Law Society notices

Company law committee - appointment of membersThe Law Society is seeking four members for its company law committee.

Members will formulate responses to consultations on proposals for new, and amendments to existing, company and financial services law and will promote improvements to law and procedure in these areas of practice.

The committee is currently involved in the preparation of the Companies Bill following the review of company law as well as the implementation of the Financial Services and Markets Act.

The committee meets monthly, and in addition members are expected to contribute to working parties on the more specialised areas, for example, accounting matters, insolvency and corporate governance.Applications are invited from solicitors with practice experience in company and financial services law who are able to contribute positive ideas and to commit time to the heavy workload of the committee.

At present, the committee is looking to appoint solicitors employed in commerce and industry and solicitors practising in the provinces, particularly Leeds or Newcastle upon Tyne.The Society is striving to deal with all people fairly and to ensure that its committee membership comprises a balance of society.

Applications are welcome from all, irrespective of sex, race, colour, age, sexuality or disability and appointments will be based on merit, following an open and clear selection process.For an application pack, contact Steven Durno at the Law Society on 020 7320 5726; fax: 020 7320 5673; e-mail: steven.durno@lawsociety.org.uk or write to the Law Society at 113 Chancery Lane, London WC2A 1PL; DX 56 London/Chancery Lane.The closing date for applications is 15 February 2002.

Solicitors' Publicity (Amendment) Rules 2001The Solicitors' Publicity (Amendment) Rules 2001 came into effect on 16 November 2001 (see [2001] Gazette, 29 November, 44).

The rules contain a new solicitors' publicity code which is reproduced here.

They also contain important transitional provisions relating to section 2(a) of the new code.

Copies of the amendment rules (including the transitional provisions, the new code, and a new rule 5 of the Overseas Practice Rules) are available from professional ethics, tel: 0807 606 2577, and will shortly be available on-line at: www.lawsociety.org.uk Solicitors' Publicity CodeCode dated 16 November 2001 promulgated by the Council of the Law Society with the concurrence of the Master of the Rolls under rule 2 of the Solicitors' Practice Rules 1990, regulating the publicity of:l Solicitors, registered European lawyers and recognised bodies practising in England and Wales; and,l Registered foreign lawyers practising in England and Wales in partnership with solicitors or registered European lawyers.Section 1 - general principles(a) Misleading or inaccurate publicityPublicity must not be misleading or inaccurate.(b) Clarity as to chargesAny publicity as to charges or a basis of charging must be clearly expressed.

It must be clear whether disbursements and VAT are included.(c) Name of firmA private practice must not use a name or description which is misleading.

It would be misleading for a name or description to include the word 'solicitor(s)', if none of the principals or directors (or members in the case of a limited liability partnership) is a solicitor.(d) Unsolicited visits or telephone calls(i) Practitioners must not publicise their practices by making unsolicited visits or telephone calls to a member of the public.(ii) 'Member of the public' does not include:l A current or former client;l Another lawyer;l An existing or potential professional or business connection; orl A commercial organisation or public body.(e) Addresses to the courtIt is not proper for practitioners to distribute to the press, radio or television copies of a speech or address to any court, tribunal or inquiry, except at the time and place of the hearing to persons attending the hearing, to report the proceedings.(f) International aspects of publicityPublicity intended for a jurisdiction outside England and Wales must comply with:(i) The provisions of this code; and,(ii) The rules in force in that jurisdiction concerning lawyers' publicity.Publicity intended for a jurisdiction where it is permitted will not breach this paragraph through being incidentally received in a jurisdiction where it is not permitted.(g) Practitioners' responsibility for publicityA practitioner must not authorise any other person to conduct publicity for the practitioner's practice in a way which would be contrary to this code.(h) ApplicationThis section of the code applies to all forms of publicity including stationery, advertisements, brochures, directory entries, media appearances, press releases promoting a practice, and direct approaches to potential clients and other persons, and whether conducted in person, in writing, or in electronic form.Section 2 - professional stationery(a) The letterhead of a private practice must bear the words 'regulated by the Law Society'.

(Until 30 November 2001, in the case of a letterhead carrying the statement required under rule 21 of the Investment Business Rules, the words should be 'regulated by the Law Society - authorised by the Society to conduct investment business'.)(b) The letterhead of:(i) A partnership of 20 or fewer persons, or a sole principal, must include a list of the partners or the name of the sole principal;(ii) A partnership of more than 20 persons, or a recognised body, must include either a list of the partners (or the directors, identified as such, in the case of a company, or the members, identified as such, in the case of a limited liability partnership), or a statement that a list is open to inspection at the office.(c) In a private practice, if the partners (or directors in the case of a company, or members in the case of a limited liability partnership) comprise both solicitors and foreign lawyers, the list referred to in (b)(i) or (ii) above must:(i) In the case of any solicitor, identify him or her as a solicitor;(ii) In the case of any lawyer or notary of a state (other than the UK) covered by the Establishment of Lawyers Directive 98/5/EC:l Identify the European jurisdiction(s) - local or national as appropriate - under whose professional title he or she is practising;l Give the professional title, expressed in an official language of the European state(s) concerned; and,l If the lawyer is a registered European lawyer, refer to his or her registration with the Law Society; and,(iii) In the case of any registered foreign lawyer not included in (c)(ii) above, indicate his or her professional qualification(s) as a lawyer and the country or jurisdiction of qualification.(d) Whenever a registered European lawyer is named on the letterhead used by any private or in-house practice, there must be compliance with paragraph (c)(ii) above.Section 3 - interpretation and repeal(a) In this code, words have the meanings assigned to them in rule 18 of the Solicitors' Practice Rules 1990, except that:(i) 'Letterhead' includes a fax heading; and,(ii) 'Solicitor' means a solicitor of the Supreme Court.(b) This code replaces the Solicitors' Publicity Code 1990.