Question of ethics

Q I am an established sole practitioner and my firm's name is my surname with the words '& Co' at the end.

I am worried that there are two other firms about to open offices in the same town one with the same firm name and the other with a similar name.

I think this will be confusing to clients and may lead to problems with the post.

Can the Law Society refuse to register the new offices if I write in explaining my concerns?

A The Society has no such power.

The choice of a firm name was governed by practice rule 11 until November 2001, when the rule was repealed.

The position is now covered by section 1(c) of the Solicitors' Publicity Code 2001, which states that a firm must not use a name or description which is misleading.

The 2001 code was intended to be deregulatory, subject to what were regarded as essential public protections.

We think it is unlikely that the Office for the Supervision of Solicitors would decide that either of the two other firms have breached the code, at least in the absence of evidence of an intention to cause confusion.

Of course, you could take up your concerns with the other firms to try to reach an agreement in the interests of future good relations with professional colleagues; you might consider approaching the local law society; or, in the last resort, consider threatening court proceedings.

Practising certificate

The Law Society's professional ethics department has produced a free booklet entitled Do I need a Practising Certificate? Solicitors can obtain a copy by telephoning the number below.

The information is also available at www.guide.lawsociety.org.uk (click on Browse the Guide, then on Chapter 32).

Telephone hotline

The professional ethics lines are open for general enquiries between 11am and 1pm, and 2pm and 4pm.

The lines are less busy in the afternoon.

It takes emergency calls outside these hours, tel: 0870 606 2577.

Question of ethics is compiled by the Law Society's professional ethics guidance team.

Send questions for publication to Austin O'Malley, the Law Society, Ipsley Court, Berrington Close, Redditch B98 0TD; DX 19114 Redditch; tel: 020 7242 1222