The Gazette 1974

SOLICITORS NAMES STATIONERY 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 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.se do not always notify the Society.

ON PROFESSIONAL

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

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

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. 286

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