 18
Importance and Role of Management 19
Why Lawyers should Study Management 19
Skills of Management 20
Evolution of Management 20
The Management theory of Frederick Taylor 20
Management theory of Jules Henri Fayol 21
Management theory of Max Weber 21
 The Human Relations Movement of Elton Mayo 22
Management Theory of Robert Greenleaf 22
Management theory of Peter Drucker 23
Other management related concepts 23
The Concept of Competition 24
Michael Porter’s 5 Forces & How To Improve Competitive Positions 24

Personnel Management in Law Practice 26

Need of personnel Management 26
Nature of Personnel Management 26
Challenges of Modern Personnel Management 27
Role of Personnel Manager 27
Basics of Personnel Management in Law Practice 27
A. Recruitment & Staffing 27
B. Training and Capacity Building: 29
C. Compensation 29
D. Performance Assessment 30
Conflicts and Discipline 30
Lawyers Awareness Of Changing Things 31
Legal Assistants/Paralegals & Support Staff in a Law Firm 32
Duties of the Paralegal 32
Independent Paralegals 32
Paralegals in a Barrister Setting 32
Duties of the Senior clerk Aka The Head clerk 33
Duties of a Junior Barrister Clerk 33
Rules on Paralegal Fees 33
Chief Financial Officer (CFO) 33
Law Firm Administrator 34
Legal Secretary 34
Law Clerk 34
Court Runner 34
Law Librarian 34
Finance and Accounting as a Component of the Law Firm Practice and Management 35
Law Firm expenses and how Layers Generate Income 35
Expenditure (Expenses) 35
Expenses of Traditional law firms 35
Modern law firms 35
Sources of Account Receivables 35
Times as a concept in Law firms 36
Billable time 36
 Non-billable Time 37
Value Billing and Non-Traditional Time Based billing 37
Unethical and Unprofessional Time Compilation 37
Non-time based Charges 37
Factors affecting non-Time billing 38
Unethical Billing 38
How To Improve Finances of The Firm 38
File and Information management AKA Records Management 39
Characteristics of a good file and record system 39
Characteristics of a poor file and records system 40
organisation and Coding of Files 40
Filing Systems 40
Opening a File 41
Preservation of Client’s Property : 41
Closing, Storing & Purging Files 42
Corporate, Government, and Legal Aid Filing Methods 42
Ethics in File Management 43
Docket Management 44
Manual Docket Control Systems 44
Calendars 44
Card System 45
The Docket Cycle 45
Centralised Docket Control Cycle 45
Decentralised Docket Control Cycle 45
Combined Docket Control Cycle 46

Law Library Organisation and Management 47

Librarian Related Duties 47
Modern Library System 47
Traditional Libraries 48
 The Scope and Practice of the Legal Profession
- The practice of law involves counselling clients on legal matters, and advocating on their behalf in
transactions and disputes with other individuals, businesses, and the government. These services are
provided by attorneys licensed by the bar association within their home state. General practitioners are
available to help clients with a variety of common issues, such as personal injuries, divorce, and criminal
charges. Other attorneys restrict their practices to certain types of specialty cases, such as copyright
infringements or social security disability appeals.
- Hiring an attorney creates a fiduciary relationship. Attorneys are also under a duty to keep
communications and other information from a client confidential, and to avoid representing anyone else
whose interests conflict with the client’s interests.
- Law offices range in size from a single attorney with little or no support staff, to large international firms
with thousands of attorneys. Like other businesses, law offices with more than one practitioner can be
established as partnerships, limited liability companies, professional corporations, and other entities as
permitted by state law. Clients are either charged on a flat rate basis, or by the hour. Hourly fees are
typically deducted from a source of funds known as a “retainer,” paid by the client at the outset of the
representation.
- The practice of law requires attorneys to listen to the problems their clients are experiencing. Problems
must be analysed in light of the applicable legal principles, so the attorney can explain the client’s options
going forward.
- To give advice and help clients make strategic decisions, attorneys must have a solid understanding of the
law, and this requires a legal education.
- Ethical rules prohibit an attorney from taking a case involving a subject matter in which the attorney is not
competent. In order to grow professionally and develop new skills, attorneys network with each other
through electronic mailing lists, online discussion groups, social media, and traditional meetings and
conventions. Law firms also maintain collections of research materials and subscriptions to online services
such as West-law and LexisNexis. The goal is to keep abreast of legislation and court decisions, and to use
this information to the client’s advantage.
- Transactional Services: Another basic aspect of the practice of law involves drafting documents and
helping clients execute personal and commercial transactions. Lawyers who engage in these activities may
go their entire careers never seeing the inside of a courtroom. Common services performed by a
transactional attorney include reviewing written contracts, drafting wills and other estate planning
documents, applying for government benefits on behalf of a client, and forming business entities by
submitting the necessary filings to the secretary of state.
- Representation in Court/Litigation: Contract disputes, automobile accidents, medical malpractice, and
other such cases often result in litigation, meaning the parties file a lawsuit and use the court system to
settle their differences. These matters are handled by attorneys who specialise in adversarial legal
proceedings. Professional litigators are skilled at putting pressure on the opposing party as a means of
achieving their client’s goals. They also know how to deliver persuasive arguments to trial judges, and
how to win over juries by using the evidence to create empathy for their client and disdain for the other
party.
- Examples of Where to Find Lawyers
1. In House Attorneys
2. Government Lawyers: A-G, Statutory Entities
3. Central or local Government Departments
4. Judiciary
 5. Public Interest
6. Academics

The Practitioner and Practitioner Types

Terminology
1. Attorneys: Persons appointed to act for another in business or legal matters. Eg, Power of attorney.
Except in states where an attorney is deemed an attorney at law, it need not be a lawyer. E.g USA
2. Lawyer: A person who practices or studies law; an attorney who practices law or a counsellor.
3. Counsel: The lawyer or lawyers conducting a case
4. Senior Counsel:
5. Special Counsel: According to black’s law dictionary, a person…
6. Of Counsel: This kind of attorney is neither full partner or associate but has a special relationship at the
firm. He may be a semi-retired partner or may work a mixture of firm cases alongside his own cases. The
“Of Counsel” may also be known as special counsel. A lawyer employed by a party in a case, especially
one who although not the principal attorney of record is employed to assist in the preparation and
management of the case or in its presentation on appeal or a lawyer who is affiliated with a law firm
though not as member, partner or associate
7. General Counsel: A lawyer or a firm that represents a client in all matters but may refer extraordinary
matters like litigation, IP etc to other lawyers; or Senior Counsel. But in practice, general counsel is the
chief legal officer in a company (Think of What Rachel did)
8. Trial Lawyer
9. Advocate
10. Prosecutor: A person, especially a public official, who institutes legal proceedings against someone; also
a lawyer who conducts the case against a defendant in a criminal court. Also called prosecuting attorney.
11. Notary Public: A person authorized to perform certain legal formalities, especially to draw up or certify
contracts, deeds, and other documents for use in other jurisdictions.
12. Law Professor
13. Criminal Attorney
14. Defence Attorney
15. QC (Queen’s Counsel): A senior barrister appointed on the recommendation of the Lord Chancellor.
16. SAN: Senior advocate of Nigeria
17. SAG: Senior Advocate of Ghana. Not in practice though
18. Ambulance Chaser: Lawyers who pursue potential injury clients
19. Fee earner: a fee earner is a person who is anybody in the firm other than of counsel and a partner. It is a
terminology used to describe the situation which is to show that partners do not earn fees but bring in the
cases. However other associate members work under partner’s supervision

Traditional Categories of Lawyers

1. Solicitors: These are lawyers who provide assistance and advice on matters of law. They are usually the
first point of contact for many clients and are mostly limited to cases that do not involve the court
scenario
2. Barristers: They provide advices on specific contentious legal issues and represent clients in
Court/Dispute fora. They advice clients on the law and the strength of their case. They prepare
arguments and Court cases
3. The Solicitor-Barrister: Which is a hybrid of the solicitor and the barrister. This is what is practiced in
Ghana.
Examples of What Lawyers Do Daily
1. Advisory services on contentious issues
2. Meeting clients, finding out their needs and establishing how to help
3. Researching relevant areas of law and proposing course of action to clients
4. Drafting letters, contracts and other standard legal documents (Pleadings, Motions etc)
5. Giving legal opinions
6. Negotiating settlements to be settled out of court
7. Acting on behalf of clients in negotiations and where necessary representing them
8. Gathering and evaluation of evidence
9. Act as trustee, Agent, Guardian, Executor
10. Sit on boards
11. Administrative duties
12. Do Pro bono
13. Help reform and create changes in policies and law
14. Registrations
15. Monitor compliance
16. Assist in closings: not only closing arguments, but also closing transactions

Areas that lawyers specialise in

1. Anti-Bribery and Corruption
2. Anti-Trust and competition
3. Asset Management
4. Banking and finance
5. Capital Markets
6. Mergers and Acquisitions
7. Corporate governance
8. Emerging markets
9. Environmental and regulatory law etc
10. Insurance
11. Intellectual Property etc

Types of law Firms

I. Full Service Law Firms: These are often referred to as the “Big Law” Firms and are in themselves large.
They have sections and departments that specialise in each category of legal work like BELA.
II. Regional Firms: These are forms who are not global but international in nature
III. Global Firms: These firms may be either Magic Circle firms(White Shoe firms) or City Firms. Magic
Circle Firms are the top earning firms in terms of earnings (Top five firms in England). City firms are
firms in the top financial centres in the world
IV. Silver Circle Firms: The top 50 Earning firms below the magic circle firms
V. Professional Services Corporations: These are companies which have special privileges just because they
are owned by professionals
VI. Boutique Firms: These are firms of specialists which are not necessarily big or large
VII. White Shoe Firms: Not necessarily firms, of American origin, Originally for the elite but extended to
the top law firms in the States
VIII. Legal Zoom: An American company. Allows clients to do their legal works themselves by for
instance, assisting them online and then they pay by credit card
IX. Settle it : Been the biggest threat of lawyers in litigation in America. Created a software and the plaintiff
goes online as well as the defendants and they enter the reliefs they are seeking . The software then
 searches through all the precedents and gives an automated advise. It has been proved that 98 percent of
all applications to settle it have been settled
X. Artificial Intelligence (AI): law firms are the first targets of artificial intelligence . The most invidious
one is a software called ‘COIN’-contract intelligence owned by JP Morgan . Coin can review contract
itself. The last review eliminated 72 million dollars of legal fees. It takes the agreement, review it and
summarise it to the lawyer. last year they cut legal time by 360,000 hours-interestingly it took 10
seconds to review 599 agreements]\

