Practice on own account
Practice by a barrister and solicitor on own account is governed by s30 of the Lawyers and Conveyancers Act 2006 (LCA), the Practice Rules 2008, the LCA (Lawyers Practice Rules) Amendment Regulations 2010 and the Trust Account Regulations 2008 made under the Act.
You must be qualified to practise on own account if you:
- wish to operate as a sole practitioner with or without a trust account
- wish to become a partner in a law firm
- wish to become a director or voting shareholder of an incorporated law firm
- are an in-house lawyer and wish to enter in to a contract for services with a non lawyer
- are a consultant and wish to provide regulated services by way of a contract for services.
If you wish to practise on own account as a barrister and solicitor, the Society must be satisfied that you are a suitable person to do so, having regard to:
- your legal experience
- how you intend to practise on own account (for instance, in sole practice, as a partner in a law firm, or otherwise)
- the fields of law in which the you intend to practise
- any other matters that the Society's Council considers relevant.
Pre-requisites
Stepping Up course
People who intend to be a partner in law firm, or a director of an incorporated law firm, or a sole practitioner, must complete a Stepping Up course (formally called Flying Start).
NZLS Trust Account Supervisor training programme (TAS)
If you intend to be a sole practitioner with a trust account, or the trust account partner of a firm, you will need to complete this programme. Please contact the NZLS CLE for further information about the training course.
If you previously passed the TAS assessment you will need to do a refresher course if:
- more than three years have lapsed, and you have never been appointed TAS of a firm
- it has been more than 10 years since you held the position of TAS of a firm
Exceptions to s30
Despite the provisions of s30, you may practise on own account, if:
- immediately before the commencement of s30 of the LCA you would have been entitled to do so under the Law Practitioners Act 1982
- any time previously, (whether before or after the commencement of s30 LCA) but within the last 10 years, you have lawfully practised on own account
- you satisfy the Society that you are entitled to practise as a lawyer, in one or more Australian jurisdictions, in a way that is equivalent to practising on own account in New Zealand as a barrister and solicitor, or as a barrister (Reg 15 of the practice rules).
Criteria
Experience
You must have three years’ (full time) legal experience in New Zealand, during the five years immediately before commencing practice on own account. For relevant legal experience refer r14 of the Practice Rules 2008
The Law Society may approve an application by a lawyer who does not meet the legal experience requirement if the lawyer satisfies the Law Society that special circumstances apply. Refer r12(3) of the Practice Rules 2008.
Mode of practice
You must state how you intend to practise on own account (for instance, in sole practice, as a partner in a law firm, or otherwise).
Fields of law
You must state the fields of law in which you intend to practise, with supporting information on you competency to do so, such as your CV. Your references should refer to your experience in those fields of law.
Applications
Applications to practise on your own account are initially processed by branch offices Send the completed application form, the original referee form/s, and the payment to your nearest branch office. After processing your application, the branch will make a recommendation to the national office in each case. Applications will be dealt with administratively by the Society. If any issues arise, they will be referred to the Fitness for Practice Committee.
A levy of $250, including GST, is payable with your application.
If your application is declined, you may apply to the High Court for leave to practise on own account.
Applications for approval under Reg 12(3) of the Lawyers and Conveyancers Act (Lawyers Practice Rules) Amendment Regulations 2010 (legal experience) will be referred to the Fitness for Practice Committee and then to the Board for a decision. Therefore, please allow more time for these applications.
Barristers
Information on starting practice as a barrister is available.
Further information
Contact the Registry on 0800 223 030 or registry@lawsociety.org.nz.