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SOLICITORS NAMES
STATIONERY
ON PROFESSIONAL
It is quite common to observe the names of young
recently qualified solicitors appearing on the office
stationery of well established firms. More than likely,
these voung solicitors will merely be salaried assistants
whose names are placed on office stationery at their
own request. It is true that some firms are strict about
the names appearing on their office stationery and adopt
a vigorous view of "partners only". However there is
presently such a wide variance in practice that the
Council of the Society have become concerned.
From the point of view of the assistant, the placing
of his name on office stationery is purely a matter of
prestige which vests in him an ostensible authority and
responsibility with the firm. From the point of view of
the partners of the firm, it helps to satisfy an employee's
demands without real cost to them. It furthermore
helps the partners refer business to the assistant involv-
ing clients who would not be prepared to deal with
any other than a partner of the firm.
The appearance of the assistant's name on the pro-
fessional stationery of the firm will satisfy most clients
as to the assistant's standing and authority in the firm.
However the placing of an assistant's name on the
professional stationery of his employers is not without
legal effect, particularly for the assistant—Cordery on
Solicitors 6th Edition, page 468 says :
"If an associate has his name displayed on his firm's
notepaper he will generally be deemed to be a partner.
The mere fact that there is a line between his name
and those of other partners will not of itself rebut the
presumption."
It is clear from partnership law that each member of
a firm has implied authority to hind the others by acts
falling within the scope of partnership business, e.g..
if one partner receives money on behalf of the firm, in
law the firm cannot deny receipt of the money. More
important still, an undertaking given in the ordinary
course of business of the firm will hind the firm. Inno-
cent partners (and salaried assistants are ostensible
partners) will find themselves both jointly and severally
liable for such undertakings. It has come to the notice
of the Council in recent times that solicitors' personal
undertakings to pay very large sums of money have
been given by a number of large firms in somewhat
dubious circumstances on the sole authority or respon-
sibility of one partner of that firm without his colleagues
in the firm knowing anything about the undertakings.
Of course, it should hardly he necessary to point out
that most assistants seeking to have their names placed
on the professional stationery of the firm very seldom
know the true financial position of the firm. It would
he wise for such people to enquire carefully before
having their names placed on the notepaper of the
firm lest they awake one morning to discover they have
undertaken the full liabilities of their employers vis a
vis third parties—all for a salary well below partners
earnings.
The Council of the Society felt that it would he
desirable for solicitors to adopt the practice of a well
known South-Eastern firm of Solicitors in placing
partners' names in one column on the notepaper, and
assistants' names in a separate column designated
"Assistant Solicitors".
P
A T R I C K C A I K K R KY
NOTICE TO SOLICITORS
From time to time the Society receive enquiries from
persons looking for documents, wills, etc., formerly
held by deceased solicitors. The Society preserves a
register for all takeovers, amalgamations, etc., but
unfortunately same is not always complete, as solicitors
taking over a
jjracti.sedo not always notify the Society.
This register is jjarticularly helpful both to solicitors
and clients and your co-operation is requested to ensure
the register records any take-overs which have been
effected by your firm.
P .
C A F K K R K I .V
Assistant
Secretary
LAND REGISTRY-SUB DIVISION MAPS
The form of ajjplication to the Land Commission for
consent to subdivision or subletting formerly specified
that the jjart being subdivided or leased and the jjart
being retained is to be shown on a Land Registry Map.
The Land Commission have now agreed that they will
accept a suitable Ordnance Survey Map jjrojjerly and
accurately marked and the necessary amendment in the
application form has been made in due course. The
jjractice of using Ordnance Survey maps may, therefore,
cimmence immediately.
The following jjoints must he carcfully noted :
(a) Boundaries must be clearly marked on the Ord-
nance Survey Map sheets by a thin line.
(b) Such map sheets must be the latest edition of the
current largest scale maj) jjublished by Ordnance
Survey for the area.
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