Set-up of Law Practices

The practice of Law in the Private Sector
- In the private sector, law is practiced in a variety of settings:
1. Sole Proprietorships 4. Partnerships
2. Professional Corporations 5. Limited Liability entities
3. Office Sharing Arrangements 6. Corporate Law departments
Solo Practitioners or Sole Proprietorships in the Law
- A sole proprietorships exists when one person owns all the assets the business, in this case, the firm and
assumes all its debts. The sole proprietor has personal liability and thus can be sued for debts owed by the
firm
- Many attorneys begin their practices as sole proprietors and may employ other lawyers or be solo
practitioners if they choose to practice alone. where the owner-attorney employees other lawyers, they
receive a salary and not a share of the profits
- A solo practitioner could be a generalist or specialist
- Most sole proprietorships have few employees: A secretary to perform some paralegal activities otherwise
called a legal secretary; A law clerk; and legal interns(paid and unpaid)
- Sometimes solo practitioners do not have an office and may be jokingly referred to as having dog-briefs
Office sharing arrangements
- This is an arrangement where two or more attorneys, mostly fresh attorneys with independent practices
share the use and overhead of costs of an office.
- The attorneys practice alone as in a sole proprietorship, only that they share an office
- Attorneys may share an office for the following reasons:
Budget Constraints
Start-up Considerations
For the purpose of non-core income, basically to save space to rent out for extra income
To have access to equipment that would have otherwise been purchased b the lawyer himself or the
firm…(Think of Work-Shed Africa and Co-working spaces)
- In an office sharing arrangement, it is prudent to make the following considerations
That the client knows of the arrangement
That the client is aware that the arrangement does not create a partnership
That there is an office sharing agreement in place. The agreement must have an indemnity clause; a
provision to ensure that no adversarial position is taken against each other; Confidentiality clause(s)
Partnerships
- A partnership is an association of two or more individuals who jointly own a business. Each partner has a
personal liability for the debts of the business. Liability is both jointly and several. In Ghana, a company
can’t be a partner. A partnership may be limited by the laws of the country, forming what is known as a
limited partnership however in Ghana, it is not possible
- In a law partnership the attorneys share the profits and losses of the law practice that they jointly own.
- A large partnership is most likely to be divided into a series of departments and can include a number of
different categories of attorneys like: Associates, Partners; Staff Attorneys; Contract Attorneys etc
1. Partners: The founding Partners contribute to the capital that is needed to create the firm and
expand as is needed. They share the profits and losses of the firm pursuant to a partnership
agreement. The partners may create an “eat what you kill: system where the amount paid to partners
depends on the number pf new businesses they attract to the firm. Partners are in other words, the
owners of the firm and have a say in the running of the business. A partner may be a senior one or a
junior partner.
2. Associates: Associates are attorney employees of the firm who hope to become partners. They are
often hired right out of law school or from other law firms(Lateral Hires). After a certain number of
years, associates are considered for partnership, if they don't make it they usually leave the firm to
practice elsewhere; some may be invited to stay as senior associates. To cure this problem of having
to lose equally good associates, different types of partners have been created different tiers of
partners instead of the “Up or Out” system like non-equity partners
3. Staff Attorneys: These are sometimes called second tier attorneys and are employees hired with the
understanding that they will never be considered for partnership
4. Of Counsel: This kind of attorney is neither full partner or associate but has a special relationship at
the firm. He may be a semi-retired partner or may work a mixture of firm cases alongside his own
cases. The “Of Counsel” may also be known as special counsel
5. Contract Attorneys: Sometimes called project attorneys. Such attorneys are hired by the firm when
there is a temporary shortage of attorneys or needs an expertise in a certain area for a limited period.
6. Managing Partner: The head of the firm managing the Day to day affairs
- In Ghana, a company cannot be partner, in jurisdictions(UK, US) where a company can be a partner, there
may be limited liability partners and general partners
General/Senior Partner: The partner with unlimited liability; the law generally prescribes that this sort
of partner must be human. In practice the firm takes an insurance and gives an indemnity for the
general partner so that the partner is covered when a loss arises. In Ghana, a senior partner is more a
partner who is senior as compared to a senior partner in respect of a partner elsewhere.
The limited liability partner, which may be company employing other partners
Professional Corporation
- This is a law office that is organised as a corporation rather than as partnership or a sole proprietorship. It
is possible for lawyers to incorporate their practice as a professional corporation. From a tax planning
perspective it is advantageous to be a corporation rather than a partnership.
- The Corporation is a limited liability entity.
Limited liability Company
- It could also be called a limited liability partnership
- These are hybrids between the Corporation and Partnerships.
Corporate Legal Departments
- Many Large Corporations have what they call a “legal department” headed by a general counsel
- They department consists of attorneys who attend to the day to day tasks of advising the company and
handling the corporations legal affairs
- They Corporation hires these attorneys and pays them a salary.
- Where outside expertise is required, attorneys with that kind of knowledge may be simply held on as
retainers
Axiom Concept Firms
- None of the lawyers are partners
- Its more of a person managing a group of specialist lawyers who may or may not be retired
- The lawyers are somewhat retained regularly to fill temporary vacancies in other firms
 How lawyers get engaged
- Lawyer can get engaged through dog briefs, usually the “under the tree lawyer” types. These types hang
around the courts to scrounge for clients. They may also make arrangements with bail officers, clerks,
registrars etc to gain clients
- A lawyer who is properly hired enters onto a terms of engagement. The conditions of such terms may be
the result of just email exchanges, a retainer-ship agreement , etc.

Conditions of a Terms of Engagement

- The terms of engagement must be arranged in a chronological order.
1. Intro: Acceptance of the offer to work for the 8. Confidentiality
client 9. Applicable Law
2. Scope of Engagement/Services/Instructions to 10. Anti-Money Laundering requirements
be set out int he appendix or schedule 11. Data Protections
3. Conflicts of interest 12. Storage of documents
4. Fees and Cost 13. Signatures of the lawyer/firm and client
5. Commencement of services 14. Communication and Correspondence
6. Cessation of Services 15. Privileged information
7. Term of engagement
Look at the Samples below
Sample 1 assumes that all the necessary contract
requirements have taken
place
 Scope of Expenses

How Lawyers Get Paid

- There are essentially three models:
- Lockstep model: This model was developed in UK and spread across other jurisdictions. It is the most
popular model. Here, a lawyer within a particular band is paid the same amount of money. Eg associates
between 3-5 years will earn same. It doesn’t matter how much work he or she brings in or do.
- Eat what you kill: Developed in America. Based on the briefs you bring in.
- Percentage principle: There is no salary but you take a percentage of the cases you bring in.
 Conflict of Interest
- The Governing Lawyers: There is substantial risk that the lawyer’s representation of the client would be
materially and adversely affected by the lawyers own interest or by the lawyers duties to another current, a
former client or a third person
- Conflicts of interests per the Law Society of UK means any situation where:
i. The lawyer owes separate duties to act in the best interests of two or more clients in relation to the
same or related matters, and those duties conflict, or there is a significant risk that those duties may
conflict (a ‘client conflict’);or
ii. It is in his duty to act in the best interests of any client in relation to a matter conflicts, or there is a
significant risk that it may conflict, with your own interests in relation to that or a related matter (an
'own interest conflict’)
- The key question is whether the lawyer’s exercise of independent professional judgment is likely to be
unduly influenced by other interests. In making that determination, it is often helpful to ascertain whether
the due to the presence of an interest, the lawyer is likely to act different from a truly independent lawyer
- The extent to which lawyers will confront potential conflicts of interest is influenced by the size, type, and
location of practice. For example, lawyers in specialised practice areas, or serving tight-knit ethnic
communities, or practicing in small towns are more susceptible to conflicts owing to the interrelationships
among their constituencies
- It is important to check for conflict always when approached by a client
- Changes in clients’ affiliations or mergers may lead to conflicts and must be monitored. Conflicts may be
created when companies merge or engage in takeovers, for example, or where families change through
divorce and remarriage. Initial conflict checks will not always avoid conflicts brought about by
unanticipated changes, thus monitoring and updating are necessary
- Conflict of interest will arise in the following cases:
1. Where the lawyer has a personal interest other than the legitimate expectation of legal fees. E.g. financial
interest in the business being formed, family ties, beneficiary of a client’s will.
2. Using information of client of unethical means. Where a lawyer has obtained information that could be
“significantly harmful” to a prospective client, that lawyer is disqualified from representing materially
adverse to that person in a substantially related matter, nor may the lawyer’s firm represent the client
without jumping through significant hoops. To avoid problems, obtain only minimum information
necessary to help decide whether to take a case, and be sure to document these conversations and enter
prospective and declined clients into your conflict-checking system.
3. In respect of corporate clients, the conflict may also arise in respect of shareholders and directors. So
You are advised to ask/check from your client who the directors and shareholders are. note that you do
the conflict only in relation to your client. if the shareholder is a corporate entity, it is prudent that you
also check the shareholders of the shareholder (corporate entity)
4. Representation of two opposing sides in a legal dispute: A lawyer cannot represent both sides in a
contested matter or sue a current client, even in an unrelated matter; but the lawyer can, with appropriate
care, represent multiple parties with similar interests. Former clients will expect some degree of loyalty
hence care must be exercise in terms of representing their competitors.
‣ R 34, GBA Code: It is a misconduct to knowingly continues to represent two or more clients in any
proceedings, action or matter, without their express joint request made after a full disclosure of the
facts where it is or has become apparent that a conflict of interest has arisen or may arise, whether
alone or in his form
 ‣ R 42, GBA Code: It is misconduct for a lawyer, having acted for a client, to act against him in the
same matter or in any other matter related thereto.
- Waiver: In some instances, you may be engaged and the conflict will be waived. Your client can waive the
conflict and hire a different lawyer so you can proceed to represent the other party.
Again the client can be a retainer on other issues and not the subject matter of the conflict which has been
waived. NB: You can only waive in non-contentious matters and not contentious matters. In non-
contentious matters, the conflict can be waived because both sides have agreed that their interest is aligned
and you the lawyer cannot be involved in discussing commercial matters but only legal issues.

Dealing with Conflict of Interest

1. Develop Conflict Checking Systems (Know Your Client): Conflict-checking software can be run in
conjunction with case management and time and billing software, making it relatively easy to check for
potential problems. Although conflict-checking systems are crucial, any system is only as good as the
data entered into it. Develop a procedure for everyone who enters data into any relevant systems to
follow, to help ensure all necessary categories are covered. There are exceptions to KYC in respect of
corporate clients. There are group of people that you don’t do KYC on.
Government
Banks and DFIs.
- It is assumed that the regulator who is the bank of Ghana has done all that-so u can even check out from
the Bank of Ghana website. Except where the Bank is a small corner surreptitious Bank. What you can
rely on is based on perhaps general knowledge or rumours
Instead of doing a KYC , you may decide to do an incumbency check : to find out whether or not the
person you representing is an incumbent person. Remember Ohene Kene case-minister of energy
negotiating for a loan for Ghana but when it was concluded he was relieved of his post so the lenders
said he was not an incumbent minister.
- After KYC, know the nature and scope of the brief . There are times that the client may not be
conflicted but the conflict may arise because of the nature of the matter
2. Workable systems for human follow-up when potential conflicts are identified, designate one or more
individuals to be responsible for ensuring and documenting that a full conflict check was performed
before work starts on any new client’s case.
3. Run a conflict check before hiring new personnel
4. Lawyers engaged in office sharing must also tread carefully to avoid disclosure of or access to client
confidences. Failure to do so may lead to imputation of conflicts.
5. Know the nature of the brief and how that may impact on conflict
Examples of when conflict check must be conducted :
I. When a potential client informs the lawyer of the intention to hire him. In otherwords, do not accept the
brief if there is a conflict. Read the terms of engagement samples : it says at this stage, there is no
conflict but if it arises I will inform you. It means a conflict can arise in the course of the transaction. –
remember opinion involving insurance company example
II. When the client gives you an idea of the scope of the instructions. In other words when the client gives
you more details. The nature can depict a conflicting situation.
III. When the client or potential client gives you the idea of the parties involved. At times there may not be
any conflict regarding the scope but a new party may join which may lead to a conflicting situation
IV. After the initial consultation, if you are approached and you check conflict at the beginning , you must
conclude it before opening a file for the client
V. When a new party enters the matter , conflict may arise
VI. When the lawyer discovers information on his or her own(or as a result of information presented by the
client) and it becomes clear that there is a conflict or a potential conflict

Representation and Conflict Management

- Determine whether the conflict is one of the few that absolutely prohibits representation under any
circumstances. Most conflicts can be waived but the fact that you legally can undertake representation
doesn’t necessarily mean you should.
- Review the practical and business issues as well as legal and ethical considerations before you consent to
the conflict. E.g. How will seeking consent and engaging in potentially conflicted representation affect
your relationship with your current and future clients? How likely is it that problems will develop? If they
do, will they affect your practice and reputation? Consent may seem like a good idea when it allows the
representation and appears to make everyone happy, but if a real likelihood of future difficulties exists,
you may well be simply delaying the inevitable.
How To Obtain Consent Before Representation
- Be careful not to inadvertently disclose confidential information to other clients while seeking their
permission to proceed.
- Ensure that you receive informed consent, which requires that you communicate “adequate information
and explanation about the material risks of and reasonably available alternatives to” the conflicted
representation.
- Consent should be in writing

What a lawyer must do when he or she suspects that there is a potential conflict :
- When it looks like a duck, when it walks like a duck , it quacks like a duck, it is likely to be a duck. So
when it is likely to be a conflict, then presume there is conflict.
I. First determine whether the lawyer should
II. Meet with the potential client
III. Collect any information form the client
IV. Represent the client
V. Continue to represent the client or act on the matter i.e. if the representation has already started
What decision is made if you conclude that there is conflict :
I. Simply reject
II. Inform the client if it arises in the course of the work
III. Ask for waiver where relevant. NB: waiver is asked in only specific instances. Conflict cannot be waived
when there is a dispute since in a dispute you cannot represent two parties. Representing two or more
criminals may lead to conflict –when they begin to lie against each other in such an instance, you will
find yourself in conflict
IV. If waiver is denied, stop and inform the potential client and refuse the representation
V. Denton’s case-there is a need for a global conflict of interest check if you are a global firm
VI. Do not obtain any confidential information from the client . Subject to the client’s consent, you may
recommend an alternate law firm. Do not recommend the law firm before you ask the client since you
may be recommending a law firm of your brother doing the same thing as yours
VII. Be very familiar with the legal profession Act and the rules of Etiquette LI 613 and understand that
for the lawyer to safeguard his integrity, he must continuously check whether there is conflict or not .

