Practice rules and codes changes

On 13 January 2003, changes came into effect covering the Law Society practice rules, publicity code, separate business code, advocacy code, overseas practice rules, incorporated practice rules and accounts rules.

The changes either reflect changes in the law, or are needed to correct anomalies.

The changes are made by the Solicitors' Practice (Consequential Amendments) Rules 2003.

These rules, and an extended account of the changes, appear on the Law Society's Web site at: www.lawsociety.org.uk in 'What's New' under the title 'Rule changes 13 January 2003'.

Here is a summary of the more important changes.

One-person companies

The letterhead of a recognised body which is a company with a sole director can no longer state: 'A list of the directors is open to inspection at the office.' It must now state: 'Director - Arthur Smith', etcetera.

Accountants' reports

In the course of changing its accounting period, a practice cannot now have an accounting period longer than 12 months unless the Law Society receives written notice before the deadline for the accountant's report which would have been expected on the basis of the old accounting period.

Establishment Directive

The Establishment Directive has been extended to Iceland, Liechtenstein, Norway and Switzerland.

The requirement to register in the UK now applies to lawyers from those states.

E-Commerce Directive

To comply with the E-Commerce Directive, the publicity provisions of the overseas practice rules no longer apply to the Web site, e-mails and text messages of a solicitor practising in an EU state other than the UK.

Immigration and Asylum Act 1999

Certain members of a solicitors' practice are exempt in their own right from registration under the Immigration and Asylum Act 1999:

- A principal or employee who is a solicitor, a European Union or European Economic Area lawyer, or a registered European lawyer qualified in Switzerland; or

- A principal who is a registered foreign lawyer; or

- An employee who is a practising barrister or a fellow of the Institute of Legal Executives.

Practice rule 13 now includes a reminder that other members of staff providing immigration advice or services are only exempt if they are working under the supervision of one of those categories referred to.