Starting practice as a barrister
If you apply for a practising certificate as a barrister and:
- you have not practised as a barrister on own account before in New Zealand or Australia [see note 1]; and
- you intend to practise on your own account (that is, not as an employee of another barrister)
...you will need to meet experience requirements.
Practice by a barrister on own account (barrister sole) is governed by s30(1)(a) of the Lawyers and Conveyancers Act (LCA) and R12 of the LCA (Lawyers: Practice Rules) Regulations 2008 [see note 2]. The Law Society must be satisfied that a lawyer wishing to practise on his or her own account as a barrister sole is a suitable person to do so, having regard to:
- the lawyer’s legal experience; and
- the fields of law in which the lawyer intends to practise; and
- any other matters the Council considers are relevant.
A lawyer wishing to start practice as a barrister on own account (barrister sole) will need to have three years' prior legal experience from 2010. The date that this comes into effect is dependent on promulgation of the Regulations. This is presently expected to occur by the middle of 2010.
If you wish to apply under the current six-month requirement, your application must be received by the Law Society before the Regulations come into effect and it will be considered under the current provisions.
Application
Applications for approval to commence practice on own account as a barrister sole are dealt with administratively by the Society’s Registry. If there is an issue arising from an application, it will be referred to the Society’s Fitness for Practice Committee.
Criteria
(a) Experience - At present applicants must have had at least six months' relevant experience in New Zealand within the last eight years. Under regulations expected to be promulgated by the middle of 2010, applicants must have had at least three years' relevant legal experience in New Zealand within the last eight years. Legal experience includes:
- 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.
This may include legal work undertaken pre-admission.
(b) Fields of law - applicants must state the fields of law in which they wish to practise, with supporting information on their ability to do so, such as practical experience, their academic record showing passes in related subjects, or successful completion of a relevant course (such as the duty solicitor course).
Note 1: Special rules for Australian lawyers are set out in R15 of the Practice Rules.
Note 2: There is also a requirement, under s31(3), that where more than 10 years have elapsed since a lawyer last practised as a barrister on own account, he or she is not entitled to do so again until he or she has received adequate instruction to the satisfaction of the Council in the duties of a barrister. In the interim, applications in this category will be dealt with case by case.
New rules for barristers – Q&A
Below are some questions and answers about the new requirement.
I am currently working as an employed barrister and will have completed six months’ legal experience by 31 December 2009. Will I be eligible to apply for approval to commence practice on own account as a barrister? If so when can I apply for approval?
Applications for approval to commence practice as a barrister on own account (barrister sole) under the current six-month requirements must be received by the Law Society no later than 31 December 2009. If your application is received by this date, it will be considered under the current provisions. You will need to provide evidence, in the form of a supporting letter from your supervisor(s), that you have (or will have by 31 December 2009) the requisite legal experience.
(Note the Law Society’s national office will close on 24 December 2009 and not reopen until 11 January 2010. You should ensure that you have mailed your application to the Law Society before 24 December 2009.)
Can the legal experience I gained prior to admission be considered?
You must demonstrate that you have at least six months’ relevant experience in New Zealand within the last eight years. This may include legal work undertaken pre-admission.
What is legal experience?
Legal experience includes:
- 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.
Refer regulation 14 of the Lawyers and Conveyancers Act (Lawyer: Practice Rules) Regulations 2008.
I am currently working as an in-house lawyer. Will this experience be taken into account?
Each case will be considered on an individual basis. You will need to provide a copy of your job description and a letter from your supervisor(s) confirming the length of your employment and the nature of the legal work undertaken. Holding a practising certificate as a barrister and solicitor does not necessarily equate to having the required legal experience.
I am currently practising as a barrister sole but do not have three years’ legal experience. Will I still be able to practise as a barrister sole after 1 January 2010?
Yes. The new rule will not be retrospective. Because you are already in practice on your own account as a barrister sole, you will be able to continue as such. The new requirement will apply only to people wanting to commence practice as a barrister sole on own account for the first time after 1 January 2010.
I am a barrister and currently employ a junior barrister who has been working for me for more than six months. I wish to continue employing this person. Can they apply for approval to commence practice on own account now and safeguard their right to commence practice on own account at some future date?
Yes, they could apply for approval by 31 December 2009 based on their six months’ experience and continue after 1 January 2010 with their same employment arrangements (employee). Providing they receive approval, they could commence practice as a barrister on own account at a later date if they wanted.
For further information contact the NZLS Registry (tel 0800 22 30 30 or registry@lawsociety.org.nz). An application form can be downloaded from the website at www.lawsociety.org.nz/home/for_lawyers/regulatory/practising_certificates.