Other Statutory Provisions Dealing with Conflict of Interest

- L. I. 613 Rule 1(2) A practising lawyer shall not:
 Be a managing director or executive chairman in any company or an active partner in any business.
In a profession which conflicts with his profession as a lawyer GBA Code of Ethics
- Section 42, Act 32: A lawyer, who has acted for a client in a subject matter, cannot act for the clients’
opponent in that same subject matter.
Armah v Amugi applicants objected to the representation of the respondents by their lawyer, Joe
Reindorf, because he had previously acted as a lawyer for the family and written a warning letter to a
trespasser on the family lands. Since Joe Reindorf had acted previously for the family in respect of the
disputed land, the fear of the respondents that he might use confidential communication acquired from
the family was real.
 Impact Of Social Media On Law Practice
- Social media has infiltrated into the practice of law like any other profession. Lawyers may be involved in
the use of social media but must observe the boundaries between personal and professional use and must
recognize that ethical obligations also apply to professional conduct in an online environment. Remember
Sosu’s case
- On 5th July 2013, the General Legal Council adopted certain guidelines for lawyers to create websites &
Place their profile on the internet. The GLC noted:
With the upsurge of the internet in the 1990’s methods of communication the world over has changed
for easy and instant access to information on the spot. Hard copies of documents are changing to
electronic versions and many law libraries are converting from manual to electronic libraries. The
search for electronically on the internet and no longer through hard copies of legal directories,
journals or publications, letters fax or telephone. Some few legal firms have gone ahead to place their
profiles on the internet while the majority are waiting for directions from the regulators of the Legal
Profession, The General Legal Council.
- It is against this merging trend in Information Technology the world over that the Ghana Bar Association
adopted the International Bar Association guidelines on websites and proposed to the General legal
Council , the regulatory body for the Legal Profession to permit lawyers and law firms to create websites
and place their profiles on the internet using the guidelines below.

Guidelines
1. An intended internet profile, must include the following :
The full name of the legal firm or lawyer
The location address and postal address
The particulars of telephone contacts.
The email address
The passport pictures of the partners, associates and juniors
The history of the firm
The profile and areas of practice of the firm and or individual members of the firm
2. The firm or lawyer may subject to the approval of their clients list the names of former and current
clients in the profile.
3. Firms and lawyers cannot add phrases, adjectives and description such as “best”, “expert” among other
such phrases
4. Firms cannot add statements which are inaccurate or likely to mislead, diminish public confidence in the
legal profession, the administration of justice or otherwise bring the legal profession into disrepute.
5. Firms cannot criticise other legal firms or lawyers.
6. Firms cannot put out statements about their success rate.
7. Firms cannot put statements which are obstructive as to cause annoyance to those to whom it is directed.
8. A portal will be opened at the GBA website for firms who want to put in their profile at a discounted rate
to do so through the GBA. Individual firms will also be permitted to create their own websites.
9. The breach of these guidelines to internet profiles would amount to misconduct.
SUSPENSION OF LAWYER FRANCIS XAVIER SOSU FROM LEGAL PRACTICE
- NOTICE IS HEREBY GIVEN that Lawyer Francis Xavier Sosu is hereby suspended from legal practice
for a period of period of three (3) years commencing 2nd day of June, 2017 and ending on 1st day of June,
2020. There were two cases against him, to wit:
- Complaint of Francis Agyare against Francis Xavier Sosu
Lawyer Sosu was formally charged under Rule 9 (9) of the Legal Profession (Professional Conduct
and Etiquette) Rules, 1969 L.I. 613 that he; having assisted Mr. Francis Agyare, in Human Rights
litigation in Accra, charged him GH₵ 50,000.00 which was excessive and an over-estimation of the
services rendered to him, when he represented to him that he was offering pro bono legal services.
He was also charged under Section 19(5) of the Legal Profession Act that he, having been duly
notified, failed to appear before the Disciplinary Committee of the General Legal Council on 9th June,
2016.
Lawyer Sosu was convicted on his own plea of guilty on both counts.
- Conduct of Lawyer Francis Xavier Sosu
The Disciplinary Committee of the General Legal Council formally charged Lawyer Sosu under Rule
2(4) of the Legal Profession (Professional Conduct and Etiquette) Rules, 1969 L.I. 613 that he; while
acting as Counsel for Torgbui Afede XIV, in a matter between Torgbui Afede XIV and the Chief of
Defence Staff, Minister of Interior, Attorney General and another took to Facebook with pictures of
the parties and made comments on the case to the public with his firm’s name, address and telephone
numbers attached, with the primary motive of personal advertisement and touting.
He was further charged under Rule 2 (4) of the Legal Profession (Professional Conduct and Etiquette)
Rules, 1969 L.I. 613 that he; while acting as Counsel for Patrick Reynolds Yeboah, in a matter
between Patrick Reynolds Yeboah and M.DEX Company Limited Accra, Ledzokuku-Krowor
Municipal Assembly (LEKMA) Accra, Ghana Standard Authority Accra, National Road Safety
Commission, Accra, took to Facebook posting the Writ of Summons in the said case and made
comments to the public with his firm’s name, address and telephone numbers attached, with the
primary motive of personal advertisement and touting.
Lawyer Sosu was convicted on his own plea of guilty on both counts and was sentenced to a period of
three (3) years suspension commencing 2nd day of June, 2017 and ending on 1st day of June, 2020.
He is to be mentored by a senior for a period of one year commencing 2nd June, 2020 and ending on
1stJune, 2021. The senior to mentor him shall lodge periodic reports on him to the General Legal
Council’s Disciplinary Committee at the end of every month during the mentorship period.
- Both sentences run concurrently. During the period of suspension, he shall not hold himself out as a Legal
Practitioner or attend Chambers, or render, or purport to render any professional legal service to any
person whomsoever, wheresoever.
- The licence of Lawyer Francis Xavier Sosu to practise for the next three (3) years is hereby withdrawn
forthwith.
 Management
- Henry L. Sisk: Management is the coordination of all resources through the process of planning,
organising, directing and controlling in order to attain stated objectives.
- F. W. Taylor: Management is the art of knowing what you want to do and then seeing that it is done in the
best and cheapest way.
- Henry Fayol: To manage is to forecast and to plan, to organise to command, to coordinate and to control.
- The management function: In any management scenario, there will be an external environment, inputs to
he organisation, output in the form of problems of the client and feedback.
- Management is a daily process and cuts across 3 broad areas: Internal mechanisms, External Mechanisms
and Historical Mechanisms

Nature and Characteristics of Management

1. Management is goal-oriented: Management is not an end in itself. It is a means to achieve certain goals.
Management has no justification to exist without goals. The success of management is measured by the
extent to which the established goals one achieved.
2. Management is universal: Management is an essential element of every organised activity irrespective of
the size or type of activity. Wherever two or more persons are engaged in working for a common goal,
management is necessary
3. Management is an Integrative Force: The essence of management lies in the coordination of individual
efforts in to a team. Management reconciles the individual goals with organisational goals. As unifying
force, management creates a whole that is more than the sum of individual parts. It integrates human and
other resources
4. Management is a Social Process: Management is a social process because it is concerned with
interpersonal relations. According to Appley, “Management is the development of people not the
direction of things. A good manager is a leader not a boss. It is the pervasiveness of human element
which gives management its special character as a social process”
5. Management is a continuous Process: Management is a dynamic and an on-going process. The cycle of
management continues to operate so long as there is organised action for the achievement of group goals.
6. Management is multidisciplinary: Management has to deal with human behaviour under dynamic
conditions. Therefore, it depends upon wide knowledge derived from several disciplines like
engineering, sociology, psychology, economics, anthropology, etc. The vast body of knowledge in
management draws heavily upon other fields of study

The General Scope of Management

These are
1. Planning: In the legal context, planning involves determining the number of people to hire, cost and
control of finances, logistics. This requires an active participation of the entire organisation. With respect
to time and implementation, planning must be linked to and coordinated on different levels. Planning
must take the organisation’s available resources and flexibility of personnel into consideration as this
will guarantee continuity. In a law firm, this is illustrated by deter
2. Organising: This comprises allocating time, resources and effort. Examples include the handling of
cases, assignment of roles, meeting deadlines. There must be sufficient capital, staff and raw materials so
that the organisation can run smoothly and that it can build a good working structure.
3. Staffing: This is the aspect concerned with getting others to work. It involves the recruitment process,
and issues pertaining to retention and exit
4. Directing: Directing has to do with giving clarity to the day to day activities of the firm. It includes
decisions that must be made on a daily basis. Clarity in the implementation of cases and stuff the lawyers
deal with
5. Leading: This involves getting commitment towards objectives. It includes giving directions, ensuring
focus on the objectives and mission of the firm. When given orders and clear working instructions,
employees will know exactly what is required of them. Return from all employees will be optimised if
they are given concrete instructions with respect to the activities that must be carried out by them.
6. Controlling: Controlling concerns exercising control over the work-in-progress through supervision,
meeting deadlines, etc. By verifying whether everything is going according to plan, the organisation
knows exactly whether the activities are carried out in conformity with the plan. Control takes place in a
four-step process:
Establish performance standards based on organisational objectives
Measure and report on actual performance
Compare results with performance and standards
Take corrective or preventive measures as needed
7. Monitoring: This includes the implementation of client satisfaction, delivery and miscellaneous issues

Importance and Role of Management

1. Achievement of group goals: A human group consists of several persons, each specialising in doing a
part of the total task. Management creates team-work and coordination in the group. The manager
reconciles the objectives of the group with those of its members so that each one of them is motivated to
make his best contribution towards the accomplishment of group goals
2. Optimum utilisation of resources: Managers forecast the need for materials, machinery, money and
manpower. They ensure that the organisation has adequate resources and at the same time does not have
idle resources. They create and maintain an environment conducive to highest productivity
3. Minimisation of cost: In this era of competition no business can succeed unless it is able to supply the
required goods and services at the lowest possible cost per unit. Management directs day-to-day
operations in such a manner that all wastage and extravagance are avoided. By reducing costs and
improving efficiency, managers enable an enterprise to be competent to face competitors and earn
profits.
4. Survival and growth: Modern business operates in a rapidly changing environment. An enterprise has to
adapt itself to the changing demands of the market and society. Management keeps in touch with the
existing business environment and draws its predictions about the trends in future.
5. Generation of employment: By setting up and expanding business enterprises, managers create jobs for
the people. People earn their livelihood by working in these organisations. Managers also create such an
environment that people working in enterprise can get job satisfaction and happiness. In this way
managers help to satisfy the economic and social needs of the employees

