Unit 1-3 Legal Practice and Practice Management - Vocabulary Flashcards

This set covers core terms from Unit 1 (Legal Practice and Practice Management), Unit 2 (Legal Ethics), and Unit 3 (Research and Writing Skills) including practice structures, ethics, drafting, and key reports.

Sole Proprietorship

A law practice owned and operated by a single person; not a separate legal entity; owner bears liabilities and receives profits.

Partnership

A business structure with two or more owners sharing profits, losses, and management of the practice.

Incorporated Company (separate legal entity)

A company through which a legal practice is conducted; the entity is distinct from its owners.

Work-sharing arrangements

Practice in association with others, including sharing office space or resources.

Legal Practice Act (LPA)

Statute governing how attorneys may practice: on their own account, within a commercial juristic entity, in a law clinic, in Legal Aid South Africa, or as state employees.

Advocates

Advocates operate as sole proprietors or via an incorporated company; may practice in groups with shared offices.

The Practice

The business enterprise through which legal services are rendered for financial gain.

General Client Care

Ongoing management of client relations and marketing to achieve firm goals; includes several components.

Handling Complaints

Process to address client complaints promptly and firmly, with apologies or reprimands as needed.

Information Management and Feedback to Client

Regular reporting and communication to clients to manage expectations and record-keeping.

Client Awareness

Understanding and managing client expectations and informing them about feasible outcomes.

Rendering Services

Providing legal services quickly and efficiently; confirm instructions in writing.

Etiquette

Professional conduct in communication, including prompt, courteous reception of calls.

Membership of Organizations

Using memberships (e.g., sporting/cultural/religious) as a marketing tool to reach new clients.

Sponsorships

Promotional tool allowed under Law Society rules to raise a firm’s profile.

Time management

Being punctual; planning ahead; organizing tasks by importance and urgency.

Entertaining Clients

Using client entertainment as a marketing tool, in good taste and without undue influence.

Professional Development

Staying up to date with changes in the law; responsibility lies with the practitioner.

Labor Law

Knowledge of employee relations, dismissals, CCMA, and related employment matters.

Clarity about Fees

Discussing and agreeing on fees and invoicing at the first consultation; sets expectations.

Advertising

Law Society‑permitted advertising with guidelines; no claims of being the best firm or superior to others.

Business Cards

Cards handed to potential clients; avoid indiscriminate distribution to prevent touting misconduct.

Law Society Rules

Rules governing professional conduct, including permissible sponsorships and advertising guidelines.

Cab-rank Rule

Counsel must accept cases they are competent to handle, subject to remuneration and availability.

Income Statement

Financial statement showing income and expenses over a specific period.

Balance Sheet

Statement of a firm’s financial position at a point in time: assets, liabilities, and owner’s equity.

Cash Flow Report

Report detailing cash inflows and outflows for a period.

Debtor’s Age Analysis

Report showing amounts owed by clients by aging categories.

Trust Surplus Report

Report of funds in client trust accounts available to transfer to the business account.

Fee Debit Report

Report of fees earned, used to monitor performance of fee earners.

Fidelity Fund Certificate

Certificate held by trust account advocates; allows handling of client mandates from the public.

LAWSA

A 35‑volume South African legal encyclopedia (published by LexisNexis); starting point is the index volume.

LexisNexis

Publisher of legal resources (statutes, law reports) used for research.

Juta

Publisher of South African legal materials and reports used in research.

Drafting a Legal Opinion (Format)

Format includes: TO FROM DATE RE: FACTS; Legal Question; Applicable Principles; Application; Summary and Recommendation.

Primary versus Secondary Facts

Primary facts support inferences about other facts; secondary facts are conclusions by the deponent.

Oath

Sworn statement taken in affidavits; forms part of evidentiary material.

Affidavits (Founding, Answering, Replying)

Documents in opposition or support that contain sworn statements; may include up to three affidavits in opposed applications.

Annexures

Attachments to affidavits that provide supporting documents.

Locus Standi

Legal standing to sue or participate in a case.

Jurisdiction

Authority of a court to hear a case and render a judgment.

Thumb‑up Emoji as Signature

A Canadian ruling held that a thumbs‑up emoji can have the same effect as a signature in certain contexts.

Ex Parte Applications

Applications brought by one party without the other party being present or represented.

Bilateral Applications

Applications where both parties are notified and participate.

Interim (Interlocutory) Applications

Temporary or procedural applications brought during the course of an action.

Rule 43 Applications

Interim relief mechanism commonly used in divorce proceedings; no oral evidence required.

Notice of Motion

Notice filed with an application setting out the parties, relief sought, and hearing details; accompanied by affidavits.

Contents of a Notice of Motion

Heading, notice of hearing, prayers, procedural information, including deponent details and signature.