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Attorneys Act, 1979 (Act No. 53 of 1979)

Rules for the Attorneys' Profession

Part VI : Conduct

Naming of partners and practice

 

46.1 Subject to rule 46.4, a member shall disclose his or her name on any letterhead used for the practice and, in the case of:
46.1.1 a partnership, the names of all the partners; or
46.1.2 a professional company, the names of all directors.

 

46.2 A member who discloses in his or her letterhead or in other publications the name of any person employed by him or her or his or her firm in any capacity shall indicate clearly that such person is not a practitioner or his or her partner or fellow director; provided that, without prior written consent of the Council, such indication shall be made by using one or more of the following words and no others:
46.2.1 where such person is a member, "consultant", "associate", "professional assistant" or "assisted by";
46.2.2 where such person is not a member, "candidate attorney", or in the case of professionals in fields other than law, such professional status as may be appropriate, or in the case of management employees, the descriptive management title.

 

46.3 A member shall practise only under a style or name which:
46.3.1 is his or her own name or the name of a former proprietor of, or partner in, such practice if he or she practises without partners; or
46.3.2 contains the names of any or all of the present partners or former partners or proprietors of or in such firm if he or she practises in partnership; or
46.3.3 is a derivative of the names referred to in rules 46.3.1 or 46.3.2, or is the name of a national or international legal practice of which the member is an employee or with which the member or his or her firm is associated or of which he or she or his or her firm forms part, unless the Council in the particular circumstances prohibits the use of that name; or

46.3.4        the Council has first approved in writing, in the case of any other name.

 

46.4 Notwithstanding the provisions of rule 46.1, it will be sufficient compliance with that rule:
46.4.1 in the case of a partnership consisting of more than twenty partners, if the names of the senior partner and managing partner (and in the case of a branch office, the names of the senior partner of the partnership and the managing partner of the branch) are disclosed on the letterhead, provided the letterhead contains a note indicating the address at which the names of all the partners will be available for inspection;

 

[RULE 46.4.2 BELOW APPLIES TO THE LSNP, KZNLS AND FSLS]:

46.4.2 in the case of a personal liability company, if the names of the Directors are disclosed as required by the Companies Act, 71 of 2008.

 

[RULE 46.4.2 BELOW APPLIES TO THE CLS ONLY]:

46.4.2 in the case of a personal liability company, consisting of more than twenty directors, if the names of the senior director and managing director (and in the case of a branch office, the names of the senior director of the company and the managing director of the branch) are disclosed on the letterhead, provided the letterhead contains a note indicating the address at which the names of all the directors will be available for inspection;