What's In A Name?
By ZARAH WALPOLE
I asked a colleague for her advice from a lawyer’s perspective on how people can improve their communication skills. Her answer may surprise you. It was – “get the name right”.
My colleague is a corporate lawyer and she said she is amazed by how often she reviews contracts and discovers that an incorrect corporate name is listed as one of the parties to the contract. People use trade names, short forms, or the wrong “branch” of a corporate family. Sadly, it’s often owners and employees (not the other party) who put the wrong name into their contracts. Know the proper legal name of your company and take the time to check that you’ve got the correct name of the party you are negotiating with. Getting the name right is equally important when you are dealing with trade names. If you have a business and use a trade name, make sure your documents such as letterhead, invoices, and contracts also include the business’s legal name. Not only does getting the name wrong look sloppy but errors could result in undesirable legal consequences.
The more I thought about it, the more I realized her advice encompasses so much more than just using the correct legal name in contracts. Sending correspondence in which the recipient’s name is incorrect creates a poor first impression. Getting the name right, means taking the time and care to really know who you are dealing with. I’ve received form letters that refer to me as “Mr. Walpole”. These letters go straight into the recycling bin. On the other hand, getting a letter that includes the H in Zarah, is always a pleasant surprise (especially as it is an atypical way of spelling my already unusual name).
When I was applying for articling positions, it was generally accepted wisdom that if you spelled the name of the law firm you were applying to wrong your resume would not be read. No matter how good your marks were, if you didn’t have the discipline, care and interest necessary to get the firm’s name right, you certainly didn’t have the discipline, care and interest necessary to join the firm as a lawyer. While many of us may be a little more forgiving of errors, typos, and oversights, getting the name wrong can start a relationship, whether with a customer, supplier or future employer, off on the wrong foot.
There is no doubt that names, whether of individuals or businesses, are intensely personal and important. Our names identify us – they say who and what we are. Taking a little time to get the name right helps show that you are willing to do that little bit extra to get the job done right.
Now it’s your turn. Feel free to pass along your best piece of advice on how lawyers can improve their communication skills and I’ll incorporate the best words of wisdom into a future article.
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The above is not intended to constitute
legal advice. Please contact a lawyer to clarify your
legal rights.