Why Lawyers should Study Management

1. It leads to good governance
2. It aids in decision making
3. It improves on the lawyer’s interpersonal skills
4. It aids the lawyer in meeting deadlines and managing time
5. It ensures compliance with firm policies
6. It enables the lawyer meet statutory obligations
Skills of Management
1. Technical Skills: These refer to the ability and knowledge in using the equipment, technique and
procedures involved in performing specific tasks. They require specialised knowledge and proficiency in
the mechanics of particular job. A manager must know which skills should be employed in his particular
enterprise and be familiar enough with their potentiality to ask discerning questions of his technical
advisors. In addition he must understand both the role of each skill employed and interrelations between
the skills
2. Human Skills: Human skills consists of the ability to work effectively with other people both as
individual and as members of a group. These are required to win cooperation of others and to build
effective work teams. Human skills are reflected in the way a manager perceives his superiors,
subordinates and peers.
3. Conceptual Skills: These skills comprise the ability to see the whole organisation and the
interrelationships between its parts. They refer to the ability to visualise the entire picture or to consider a
situation in its totality. Conceptual skills also include the competence to understand a problem in all its
aspects and to use original thinking in solving the problem.
4. Diagnostic Skills: Diagnostic skills include the ability to determine by analysis and examination the
nature and circumstances of particular conditions. It is not only the ability to specify why something
happened but also the ability to develop certain possible outcomes. It is the ability to cut through
unimportant aspects and quickly get to the heart of the problem. Diagnostic skills require the proper
blend of analytic ability with common sense and intelligence to be effective.

Evolution of Management
- Up until the industrial age, there were 2 main approaches to management
1. The Stick and carrot approach
2. The Servant-Leadership approach
- The concept of management science entered the scenes under the influence of Adam Smith who
propounded the 3 factors of production: Land, labour, entrepreneur, where the entrepreneurs were
manages of business also known as Entrepreneur capitalists
- As business expanded, Managerial capitalists evolved. These were persons who were not entrepreneurs or
owners of the business but nevertheless performed the task of managing the business
The Management theory of Frederick Taylor
- Frederick W. Taylor propounded the Scientific Management theory
- A healthy management is based on the scientific management approach to work in which objective
standards are set by means of time, method, motion and fatigue studies.
- Taylor concentrated on the components of work rather than the structures within which it is carried out.
He argued that it is in the best interests of both worker and manager to break tasks down into components
which will enable workers to use minimum energy while producing maximum output, thereby maximising
their earnings for the least possible effort
- His theory is hugely based on the concept of ‘Time’ and extended this to man hour. So the efficiency of a
worker should be determined based on the amount of work he or she can do within an hour
- Taylor’s scientific management consisted of four principles:
1. Replace rule-of-thumb work methods with methods based on a scientific study of the tasks.
2. Scientifically select, train, and develop each employee rather than passively leaving them to train
themselves.
 3. Provide “Detailed instruction and supervision of each worker in the performance of that worker's
discrete task”.
4. Divide work nearly equally between managers and workers, so that the managers apply scientific
management principles to planning the work and the workers actually perform the tasks.
- Taylor posited that as a result of his theory it was possible to measure the productivity of labour per month
per hour and compare that productivity per machine per hour. This is what shaped the concept of time for
wages
Management theory of Jules Henri Fayol
- Fayol, a Frenchman, like Taylor was an engineer. He is generally hailed as the founder of the classical
management school not because he was the first to investigate managerial behaviour, but because he was
the first to systematise it.
- He was the first person to group management functions that today are summarised as planning,
organising, leading/Commanding, coordinating, and controlling; otherwise known as the 5 basic
functions of management
- He authored a book titled, General and Industrial Management in French that was later on translated into
English. The book contains the concept that management is an activity common to all human undertakings
which can be taught in the classroom or the workplace, home, business etc.
- He believed that management was an everyday skill which could be learnt as opposed to the belief at the
time that management was an innate skill and urged for the teaching of management as a subject in
schools
- He identified fourteen management principles:
1. Division of labour (specialisation leads to greater efficiency);
2. Authority (managers have the authority to get things done);
3. Discipline (members of the organisation need to respect the rules and regulations that govern it);
4. Unity of command (avoid conflicting and/or confusing instructions);
5. Unity of direction (only one manager should be responsible for an employee’s behaviour);
6. Subordination of individual interest to the common good (the interests of individual employees
should not take precedence over the interests of the entire organisation);
7. Remuneration (pay for work done should be fair to both the employee and the employer);
8. Centralisation (managers should retain the final responsibility);
9. Scalar chair (a single uninterrupted line of authority should run rank to rank from top management to
the lowest level position in the company);
10. Order (materials and people need to be in the right place at the right time);
11. Equity (managers should be both friendly and fair to their subordinates);
12. Stability and tenure of staff (stability and tenure should be enhanced and high staff turnover should
be avoided);
13. Initiative (subordinates should be given the freedom to formulate and carry out their own plans);
14. And esprit de corps (promoting team spirit gives the organisation a sense of unity).
Management theory of Max Weber
- Max Weber was a German socialist who developed a theory of bureaucratic management that stressed the
need for a strictly defined hierarchy governed by clearly defined regulations and lines of authority.
- Weber also believed that technical competence should be emphasised and that performance evaluations
should be made entirely on the basis of merit.
- He posited that organisations had grown beyond large and the industrial era that persons where given
“legal authority” to make decisions
- Weber also believed that personal and social roles were important to organisational structure. In one with
this managers should no just impose ideas, but consult with the workforce. That group pressure had a
better impact on productivity than other management strategies
- Max Weber identified seven characteristics of bureaucratic management:
1. Rules (formal guidelines for the behaviour of employees while they are on the job);
2. Impersonality (all employees are evaluated according to rules and objective data);
3. Division of labour (the process of dividing duties into simpler, more specialised tasks);
4. Hierarchical structure (helps control the behaviour of employees by making clear to each exactly
where he or she stands in relation to everyone else in the organisation);
5. Authority structure (determines who has the right to make decisions of varying importance at
different levels within the organisation);
6. Life-long career commitment (job security is guaranteed as long as the employees is technically
qualified and performs satisfactorily);
7. Rationality (managers operate logically and scientifically with all decisions leading directly to
achieving the organisation’s goals).
- The bureaucratic approach is most effective when the organisation is required to handle large quantities of
standard information, the needs of the customer are known and not likely to change, the technology is
routine and stable, and the organisation has to coordinate the activities of numerous employees in order to
deliver a standardised service or product to the customer
The Human Relations Movement of Elton Mayo
- Managers should become more “people-orientated”.
- Conducting experiments on conditions in the workplace and incorporating the well-published findings of
the Hawthorne Studies, Mayo declared that, “logical factors were far less important than emotional factors
in determining productive efficiency”
- He concluded that participation in social groups and “group pressure”, as opposed to organisational
structures or demands from management, had the strongest impact on worker productivity,
- The work performed by individuals has to satisfy their “personal, subjective” social needs as well as the
company’s productive requirements.
- He and other proponents of this movement therefore called for managers to “accept a new role” in their
relationship with workers; develop a new concept of authority; and help foster a new social order in the
workplace. In practice managers were encouraged to consult workers about change, take note of their
views, and to show concern for their physical and mental health.
Management Theory of Robert Greenleaf
- Robert Greenleaf reinvented the concept of Servant-Leadership
- Author of book “The Servant as a Leader”. He explained that becoming a servant-leader “begins with the
natural feeling that one was to serve” followed by the aspiration to lead.
- The concept of this theory is that as leaders lead by example, they identify with the subordinates and thus
are obeyed because the subordinates follow his example.
- Greenleaf separated leadership as a concept from the concept of management unlike Weber
- Greenleaf posited that the measure of leadership is reflected in the expansion of the followers a leader has
- Greenleaf’s “servant-leader” is intended to describe a type person-a person that has two distinct and
different roles : one as a servant and another as a leader. He describes this leader as follows :
The servant–leader is servant first…It begins with the natural feeling that one wants to serve, to serve
first. Then conscious choice brings one to aspire to lead. He is sharply different form the person who
 is a leader first, perhaps because of the need to assuage an unusual power drive to acquire material
possessions. For such it will be a later choice to serve-after leadership is established. The leader-first
and the servant –first are two extreme types. Between them there are shadings and blends that are part
of the infinite variety of human nature.
Management theory of Peter Drucker
- Peter Drucker, a mathematician is a modern day advocate for management, author of the “The End of the
Economic Man”
- Drucker insisted that management is not merely about the delivery of results(Fayol and Taylor) but rather,
entails knowledge as well as thoughts about people. He thus, sought a review of the management theories
earlier propounded. He also believes in co-operation and argued against imposition on employees by
managers.
- He says, “management is doing things right and leadership is doing right things”
- Drucker defines a manager as having two specific tasks. Nobody else in the business discharges these
tasks. And everyone charged with them works as a manager. The manager has the task of creating a true
whole that is larger than the sum of its parts, ... [and of harmonising] in every decision and action the
requirements of immediate and long-range future
- Drucker also states that the most important thing in communication is to hear what is not heard
- He invented the concept of management by objective and management by results; a systematic way of
defining objectives and setting a sequence by taking into account all factors on how that is to be achieved
- Drucker identifies three broad types of production each of which needs a different type of organisation:
1. Unique product production in which articles are produced individually
2. Needs centralisation and specialisation;
3. Mass production in which many articles are produced simultaneously and which may require a high
degree of coordination but not necessarily centralisation;
- Drucker argues for a minimum of hierarchy, decentralisation wherever possible and decisions to be taken
as far down an organisation as possible. He also argues that productivity can only be improved through
human resourcefulness, that, to liberate that resourcefulness, people must be encouraged to use their brains
productively and that they will only do that if that are given the freedom to develop their own ideas about
how to carry on the business of the organisation.
- Drucker implicitly rejects mechanistic models of management and assumes that differences of view will
arise within organisations. He integrates these tensions into his descriptions of good management and
argues that the structures and relationships an organisation has must serve the people who are to carry on
the business of the organisation, not the other way round.

Other management related concepts

- PESTLE, (Political, Economic, Social, Technology, Legal, Environment) on the other hand, identifies how
various macro environmental factors might affect an organisation and its competitive standing. This looks
to the environment and how it affects management and competition. The environment consists of the
following :
A. Political environment : what are the political issues that can affect your plans ?
B. Economic factors : inflation, GDP ratio
C. Social factors : Including demographic changes in the society. Suddenly taxis are being discarded
for UBER .
D. Technology : VPN , facebook , Facsmile etc
 E. Environment: Actual environmental issues. Eg if a client came to you and talking about renewable
energy, how you approach him should be different if he came to you on hydro energy
F. Legal : If someone goes to court to stop the law school from writing exams, that is a change in the
law.
- SWOT: Acronym for Strength, weakness, opportunity and Threats. It is a tool for planning. The strengths
and weaknesses are internal in the organisation whilst the opportunities and threats are external. Anything
outside your control which threatens you is a threat and if you can take advantage, it is an opportunity. If it
is within your control it is a weakness and if within your control you can take advantage it is a strength.

