Practise 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 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.
Criteria
Experience
You must have three years’ legal experience in New Zealand, during the eight years immediately before commencing practice on own account, being:
- legal work in the office of a lawyer in sole practice, a partnership of lawyers, or an incorporated law firm
- legal work in the office of a barrister sole
- legal work in a State service
- legal work in a local authority
- legal work as an employee of a company or other body
- full-time law teaching in a university, or
- as an MP.
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 wish to practise, with supporting information on you ability to do so, such as your resume and letters of reference.
Pre-requisites
Flying Start course
You must have completed this within three years of commencing practice. Flying Start courses are run by the following district law societies: Auckland, Waikato, Wellington and Canterbury.
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 for further information on this. Evidence of having passed the TAS assessment is required before an interview can be arranged.
If you previously passed the TAS assessment more than three years ago, but have never been appointed TAS of a firm, you will need to do a refresher course.
If you previously passed the TAS assessment and it has been more than 10 years since you held the position of TAS of a firm, you will need to do the refresher course.
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 own account in New Zealand as a barrister and solicitor, or as a barrister (Regulation 15 of the practice rules).
Currently, applications to practise on own account are processed by district law societies so you should first contact a district law society for information and guidance.
After processing your application, a district law society will make a recommendation to the New Zealand Law Society 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.
If the Society declines your application, you may apply to the High Court for leave to practise on own account.
Barristers
Further information on starting practice as a barrister is available.
Further information
Contact the Registry on 0800 223 030 or registry@lawsociety.org.nz.