Members are reminded that a solicitor should not agree to operate in a situation where he is merely a token solicitor. He should not allow his name and status to be used by third parties, to enable third parties to conduct a legal practice.

Section 59 of the Solicitors Act, 1954 provides as follows:

1. A solicitor shall not wilfully -

1. act, in business carried on by him as a solicitor, as agent for an unqualified person so as to enable that person to act as a solicitor,
2. permit his name to be made use of, in business carried on by him as a solicitor, upon the account, or for the profit of, an unqualified person, or
3. do an act enabling an unqualified person to act as a solicitor.

1. This section shall have effect subject to the provisions of this Act and to any exemptions that may be made by regulations under section 71 of this Act.

It would not be correct to supply a client with professional notepaper to enable the client print a standard letter of demand on the solicitor's notepaper, following which the letter issues from the client.

Information relating to the debtors must be sent to the solicitor's office, the letters printed on the solicitor's professional notepaper in the solicitor's office and the letters issued from the solicitor's office.

The proper supervision of the matter is essential. In a private practice situation, only employees of the firm can be under the necessary supervision.

If a solicitor is employed in-house, only staff reporting to the solicitor can be considered to be under the solicitor's supervision.