The Concept of Competition

- A manager should be able to combat competition
Michael Porter’s 5 Forces & How To Improve Competitive Positions
- This is a means of judging competition
I. Bargaining Power of Suppliers/Supplier Power: The bargaining power of suppliers is also described
as the market of inputs. Suppliers of raw materials, components, labor, and services (such as expertise) to
the firm can be a source of power over the firm when there are few substitutes. If you are making
biscuits and there is only one person who sells flour, you have no alternative but to buy it from them.
Suppliers may refuse to work with the firm or charge excessively high prices for unique resources. An
assessment of how easy it is for suppliers to drive up prices. This is driven by the: number of suppliers of
each essential input; uniqueness of their product or service; relative size and strength of the supplier; and
cost of switching from one supplier to another.
II. Threat of New Entrants: Profitable markets that yield high returns will attract new firms. This results in
many new entrants, which eventually will decrease profitability for all firms in the industry. Unless the
entry of new firms can be blocked by incumbents (which in business refers to the largest company in a
certain industry, for instance, in telecommunications, the traditional phone company, typically called the
"incumbent operator"), the abnormal profit rate will trend towards zero (perfect competition). Comes in
several forms. Look at the focus of your practice
III. Threat of Substitute: This refers to the likelihood of your customers finding a different way of doing
what you do. The existence of products outside of the realm of the common product boundaries increases
the propensity of customers to switch to alternatives. For example, tap water might be considered a
substitute for Coke, whereas Pepsi is a competitor's similar product. Increased marketing for drinking tap
water might "shrink the pie" for both Coke and Pepsi, whereas increased Pepsi advertising would likely
"grow the pie" (increase consumption of all soft drinks), albeit while giving Pepsi a larger slice at Coke's
expense.
IV. Bargaining Power of Customers/Buyers: The bargaining power of customers is also described as the
market of outputs: the ability of customers to put the firm under pressure, which also affects the
customer's sensitivity to price changes. Firms can take measures to reduce buyer power, such as
implementing a loyalty program. The buyer power is high if the buyer has many alternatives. The buyer
power is low if they act independently e.g. If a large number of customers will act with each other and
ask to make prices low the company will have no other choice because of large number of customers
pressure.
V. Competitive Rivalry: For most industries the intensity of competitive rivalry is the major determinant
of the competitiveness of the industry. Factors such as degree of transparency, level of advertising costs
have a huge influence on the competitiveness of the company. This looks at the number and strength of
your competitors. How many rivals do you have? Who are they, and how does the quality of their
products and services compare with yours? Where rivalry is intense, companies can attract customers
with aggressive price cuts and high-impact marketing campaigns. Also, in markets with lots of rivals,
your suppliers and buyers can go elsewhere if they feel that they're not getting a good deal from you.
 Personnel Management in Law Practice
- Personnel Management may be defined as obtaining, using and maintaining a satisfied workforce. It is
an administrative function of an organisation that exists to provide the personnel need for organisational
activities and to manage the general employer-employee relationship
- According to Flippo, “Personnel management is the planning, organising, compensation, integration and
maintenance of people for the purpose of contributing to organisational, individual and societal goals.”
- According to Brech, “Personnel Management is that part which is primarily concerned with human
resource of organisation.”
- It may also be described as the planning, organising, directing and controlling of the procurement,
development, compensation, integration, maintenance & separation of human resources to the end that
individual, organisational, and societal objectives are accomplished.
- BEACH (1970) rightly points out that: “Personnel Management is not primarily a kit of tools to be used to
control and direct employees. It is, rather, a frame of reference, an understanding of why and how, and an
application of theory, concepts and principles.”
- Personnel management involves planning, organising and controlling the procurement, development,
compensation, maintenance and integration of human resources of an organisation. It consists of the
following activities: (a) manpower planning (b) recruitments, (c) selection, (d) training (e) appraisal, (f)
promotions and transfers, (g) compensation, (h) employee welfare services, and (i) personnel records and
research, etc.

Need of personnel Management

1. To observation of working staff.
2. To selection of eligible and best persons according to need of organisation.
3. To provide the training for increase efficiency of staff members.
 To remove the problems of staff members. 
 Addressing employee situations in a respectful manner 
6. To develop work efficiency of human power.

Nature of Personnel Management

- Personnel management includes the function of employment, development and compensation-These
functions are performed primarily by the personnel management in consultation with other departments.
- Personnel management is an extension to general management. It is concerned with promoting and
stimulating competent work force to make their fullest contribution to the concern.
- It exists to advice and assist the line managers in personnel matters. Therefore, personnel department is a
staff department of an organisation.
- Personnel management lays emphasise on action rather than making lengthy schedules, plans, work
methods. The problems and grievances of people at work can be solved more effectively through rationale
personnel policies.
- It is based on human orientation. It tries to help the workers to develop their potential fully to the concern.
- It also motivates the employees through its effective incentive plans so that the employees provide fullest
co-operation.
- Personnel management deals with human resources of a concern. In context to human resources, it
manages both individual as well as blue-collar workers.
Challenges of Modern Personnel Management
1. Changing Mix of the Work force:
Increased numbers of minority members entering occupations requiring greater skills.
Increasing levels of formal education for the entire work force.
More female employees who may be married or have children
A steadily increasing majority of white-collar employees in place of the blue-collar.
2. Changing Personal Values of the Work force
Better morale
Better fit of work time to the employee’s “body clock”
Improving of handling of fluctuating workloads
Increased customer service
Reduced employee absenteeism
Reduced turnover
3. Changing expectations of citizen-employees
Freedom of Speech
Right to privacy
4. Changing levels of productivity
Numerous laws
Increase in new numbers of employees
Adversarial relations with labour unions
5. Changing demands of government
Procurement, development, compensation, integration, maintenance and separation

Role of Personnel Manager

- Personnel manager is the head of personnel department. He performs both managerial and operative
functions of management. His role can be summarised as:
I. Provision of assistance to top management: The top management are the people who decide and frame
the primary policies of the concern. All kinds of policies related to personnel or workforce can be framed
out effectively by the personnel manager.
II. Giving advise to the line manager as a staff specialist: Personnel manager acts like a staff advisor and
assists the line managers in dealing with various personnel matters.
III. Counsellor duties: As a counsellor, personnel manager attends problems and grievances of employees
and guides them. He tries to solve them in best of his capacity.
IV. The Personnel manager acts as a mediator: He is a linking pin between management and workers.
V. He acts as a spokesman: Since he is in direct contact with the employees, he is required to act as
representative of organisation in committees appointed by government. He represents company in
training programmes.

Basics of Personnel Management in Law Practice

B. Recruitment & Staffing
- This comprises putting right number of people, right kind of people at the right place, right time, doing the
right things for which they are suited for the achievement of goals of the organisation. It is carried out in a
set procedure. The procedure is as follows:
i. Job analysis
ii. Human ResourcePlan
iii. Job Description
iv. Job Specification
 v. Person Specification: Applicants may demonstrate their suitability through application forms, CVs
etc
vi. Recruitment: This is the process by which job vacancy is made accessible to prospective employees.
The recruitment process is subject to the laws governing employmentThe purpose of recruitment is
to staff the organisation. Recruitment may be internal or external. Internal sources of recruitment are
primarily three;Transfers, Promotions and Re-employment of ex-employees; while external sources
of recruitment include Employment at factory gate, advertisements, employment exchanges,
employment agencies, educational institutes, labour contractors, recommendations, head hunting,
Outsourcing, Shortlisting, Screening of applications etc
vii. Shortlisting
viii. Reference/Background checks
ix. Interviews
x. Selection or rejection:
xi. Physical or medical examinations: Medical tests are conducted to ensure physical fitness of the
prospective employee.
xii. Orientation and induction
xiii. Transfers, demotions, promotions, exits and separations, retirement
xiv. RE-staffing
- Selection Tests
i. Written Tests: Various written tests conducted during selection procedure are aptitude test,
intelligence test, reasoning test, personality test, etc. These tests are used to objectively assess the
potential candidate. They should not be biased. they include aptitude tests
ii. Personality Tests
iii. Assessment Centres
Legislation governing Employment
i. Labour Law
ii. CHRAJ
iii. Art 17
iv. Health and Safety Act
v. Disability Act
Emerging Issues and Policies
i. Local Content
ii. Empowerment
iii. Affirmative Action
iv. Job Satisfaction
v. Life-Work Balance
Objectives of Staffing & Personnel Management:
i. To procure right type of people for right jobs
ii. To train and develop human resources
iii. To develop personnel policies
iv. To establish desirable working relationship
v. To ensure satisfaction of the needs of the employees
Illegal Interview Questions
i. In some countries you cannot ask the question ‘are you married’-eg US. Because it is discrimination
against marriage
ii. How old are you is not allowed because it is discrimination against age
iii. Sex
 iv. Religion
v. Disability: In GH it’s not only in the Constitution but also spelt out in the disability Act . In US, it is
found to be discriminatory and an offence. In south Australia someone used previous conviction and
the employer was sanctioned
vi. Race
vii. Personal appearance

C. Training and Capacity Building:

- Training is generally imparted in two ways:
On the job training: On the job training methods are those which are given to the employees within
the everyday working of a concern. It is a simple and cost-effective training method. The in-proficient
as well as semi-proficient employees can be well trained by using such training method. The
employees are trained in actual working scenario. The motto of such training is “learning by doing.”
Instances of such on-job training methods are job-rotation, coaching, temporary promotions, etc.
Off the job training: Off the job training methods are those in which training is provided away from
the actual working condition. It is generally used in case of new employees. Instances of off the job
training methods are workshops, seminars, conferences, etc. Such method is costly and is effective if
and only if large number of employees have to be trained within a short time period. Off the job
training is also called as vestibule training, i.e., the employees are trained in a separate area (may be a
hall, entrance, reception area, etc., known as a vestibule) where the actual working conditions are
duplicated.
- Training could also take place in the following ways:
Orientation courses to give new entrants.
Service training programs.
Workshop in special areas to develop technical skills.
Short term courses
Continuing education programs
- Training provides new skills of rate employee; keeps the employee up-to-date with changes in the field;
and aims to improve efficiency
- Personal Growth And Career Development
Developing the employee is akin to investing in a valuable asset.
It acts as a source of motivation and helps the employee
Could be through mentorship, promotions and opportunities
May require counselling

D. Compensation
- A law firm manager must understand compensation and benefits. The challenge about compensation in
law firms include competitiveness. Salaries you are paying your lawyers is competitive so your lawyers
tend to compare. The most serious aspect about the competition of law firms compensation is that it is not
public. Very difficult to know what firms pay.
- The other factor about compensation is industry and country factors. If a law firm does the lock step, the
compensation takes factors in the country like the living standards in the different countries.
- Compensation Models in Law Firms
Profit based compensation. This is normally for a proper partnership (set up under the partnership
Act). In this method, the partners do not earn salaries as such but estimate the profit and make
drawings
 Contribution to business: similar to the contribution u bring to the business eg how you market
Partner compensation: This will normally be only one of the two : lock step or eat what you kill. With
a lock step, Once you become a partner u get the same compensation and doesn’t matter the work you
bring in. Another situation is what is based on experience so if you have a certain number of years as a
partner u all get the same. For eat what you kill, you get based on the cases you bring (whether you
worked on it or not)
Level of effort compensation. This is what you contribute to a particular case
Time based compensation : This is normally used for of counsel. Multiply your rate by hours
Case based compensation: This normally applies when there is more than one lawyer in the case and
the person wants to pay based on the case based compensation
Incentive based Schemes
- Challenges of Compensation in Model law firms
i. Uncertainty in income sources
ii. Cost Control challenges
iii. Competition with the salaries of both rival law firms and non-law firm employment. As a result law
firms have developed compensation methods such as the case based compensation method. The
disadvantage may be that you may not get your SSNIT etc

E. Performance Assessment
- This is the evaluation of an individual employees to determine the strengths and weakness of staff. It is a
measure of performance
- It is an appraisal and should be nonjudgmental and for the purposes of measuring productivity
- The purpose of this exercise is to lead to improved performance, award/reward, incentives for best
performances.
- Concept of Career Development : Nobody expects to remain at his level forever. Evaluation is used as a
basis for career growth.

