| Commentary

37 Position of solicitor to the company

| Commentary

D: SOLICITORS, REGISTRARS

37 Position of solicitor to the company

The office of solicitor to a company is not recognised by statute, and a solicitor retained generally by the company or to undertake any particular business is not ordinarily an officer of the company1. Where a solicitor conducts litigation on behalf of a company and in the company’s name, but without having been properly retained or authorised by the company, the solicitor is personally liable to the other party for the costs of the litigation2.

Companies frequently employ lawyers as full-time employees, paying them a salary

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