How often do we practitioners sign statements of truth on behalf of our clients? Should we really be doing so? When doing so, do we realise the implications? This useful book explains the position, and much more.
This book aims to be a practical guide to how certain types of document can or must be executed. It includes brief, practical guidance on the drafting of execution clauses, with a selection of specimen ones. In addition, it provides a more detailed discussion of the context, legal background and associated practice issues; for example, types of entity and how each must execute particular kinds of document.
The authors state that the main motivation for this third edition was to cover more types of organisation and how each should execute given documentation. New material encompasses charities, registered societies, universities and other higher education institutions.
The book is highly practical, clearly set out and packed with precedents. Each chapter begins with a handy checklist.
The chapter on oaths and affirmations is likely to be one of the most well-thumbed of the book. It includes religious requirements for various faiths, including for Jews, Muslims, Hindus and Rastafarians.
Back to statements of truth, though. When asking clients to sign a statement of truth, the authors remind us that legal representatives should advise clients of the contempt implications if they sign and it contains a false statement. If the legal representative signs in their own right, not having complied with relevant requirements in the CPR or FPR, they might be guilty of contempt, suggest the authors. The book deals with situations when an affidavit must be used rather than a statement. It also has a helpful section on electronic signatures.
You ought to have this publication in your legal book collection.
Authors: Mark Anderson, Victor Warner
Publisher: The Law Society, £74.95
Tony Roe is a family law arbitrator and principal of Tony Roe Divorce & Family Law Solicitors, Theale, Reading