Conflicts and Discipline

- Conflict is inevitable and will arise in the working environment and lawyers like any other managers
should be aware of this
- A lawyer must understand the principles relating to Conflict and discipline and the processes relating to
conflict: Conflict could occur between juniors and seniors and between colleagues. Disciplinary
proceedings in an organisation can go through the normal procedures . Examples of offences will include
insubordination, absent from duty etc
- The conflict may be between staff, other non-lawyers
- Grievance Procedure : Every organisation has grievances. It is good to be transparent as much as possible.
You need to understand as a lawyer grievance procedure. A lawyer should not solve grievance by slapping
.
Dealing with conflicts
1. It must be formal
2. It must be clear and well structured, eg, verbal warnings, written warnings
3. Make room for audi alteram
- Discipline
1. Verbal Warnings
2. Written Warnings
 3. Grievance procedures
4. Disciplinary Committees
5. Queries and replies

Lawyers Awareness Of Changing Things

Generational differences: As time goes on demography change.
- Maturists: think about owning house
- Baby boomers born immediately after 1945 may be very rich
- Generation X: they began this whole thing about work life balance and have been described as digital
immigrants
- Generation Y: Born between 1981 and 1995 : they like freedom and flexibility and are digital immigrants
- Generation Z: Born after 1995.
- As a law manager u need to understand these different generations so as to understand and appreciate what
your lawyers do
 Legal Assistants/Paralegals & Support Staff in a Law Firm
- As the legal industry evolves, the delivery of legal services has become more sophisticated and complex.
Although a law firm comprises of one or more lawyers, today's law firms employ many more non-lawyers
in various managerial, professional and administrative roles. Most of these positions require an entirely
different skill set than that of lawyers.
- The American Association for paralegals defines a paralegal as someone who performs substantive and
procedural legal work as authorized by law, which work, in the absence of the paralegal would be
performed by an attorney
- Practice Manager: Normally a position held in a firm of solicitors; akin to the Senior Clerk in a firm of
Barristers. Duties include overseeing all support systems; ensuring compliance and management of the
practice to enable the solicitors focus on the practice
- Other paralegal roles include Finance assistants and specialist; technology support staff; Recruitment Co-
ordinator; Training Managers; Administrative Managers
- Non-lawyers in a firm include Interns; Summer Associates; Mini-pupils; Legal Assistants, clerks
- Some law firms divide their paralegal team into two: Transactional and Litigation
- The most common fees that paralegals charge are hourly fess or contingency fees

Duties of the Paralegal

General Duties
1. Legal Research and Presentations
2. Assistance in the preparation for trials, hearings and closings
3. Analysing of information presented
4. Preparation of written reports
5. Summarisation of client testimonies
6. Organisation and tracking of case files
7. Building and maintenance of databases and files
8. In some jurisdictions, the drafting of legal documents like briefs, pleadings, legal memoranda
Administrative Duties
1. Filing papers
2. Answering phone calls
3. Maintaining and organising reference files
4. Calling clients, lawyers, experts and court personnel to schedule interviews, hearings, and meetings
5. Travel arrangements
6. Maintaining the schedule of their assigned lawyers

Independent Paralegals
- These are independent contractors who sell their paralegal services to and works under the supervision of
one of the attorneys. They could also refer to paralegals who sell their services directly to the public
without attorney supervision

Paralegals in a Barrister Setting

The barrister clerk or advocates clerk
The Senior Clerk
The legal File Clerk
General Duties
 1. Diary and practice Management: This involves all activities relating to the barrister getting to and
from court like managing court diaries, planning workload etc
2. Fees Management: Ensuring barrister’s fees are created for the work they do and are collected;
keeping accounts and arranging for the collection of fees
3. Business Development
4. Compliance Matters
5. Administrative duties
Duties of the Senior clerk Aka The Head clerk
1. Check for the potential of conflict of interests where barristers from the same chambers are representing
opposite sides
2. Discussion with clients to pair up the clients with the most suitable barristers for their problems
3. keeping of records of specialisation, skills and experience of barristers
4. Planning the timetable of cases to avoid clashes in the timetables of each barrister and between them as
well
5. Proactively seeking work for the barristers
6. informing clients of progresses in their cases
7. Monitoring of accounts and fees collection
8. Arranging meetings on behalf of barristers
9. Negotiation of fees to be charged
10. Referral of cases to a more suitable chamber where there is a lack in the expertise needed to address the
clients problem
Duties of a Junior Barrister Clerk
1. Finding statutory and case law materials
2. Carrying books, papers and robes to and from court rooms
3. Delivering urgent documents to other chambers
4. Making travel and accommodation arrangements
5. General administrative duties

Rules on Paralegal Fees

1. Paralegals must keep detailed records of tasks they perform and the time spent performing them
2. Attorneys in private firms can charge clients a separate fee of the non-clerical work done by the
paralegal
3. The amount of time a paralegal spends on a task must be reasonable in light of the nature and complexity
of the task
4. The amount of the itself must be reasonable

Chief Financial Officer (CFO)

- The CFO is a high-level financial manager. CFO roles primarily exist in the largest firms, often those
operating at a global level who have high revenues and require savvy financial management is critical.
- He directs and oversees the financial aspects of the firm including accounting, forecasting, financial
planning and analysis, budgeting and financial reporting.
- He shapes the firm's financial future and establishing operating policies, exploring growth opportunities
and protecting the firm's financial stability.
Law Firm Administrator
- Sitting at the executive level, law firm administrators; also known as executive directors, chief managing
officers (CMOs) or chief operating officers (COOs); are highly skilled non-lawyer professionals. In small
firms, this position might be called an office manager and held by a senior level paralegal or secretary.
- Their role is to manage the business side of law practice. Their role encompasses everything from strategic
vision, competitive intelligence, knowledge management, hiring, branding, marketing, human resources,
compensation, benefits, business development, technology and client service.

Legal Secretary
- A legal secretary (also known as an administrative assistant, legal assistant or executive assistant) is a
secretary who is trained in law office procedure, legal technology and legal terminology.
- While legal secretaries perform clerical functions such as filing, typing, answer the phone and organising
files, they also possess specialised, practice-specific skills and knowledge that help lawyers' practices run
smoothly. Legal secretaries usually work for one or more paralegals and/or attorneys.

Law Clerk
1. Checks conflict of interest where the barristers in the firm are working for opposing clients
2. Discuss with the client the most appropriate lawyer to handle the case.
3. Keep records of specialisation, skills and experience of barristers.
4. Negotiating fees charged with the person who instructs.
5. Planning timetable of cases.
6. Arranging meetings on behalf of barrister
7. Planning the workload of barristers to avoid clashes
8. Monitor accounts and cash
9. Proactively seeing work for the chambers

Court Runner
- Also known as a law firm messenger, the court runner files documents with the court and performs other
errands for law firm lawyers and staff. Court messengers are often law students who work part-time with a
law firm to gain legal skills and exposure to the law firm experience.

Law Librarian
- A law librarian conducts legal research using both computerised and manual methods; acquires and
preserves library materials; is an expert in legal and nonlegal research methods/tools; advises attorneys
and legal professionals on legal research methods; maintains, classifies, indexes, and stores library
materials; manages the library/legal research budget and may coordinate the use of electronic resources,
such as West-law, LexisNexis, and other services.
 Finance and Accounting as a Component of the Law Firm Practice and Management
Law Firm expenses and how Layers Generate Income
Money as a Resource to the Firm
- Account Receivables: This entails monies that the law firm will be expecting and as part of the heads of
expenses, the law firm would be spending money
- Client Account
- Trust Account: The purpose of this account is to hold monies the client asks the firm to keep for them and
not necessarily for client expenses or recoveries made on behalf of the client. The account must be in
accordance with the Anti-money laundering provisions to ensure that unscrupulous clients do not use the
account to launder money

Expenditure (Expenses)
- The expenses of a firm varies depending on the type of practice
Expenses of Traditional law firms
- This is also referred to as the Chamber System or Office Sharing Arrangements
- Expenses are narrowed down because they go into a “common pot” in other words a common fund
consisting of contributions from partners in the firm. The fund covers all expenses and money is
withdrawn usually by the office clerk or practice clerk
- Other expenses the firm incurs include:
Salaries and wages
Staff Cost: This comprises medical expenses and the like. Costs that are not directly staff related but
which are incurred or likely to be incurred by staff
Individual expenses like cost of newspapers etc
Client related expenses like filing fess, costs
Individual taxes
Modern law firms
- In modern law firms the expenses can be can be individualistic, because there is not “Common Pot” for
which expenses must enter. Examples of such expenses are ICT, Internet, Office Equipment,
Transportation, Furniture and Fittings, Corporate tax, Audit fees, salaries, staff cost etc

Sources of Account Receivables

- All expenses are met from the income the firm generates.
- According to the GBA Scale of Fees, the services that lawyers charge for may be either core income, or
non-core income
- Core Income: This refers to income generated from services and charges. This includes fixed fees, Hourly
fees, Hourly fees or fixed fees plus success fee, a hybrid of fixed fees and hourly fees. This could be
through referrals, networking, creation of briefs etc
- Non-core Income: this refers to other means of generating income other than through legal services and
charges, for example, renting out extra space in a law duplex
- According to the GBA Sale of fees, renumeration for legal services must be commensurate with the value
of the time value created as determined by the economic environment in which the service is provided.
The Scale of fees do not touch on the following areas regarding fees: Blended Rate and “Fee Cap”
- Law firm invoices may be categorised into:
1. Legal fees
2. Statutory fees like filing fees, basically fees prescribed by law
 3. Administrative expenses like transport, airfare etc

