|
Introduction to legal practice in New Zealand
The practising profession | The Law Practitioners Act 1982 | Practising as a barrister | Practising on own account as a solicitor in private practice | Specialisation within the profession | Complaints and discipline
The practising profession
Currently there are about 10,000 barristers and solicitors in New Zealand, serving a population of 3.8 million people.
There are three main groups of 'barristers and solicitors':
- those who work in private practice, either on their own account (alone or in partnership with others in a firm) or as employed solicitors: 72% of total
- those employed by a government department, corporate body, or professional association: 14% of total
- those who practise as barristers sole: 12% of total.
The Law Practitioners Act 1982
The practice of law in New Zealand is governed by the Law Practitioners Act 1982 (LPA). In order to practise law a person must:
- be admitted by the High Court of New Zealand as a barrister and solicitor
- hold a current practising certificate issued (annually) by one of the 14 district law societies.
Practising certificates are issued by the district law society of the district in which the applicant intends to have his or her principal place of business.
It is an offence to act as a barrister or as a solicitor without a current practising certificate.
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 practitioners, including those who practise only as solicitors, hold certificates as 'barristers and solicitors'. This entitles them to act both 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 LPA 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 practitioners who practise as 'barristers sole'. Barristers sole are not permitted to practise in partnerships but may employ other barristers sole.
Lawyers may set up as barristers sole without any need for post-admission training or experience.
Barristers sole may, with a few exceptions, accept instructions only from a solicitor. For the particular rules applying to barristers sole see Chapter 11 of the Rules of Professional Conduct for Barristers and Solicitors.
The rank of Queen's Counsel is available in New Zealand only to barristers sole.
Practising on own account as a solicitor in private practice
Extra requirements must be met before a practitioner can enter private practice as a solicitor on his or her own account (ie: as a sole practitioner or a partner in a law firm). These include at least three years' legal experience in New Zealand during the preceding eight years. This can be waived by the High Court in certain circumstances. Other requirements include undergoing a short course and a test in trust accounting. See Section 55 of the Law Practitioners Act.
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 Partner.
Specialisation within the profession
There is currently no formal scheme of specialist accreditation. Rule 4.02 of the Rules of Professional Conduct for Barristers and Solicitors governs advertising claims of specialist expertise.
Complaints and discipline
The issue of a practising certificate by a district law society carries membership of both that society and of the New Zealand Law Society (NZLS).
The NZLS makes the rules of professional responsibility (known as the Rules of Professional Conduct for Barristers and Solicitors) and sets out the processes for dealing with complaints about lawyers' conduct and about their charges.
Last modified 25 January 2008
|
