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] and the LCA (Lawyers: Practice Rules) Amendment Regulations 2010. This comes into force as at 1 July 2010. 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 Law Society considers are relevant.
If you wish to apply under the current six-month requirement, your application must be received by the Law Society on or before 30 June 2010 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 in force from 1 July 2010, applicants must have had at least three years' relevant legal experience in New Zealand within the last five 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.
The Law Society may grant an application by a lawyer who does not meet the legal experience requirement if the lawyer satisfies the Law Society that special circumstances apply.
(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 30 June 2010. 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 30 June 2010. 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 30 June 2010) the requisite legal experience.
Can the legal experience I gained prior to admission be considered?
Up to 30 June 2010, 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.
From 1 July 2010, you must demonstrate that you have at least six months’ relevant experience in New Zealand within the last five 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 July 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 30 June 2010.
For further information contact the NZLS Registry (tel 0800 22 30 30 or registry@lawsociety.org.nz). An application form can be downloaded.