Times as a concept in Law firms

- Service or products offered by Law firms are in reality knowledge, skill, network applied over time thus
the need to compute time as a measure for payment
- Abraham Lincoln: a Lawyer’s time is his stock in trade”
- Time may be recorded using paper (a Time Sheet) or using computer software.
Time as a Major Resource
- Time is a major resource because
1. There is a competing demand for the lawyer’s time
2. Client Perception
3. Non-tangibility of service which requires time as a measure of productivity
4. Deadlines and compliance requirements
5. Impact of failure to meet deadlines
Billable time
- Billable time is charged to a client or internally to another team or organisation. It refers to the costs your
client agrees to be billed for. It is time worked on business matter that will be charged to a client according
to a contractual rate.
- In accordance with the principles of billable time, time is tracked, time tracking in its extreme form is
through the Stopwatch approach
What qualifies as billable time
- To determine what qualifies as billable time, it is important to first record all the time related to the work
done by the lawyer. This is done on the basis of rounding up
- The concept of rounding up presumes that it is impossible to accurately calculate the minutes or seconds a
lawyer spends on a task. The most common rounding up policy is the 1/10 Policy which provides that an
hour is divided into 10 with every component of that how being six minutes. The lawyer does not
necessarily use an hour, but a component of an hour rounded up. Other rounding up policies are the 1/12
policy (5 mins), the 1/6 (10 mins) policy
Components of Time-keeping transactions or time sheets
1. Date(s) the work was performed
2. Identity of lawyer performing the task:This is dependent on the policy of the firm. Some firms would
require name only, while some firms would require name and position
3. Actual time spent on the task, not the rounded up time. The concept of rounding up would only come
into play where the minutes used are less than the hour component used. for instance where the 1/10
rule is applied and the time spent is 4 minutes, then the time would have to be rounded up to 6
minutes
4. Concise description of the task
5. Total of each input
6. Overall total time to be converted into fees
Challenges in Time sheet recording
1. Vague descriptions
2. Block/Group time: This arises where the lawyer puta all things together. For example, draft
settlement terms, court attendance, conference with plaintiff over 4 hours. The components must be
individually recorded with their times not be made into a lump sum
Non-billable Time
- Non-billable time is usually spent on internal meetings, calls or emails, overcoming miscommunication, or
things like fixing bugs, code refactoring and code review, etc.
NB:
In billing it is important to note that only about 40-70% of the work done is billed because not all
times are billable as mentioned above.
Time sheets may be submitted daily, weekly, monthly depending on the firm’s policy and client needs
or terms of engagement
Value Billing and Non-Traditional Time Based billing
This is a method of billing for legal services based in factors like the complexity of the case rather than the
number of hours worked. They include the following
- This is classified as Non-traditional because they are not captured under the GBA Scale of fees
1. Blended Rate: This refers to rates where all of the parties working on a transaction or assignment for a
client are averaged. It is not simply a multiple of rates by the rounding up policy in place, but an
assumption that irrespective of who is working on the transaction, the collective agreement is that the
rate is to be averaged. The rate changes as the number of lawyers working on the assignment change
2. Flat rate: A charge or level of payment that is the same in all cases. Thus irrespective of the rates of the
parties working on the task, or of the number of lawyers on an assignment if the agreed rate is xx, it
remains xx
3. Daily rate:
4. Weekly Rate: This is on the assumption that the work a lawyer does is between Monday to Friday
5. Monthly rates where the average man-month is 22 working days
6. The Capped Fee: This is based on a client’s proposal taking into consideration his or her budget. For
instance, even the client may propose to pay the lawyer at an hourly rate or daily rate, his or her budget
is GHC 1000. Thus the fees to be charged must be within the state cap
7. Referral Fee: A lawyer who refers you to another lawyer may ask for a portion of the total fee you pay
for the case. Referral fees may be prohibited under applicable state codes of professional responsibility
unless certain criteria are met. Just like other fees, the total fee must be reasonable and you must agree to
the arrangement. Your state or local bar association may have additional information about the
appropriateness of a referral fee.
Unethical and Unprofessional Time Compilation
1. False recording
2. Padding
3. Time Dragging
Non-time based Charges
1. Retainer charges: This refers to time the client wants to retain services of the lawyer of a specific time
not related to a specific assignment. It could be a commitment only retainer or a bulk work retainer.
Commitment only retainers commit the lawyer to working not he brief of the client at any given point it
is given. Bulk work retainers demand the negotiation of a certain sum by the parties to cover all manner
of work. You can think of a retainer as a "down payment" against which future costs are billed. The
retainer is usually placed in a special account and the cost of services is deducted from that account as
they accrue. Many retainer fees are non-refundable. You always have to note that every retainership
agreement has a duration. Hence you must always be mindful of when the retainership expires.
Whether or not at the expiration , you will still continue to work. Therefore there should be a clause in
the retainer, stipulating what happens at the end of the retainership agreement. Do not let your costs or
disbursements or statutory expenses be missed with your retainer.
2. Contingency fees: The lawyer's fee is based on a percentage of the amount awarded in the case. If you
lose the case, the lawyer does not get a fee, but you will still have to pay expenses. Contingency fee
 percentages vary . A one-third fee is common. Some lawyers offer a sliding scale based on how far along
the case has progressed before it is settled. Courts may set a limit on the amount of a contingency fee a
lawyer can receive. This type of fee arrangement may be charged in personal injury cases, property
damage cases, or other cases where a large amount of money is involved. Lawyers may also be
prohibited from making contingency fee arrangements in certain kinds of cases such as criminal and
child custody matters.
3. No cure no fee arrangements
4. The loser pays principle
5. Costs and expenses incurred by the lawyer
6. Percentage based charges: this could be a percentage of cash received by the client or a percentage of the
work done by the lawyer
Factors affecting non-Time billing
1. Experience
2. Reputation
3. Specialisations
4. False expenses
5. Result based charges
6. Ethical and professional considerations like padding, time dragging etc
7. Obligations to the client
Unethical Billing
1. Padding
2. Charging lawyerly rates for paralegal work
3. False expenses
4. Unconscionably high percentage of recovery fees
5. Time-based forgery

How To Improve Finances of The Firm

I. Use legal Software
II. Enter your time dockets contemporaneously as you complete tasks throughout the day.
III. At the end of each day spend a few minutes reviewing your dockets and make any necessary corrections
or additions while things are still fresh in your mind.
IV. Don’t do accidental pro bono work. Make sure you get an adequate retainer agreement up front,
replenish it when needed, and stop work if you aren’t being paid (subject to meeting the requirements of
the Rules of Professional Conduct). Some lawyers highlight in retainers or engagement letters the fact
they will end the representation if fees are not being paid.
V. Keep the client informed of the ongoing costs of the work you are doing for them with regular billings.
Consider billing monthly, and always send reporting letters and accounts when milestones are reached to
report how the matter is progressing.
VI. Give discounts for prompt payment of bills.
 File and Information management AKA Records Management
- Information Management refers to the process of receiving or acquiring information, processing, storing
and distributing the information and ultimately disposing of, destroying or deleting the information.
- Lawyers accumulate a lot of information pertaining to clients and matters they handle. Law offices of all
types need a file system that allows them to store, track, and retrieve information about cases in a logical,
efficient, and expeditious manner. The outcome of many legal matters depends on the case information
gathered, including evidence, depositions, pleadings, discovery requests, and witness interviews. File
information generally is worthless unless it is organised and available to the legal assistants and attorneys
who will use it.
- Basic Information lawyers manage:
Diaries
Work Files
Client Files
Client Data
Time-sheets
Documents: Clients and lawyers alike
Storage systems: Electronic and physical
Firm Information: Public and confidential
- Key Requirements to know regarding documentations:
Opening of files
Keeping of active files
Conflict Check : You cannot have a file in your office which does not have a KYC and conflict
To know when to dispose off closed files (the file is not active anymore) and
Keeping safe custody of client’s property . Read over and over again consider the letter of
engagement (the 2 letters one issued by the UK lawyer rand another by the Ghanaian lawyer-read it
like 10 times from now till exams) and good accounting records
The lawyer must also keep good accounting records. This is a requirement under Act 32 and also LI
613
- When a new or existing client comes into the office with a new legal matter, a new file should
immediately be opened. The opening of a file should be standardised and requires certain information
about the legal matter.
- Colour coding files is a simple but effective way to reduce the number of misfiled documents. Files can be
colour coded in a variety of ways; for example, red-labeled files may be used for probate and green files
for criminal matters. Colour coding can also be done according to the year the case was opened or
according to the attorney handling the matter.
- After a legal matter has come to a conclusion and the final bill has been paid, the file is closed and taken
out of the storage area of active files. It is boxed up and kept in the office’s basement or an off-site storage
facility for a certain number of years, until it is destroyed or put on microfilm, microfiche, or stored
electronically on CDs or other storage devices.
- A closed file is sometimes called a “dead file” or a “retired file.” Some offices give the closed case a new
number, to differentiate it from active cases.

Characteristics of a good file and record system

1. Completeness: The files (hard copy and/or electronic) are complete and contain all of the information
relevant to the case or matter.
2. Retention: Filing procedures ensure that all items are retained for the appropriate length of time.
3. Integrity: Files are maintained so that they are accurate, sound, and reliable.
4. Ease of Use: The file structure and file access provide for quick and easy location of files. Electronic file
systems are readily available to all staff.
5. Security: Files (hard copy and electronic) are maintained in a safe environment which prevents
unauthorised access to the system as a whole or to individual files.
6. Ease of Learning: The file system is candid, straightforward, and easy for others to learn.
7. Adaptability: The file system is flexible and easy to modify if structural or functional changes in the
organisation are necessary.

Characteristics of a poor file and records system

1. Files (hardcopy and electronic) are lost and cannot be found.
2. Files are messy and disorganised.
3. Office staff is unclear about how the filing system works.
4. Attorneys and legal assistants do not trust the file system and keep their own files or keep the office’s
files in their possession.
5. Staff is constantly exasperated and frustrated over the file system.
6. Large amounts of time and money are wasted trying to find the file and information.
7. Poor-quality legal services are given to clients because of the poor filing system.
8. Electronic file systems are unreliable or do not work.

organisation and Coding of Files

- It is recommended that you organise in codes or any form of classification. However it should include
correspondence, all forms of communication, memorandum and notes, meeting records, summary , note
taking. They must be kept in a chronological order. When u take dog briefs, reduce it into writing when u
get back to the firm. the important thing is that there must be record of everything including telephone
conversations
- Keeping of original documents : Some law firms for policy reasons do not keep the original . But there are
at times you have to keep original copies eg like a will. Even that another copy is normally filed at the
court.
- Billing information must be kept. These are the bills you are sending to the client. Indicate whether it is
time based etc. Always let them know why u charging
- Records of results of legal research
- Names and details of the client
- Reference or matter number
- Separating Active and Closed Client Files
- Records of conflict :whether it arose some other day. Save that on this day u checked

Filing Systems
A. The Alphabetical System: In an alphabetic filing system, cases are stored based on the last name of the
client or name of the organisation. There is a natural tendency to alphabetise because it is a system that
most people understand. In addition, staff members do not need to memorise case numbers or use
numerical lists. On the down side, The larger the number of cases the law office is handling, the more
problems it will experience with an alphabetical system. This is because names are not all that unique;
many clients may have the same last name, unlike the numerical system where each client is identified
by a unique number. Plus the system is difficult to expand and can require constantly shifting files to
make room for more.
B. The Numerical System: In a numerical filing system, each case or legal matter is given a separate file
number. This is similar to when a case is filed with a court; a clerk assigns each action or lawsuit a
separate case number. Case identifiers can be, but do not necessarily have to be, composed of all
numbers. Variations can be used, such as alphanumeric, in which letters and numbers are used. For
instance, a letter might be used in the case number to reflect which branch office is handling the case,
and two of the numbers might reflect the year the case was filed. Another numerical filing method is to
assign a range of numbers to a particular type of case, such as 000–999 for trusts, 1,000–1,999 for tax
matters etcetera. A filing rule that sometimes bears out is that the longer the case number, the more
misfiling and other types of errors occur; shorter numbers can also be remembered more easily
C. The Bar-Coding System: Bar coding is a file management technique in which each file is tracked
according to the file’s bar code. Each time a user takes a file, the file’s bar code and user’s bar code are
scanned into a computer. The computerised system then tracks which user checked out which file. When
the file is returned, the file’s bar code is scanned back into the computer. A report can be generated any
time, listing what files are checked out and by whom. Using this system, it is possible to find the location
of files quite easily.

Opening a File
- When a new or existing client comes into the office with a new legal matter, a new file should
immediately be opened. The opening of a file should be standardised and requires certain information
about the legal matter. A file-opening form or an electronic version (sometimes called a new client/matter
form or case sheet) is customarily completed when opening a new file.
- The file opening form is used for a variety of purposes, including to check potential conflicts of interest, to
assign a new case number and attorney to the matter, to track the area or specialty of the case, to set forth
the type of fee agreement and billing frequency in the case, to enter the case in the timekeeping and billing
system, to make docketing entries (such as when the statute of limitations in the matter might run), and to
find out how the client was referred to the law office.
- Although file-opening forms are commercially available, most law offices choose to customise the form to
reflect their own needs.
- Copies of the file-opening form may be sent to the managing partner, other attorneys, accounting
department, docket-control department, and the responsible attorney.
- A client must be made completely aware before his or her file is closed. It is strongly recommended that
the law firm send a disengagement letter to the client, letting him or her know in writing that the file is
being closed and that the client can have documents, evidence, or even the whole file returned to him or
her. Electronic records also need to be purged or backed up at the same time the hard copy of the file is
closed.
- Retention of client files and client-related documents depends on the ethical rules in your state.
- Before destroying a client file, contact the client to make sure he or she does not want the file or want
something out of the file.
- When destroying client files, burn, shred, or recycle them to ensure client confidentiality.

