Routledge Modise Incorporated became a member of Eversheds International in April 2008 and practised under “Routledge Modise in association with Eversheds” until formally changing its practising name to Eversheds on 1 July 2009. It advised The Law Society of the change in practising style on 26 June 2009.
Nine months later, the Law Society instituted legal action against the firm, claiming that the name change was in contravention of Section 23 of the Attorneys' Act and its own Rule 89.13.
Bryan Hughes, Chief Executive of Eversheds said:
"At Eversheds we have one of the best known brands in the sector. Our brand signifies high quality legal advice and service delivery and so it's important that we portray our brand consistently across the globe. This is an important victory for us."
Says Brian Biebuyck, partner at Eversheds who represented the firm:
“We disputed from the outset that we had contravened either the Act or the Rules. We also challenged that Rule 89.13 contravenes the Competition Act.
“We are very pleased that the court took a decisive stand and ruled in our favour. Whilst we are permitted to continue trading as Eversheds, we have invited the Law Society's attorney to meet to reach a practical resolution to the issue pending the promulgation of the new Legal Services Bill. It is significant that the court also commented that it was high time for the Law Society to reconsider what essentially are archaic provisions, given the environment in which we practise law in this day and age, competing against other international law firms within a global village.”
Eversheds has also laid a complaint with the Competition Commission against The Law Society, declaring its Rule 89.13 as anti-competitive. The Competition Commission still has to rule in this matter.
ENDS
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