There are three main groups of barristers and solicitors in New Zealand:
- those who work in private practice, either on their own account (in sole practice, in partnership with others in a firm or as a director of an incorporated law firm) or as employed solicitors
- those employed by a government department, corporate body, or professional association
- those who practise as barristers sole, as an employed barrister.
The Lawyers and Conveyancers Act 2006
The practice of law in New Zealand is governed by the Lawyers and Conveyancers Act 2006 (LCA). Only lawyers (that is people holding current practising certificates as barristers or as barrister and solicitors) and incorporated law firms may call themselves 'lawyer', 'law practitioner', 'barrister', 'solicitor', 'counsel', and other terms - see s21 of the LCA
In New Zealand all practitioners are admitted to the High Court of New Zealand as barristers and solicitors. Unlike some overseas jurisdictions, it is not possible to be admitted only as a barrister or only as a solicitor. Nor is it possible to be admitted on a limited basis - for example, on condition that the applicant will practise in only one area of law.
Once admitted, New Zealand lawyers have flexibility in their modes of practice. Most lawyers, including those who practise only as solicitors, hold certificates as 'barristers and solicitors'. This entitles them to act as solicitors and to appear in the courts.
New Zealand barristers and solicitors are not permitted to practise in partnership with members of other professions or with lawyers holding only foreign qualifications. There are however, a number of New Zealand law firms that are independent entities and are also associated with law firms in other countries.
Practising as a barrister
Once admitted as a barrister and solicitor, it is possible under the LCA to obtain a practising certificate either as a barrister and solicitor or solely as a barrister. This allows for the existence of an independent bar as a separate group within the profession. This bar comprises lawyers who practise as 'barristers sole'. Barristers sole are not permitted to practise in partnerships but may employ other barristers. An incorporated law firm structure is also open to barristers, as long as the barrister is the sole director and shareholder.
Barristers sole may, with a few exceptions, accept instructions only from a solicitor. For the particular rules applying to barristers sole see Chapter 14 of the Rules of Conduct and Client Care.
Practising on own account
Extra requirements must be met before a lawyer can practice as a barrister and solicitor or barrister their own account (ie: as a sole practitioner, a partner in a law firm, a director or shareholder in an incorporated law firm or a barrister sole). Applicants must have had at least three years' legal experience in New Zealand during the preceding five years before they set up on own account. Other requirements include attending and passing a Stepping Up course.
A lawyer in practice on his or her own account who is operating the firm's trust account must also undertake training and qualify as a Trust Account Supervisor.
Sole practitioners and sole directors in incorporated law firms must appoint an attorney.
Specialisation within the profession
There is currently no society-wide scheme of specialist accreditation. This is a representative function and is currently offered by the Property Law Section.
Complaints and discipline
The rules of professional responsibility (known as the Rules of Conduct and Client Care) set out the processes for dealing with complaints about lawyers' conduct and about their charges.
Last updated on the 16th July 2013