Preservation of Client’s Property :

- Property, left to lawyer by client , whether original or not for purposes of being preserved must be well
kept by the lawyer. Examples include :
Original wills
Power of attorney
Valuable client property, such as title deeds and securities
- In addition, a lawyer must at all times keep the following :
Inventory of documents received from the client
Documents must be placed on the client’s file

Closing, Storing & Purging Files

- After a legal matter has come to a conclusion and the final bill has been paid, the file is closed and taken
out of the storage area of active files. It is boxed up and kept in the office’s basement or an off-site storage
facility for a certain number of years, until it is destroyed or put on microfilm, microfiche, or stored
electronically on CDs or other storage devices
- The period of storage is dependent on the firm’s policy and the laws of the country of the firm
- A closed file is sometimes called a “dead file” or a “retired file.” Some offices give the closed case a new
number, to differentiate it from active cases
- When to close a file:
1. You close a file when all the work for which the client is retained has come to an end or all the work
has been completed by the lawyer or where the lawyer has withdrawn for stated reason eg of conflict
of interest or the lawyer was discharged. When the client is taking his file away, it is best practice to
list everything on the file , eg folio one is this and that etc , sign the inventory and take one and keep
on top and you also keep one
2. The lawyer has reported to the client: slipping to the client ( 6 -1- 2 rule), if you don’t see the client
in 6 months for instance you close. Although you have every right to close, you must report to him
before.
3. When the final invoice of the client has been paid or the firm has written off any balance
4. When the lawyer has accounted for all balances standing to the credit in the client’s account. If there
is money and you have not accounted for it, you cannot close it. You have to account for it and
return the money
- What a lawyer does when the case ends
5. The lawyer must finalize the accounts and outstanding bills settled.
6. He must return all documents ( original/property ) back to the client subject to the engagement rules
and regulatory requirements. Eg where the client demands same be kept for him under a new
arrangement.
7. In doing all these, he must observe the requirements of the law . Eg the limitation rule regarding
keeping and destruction of documents

Corporate, Government, and Legal Aid Filing Methods

- Corporate law and government departments may arrange their matters differently. They may file matters
by subject, by department, or by other means that suit their particular industry or need.
- A fundamental law office filing consideration is whether the filing system will be centralised or
decentralised.
- A centralised file system is where a file department or file clerk stores and manages all active law office
files in one or more file rooms.
- In a decentralised file system, files are kept in various locations throughout the law office, such as each
department storing its own files or each attorney keeping his or her own files.
- Whether an office uses a centralised or decentralised system depends on the size of the office, type of
cases handled, and the needs of the personnel involved.
Ethics in File Management
1. Duty to Turn Over File When Client Fires Attorney: An attorney also has a duty to turn over to a client
his or her file when the client decides to fire an attorney and hire another one. What must be turned over
to the client depends on the ethical rules and case law
R 4, GBA Code: The papers in a brief delivered to a lawyer are the property of the client, and the
lawyer has no right to lend them to any other person without the consent of the client.
2. Confidentiality: An attorney’s duty to maintain the confidentiality of client-related matters should be a
factor when considering a law office file management system. Files must be maintained so that sensitive
information about a case or client is kept private. The confidentiality rule also does not stop once the
case is closed. Law offices should be careful to destroy or dispose of files in a manner consistent with the
confidentiality requirements.
R 38, GBA Code; R 5(30&(4) LI 613: A lawyer owes a duty of confidentiality to clients; past and
present
3. Preservation of Client Property: A client must be made completely aware before his or her file is closed.
It is strongly recommended that the law firm send a disengagement letter to the client, letting him or her
know in writing that the file is being closed and that the client can have documents, evidence, or even the
whole file returned to him or her.
 Docket Management
- Docket control is typically a law-office-specific term that refers to entering, organising, and controlling all
the appointments, deadlines, and due dates for a legal organisation. There are many legal-specific software
programs and manual systems that perform docket control functions for law offices, corporate law
departments, and government law departments.
- In many law offices, legal assistants operate the docket control system for the whole office, while in
others, legal assistants only use the system to manage and track cases
- Common docket control entries include:
Expiration dates for statutes of limitations
Judgment renewal dates
Employee-benefit annual filings
Renewal dates for copyrights, trademarks, and patents
Renewal dates for leases and licenses
Renewal dates for insurance coverage
Trial court appearance dates
Due dates for trial court briefs
Due dates on various pleadings: answers; depositions; replies to interrogatories and
requests for admissions; various motions and notices, etc.
Due dates in probate proceedings, such as inventory and appraisal dates
Appearances in bankruptcy proceedings
Action dates in commercial law matters
Due dates in corporate or security matters
Closing dates for real estate transactions
Due dates for appellate briefs and arguments
Tax return due dates
Due dates in estate matters, such as tax return dates, valuation dates, and hearing dates
Dates of stockholder meetings
Dates of board of directors meetings

Manual Docket Control Systems

- There are many types of manual docketing systems, including a simple calendar, a card system, and
others. Manual docketing systems work best for fairly small law offices. As a law office grows, manual
systems become more difficult to manage.
Calendars
- Small law offices may use simple computer calendar programs or a page-a-day calendaring system. Many
calendars provide a section to record “things to do” or reminders, in addition to providing a place to
schedule appointments.
- As cases or legal matters are opened, deadlines and reminders (i.e., “Ticklers”) are entered into the
calendar. Notices from courts, attorneys, and so forth also are entered. In addition to the due dates or
appointment date being entered, reminders also must be manually entered into the calendar. This process
of manually entering due dates and reminders can be very time consuming; for instance, if a deadline with
two reminders was entered, the whole entry would have to be manually entered a total of three times in
three places.
- In some offices, each attorney and legal assistant maintains his or her own separate calendar. The issue
with this approach is that often the attorneys and legal assistants fail to coordinate their schedules and
calendars. This can be a serious problem.
- Finally, if attorneys wanted a short list of things to be done, appointments, or critical deadlines for a day,
week, or month, it would have to be compiled and entered into a word processor by a staff member.
- Manual calendaring systems also lack the ability to track information by case. For example, if a client
asked to see all the upcoming events for his or her case, a staff person would have to go through the
calendar and manually put together a list. Depending on the case, there could be many entries. Again, this
is a time consuming process.
- Another problem with a manual calendaring system is that successive calendars must be purchased every
year (e.g., one for 2006, one for 2007, one for 2008, and so on). It is also difficult to schedule dates far in
the future—five years down the road for a statute of limitations entry, for instance—because you will need
the appropriate calendar.
- Manual calendaring systems are prone to error and time consuming to administer. Because the process is
slow and tedious, it encourages users to make as few docket entries as possible. Further, manual systems
simply do not have the flexibility and reporting capabilities that computerised versions can deliver.
Card System
- A card system (sometimes called a “tickler card system”) uses index cards or their equivalent to track
deadlines and things to be done.
- A manual card or form is used for each deadline or task to be completed and includes client name, action
to be performed, client number, reminder date, and due date. Cards can be colour-coded to indicate
different types of deadlines. In most cases, the card or slip of paper is kept in duplicate or triplicate; copies
are used as reminders and filed before the actual due date. An index-card holder or expanding file folder
with dividers for each month and each day must be maintained to file each card.
- When the date on a card tickler is reached, the card is pulled and given to the appropriate person to
perform the task, or a list of the deadlines and things to do is made.
- An individual must check the card system every day in order for it to work properly. However, if a slip is
lost or misfiled, the system breaks down. Although computerised systems may occasionally break down as
well, manual systems are far more likely to be error prone than their computerised counterparts. In
addition, like the manual calendar, any daily, weekly, or monthly report must be typed by hand.

The Docket Cycle

- The docket cycle refers to how information is entered into a case management program. There are three
primary ways that information can flow into and out of such a program: a centralised method,
decentralised method, and combined method.
Centralised Docket Control Cycle
- In a centralised docket control cycle, one person typically is responsible for entering all docket entries into
the docket program. This is usually a secretary or, in some cases, a legal assistant. In this type of system,
step one would be for a user to manually complete a docket slip. In the second step, the secretary enters
the event into the docket control program. The third step is for reports to be generated, and the last step is
for entries to be marked “done.”
Decentralised Docket Control Cycle
- In a decentralised docket control cycle, the user enters docket information directly into the computer,
controlling her or his own docket. In this type of system, the first step would be for the user to enter a
docket entry into the case management program. Second, the user views or prints reports as necessary, and
third, the user marks entries “done.” The advantage of this system is that the user has ultimate control over
his or her own docket; the disadvantage is that the user is doing the data entry instead of a clerk or
secretary.
Combined Docket Control Cycle
- In a combined docket control cycle, a user can decide whether to enter information into the program or
have a clerk or secretary do it. Some docket control programs allow multiple people to enter data into a
user’s schedule. For example, some networked docket programs allow both an attorney and his or her
secretary to enter information into the attorney’s schedule. Both have full access to the attorney’s calendar.
- In this type of system, the first step would be for either the user or a third party to enter a docket entry into
the case management program. Second, either the user or the third party views or prints reports as
necessary, and third, either the user or third party marks entries “done.” In some ways, this is the best of
both worlds, since the user still has control over his or her calendar but can delegate the data entry to
someone else.
 Law Library Organisation and Management
- Professional librarians may coordinate and manage the law library in medium to large-sized law offices. In
smaller law offices, however, legal assistants or associate attorneys may perform these duties.
- The Internet, CD-ROM libraries, and data services such as West-law and LexisNexis have changed how
and where lawyers and legal assistants access legal research. While hard copy books will probably never
be completely replaced by their electronic counterparts, many libraries are going digital, and this has
changed how libraries are managed
- As a law office’s practice changes, the library also will need to change to keep information that is current
with the needs of the law office
- Possible Holdings in a Law Library
i. Case Law vi. Periodicals xi. West-law
ii. Citators vii. Reference Works xii. Internet Access
iii. Digests viii. Statutes xiii. LexisNexis
iv. Encyclopaedias ix. Treatises
v. Index to Periodicals x. CD-ROM Libraries

Librarian Related Duties

1. Training and supervision of staff
2. Explains research techniques to lawyers and legal assistants, and answers questions
3. Compiles legislative histories and bibliographies
4. Selects and orders books, CD-ROM libraries, and other library resources
5. Reviews and approves bills for payment
6. Plans library growth
7. Catalogs and tracks library resources using computerised methods
8. Routes library-related materials to appropriate staff
9. Files loose-leaf services and other library-related documents
10. Manages check out of books and re-shelves material
11. Performs or assists legal professionals in legal research, particularly regarding computed-assisted legal
research and legal and factual research on the Internet

Modern Library System

- In Modern Library System, Library Professionals are required for:
i. Developing digital information resource base;
ii. Building Library Collection and managing information systems and networks;
iii. Providing consultancy and remote support to end users;
iv. Value addition through analysis and interpretation of information;
v. Planning, developing, delivering and marketing information products;
vi. Training and helping the end users in information search for research;
vii. Managing the contents accessible through intranet;
viii. Archiving e-resources for future use;
ix. Developing interactive website for the library and managing its contents;
x. Manage both implicit and explicit knowledge available in the library.
Traditional Libraries
- Traditional Libraries gives emphasis on storage and preservation of physical items, particularly books and
periodicals those in which librarian were a custodian of the library. Information is physically assembled in
one place; users must travel to the library to learn what is there and make use of it.
- The measure of performance of the system may be given i terms of the size of the collection and the
ability on the part of a user to retrieve a document from the collection
- A traditional library is characterised by the following:
i. Emphasis on storage and preservation of physical items, particularly books and periodicals
ii. Cataloging at a high level rather than one of detail, e.g., author and subject indexes as opposed to full
text
iii. Browsing based on physical proximity of related materials, e.g., books on sociology are near one
another on the shelves
iv. Passivity; information is physically assembled in one place; users must travel to the library to learn
what is there and make use of it
Systems that make a Law Firm Work
Systems and Technology in the Law

Calendar Systems
Calendaring is typically a generic term used to describe the recording of appointments for any type of
business. For example, an accounting or engineering firm might use a generic calendaring or scheduling
form that comes with an office suite of software programs to track appointments.