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 and the LCA (Lawyers: Practice Rules) Amendment Regulations 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:
To apply to practise on your own account you must:
The process does take some time, so your application should be lodged as soon as you have a commencement date. If your application is urgent please specify this at the beginning so that we can let you know the likely time frame.
If you do not meet the “required minimum amount of recent legal experience” in New Zealand criterion in regulation 12(3) of the Practice Rules, you may apply to be considered under regulation 12A of the Practice Rules. An example of this might be where you have worked part-time; taken a break from practising law in New Zealand; returned to New Zealand after practising in an overseas jurisdiction, or for parental leave. For any application made under regulation 12A, please outline the reasons why you think that your application should be approved under this regulation. Each application is considered on its merits.
Applications for approval under regulation 12A of the Practice Rules of the Practice Rules may be referred to the Practice Approval Committee for a decision. Please allow more time for these applications.
Your name will be advertised on the Law Society website, requesting comments regarding your suitability to practise on your own account.
When your application is complete and the specified time has lapsed from advertising, an interview with a local Law Society branch representative panel will be organised for you to attend.
The interview may cover such topics as running a practice, financial regulations, and the rules of conduct and client care. Interviews last approximately one hour.
Please contact a member of Law Society staff if you would like further information on what material you may wish to look at in preparation for your interview.
After processing your application, the branch will make a recommendation to the national office in each case. A recommendation from the interviewers will accompany the application.
Final approval, in most cases, will be granted administratively by the Law Society.
If any issues arise in relation to your application or it is not straightforward it may be referred to a Practice Approval Committee (PAC). If referred to PAC, that Committee may make its own further enquiries. You will be advised if your application is referred to the PAC and the Secretary of that Committee will advise you of the process.
Matters that may require a referral to the PAC include the following:
If your application is declined, you may apply directly to the High Court for leave to practice on own account.
If you would like further information about the PAC and its processes, please feel free to contact the Secretary, PAC via email@example.com.