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THE FOLLOWING GUIDELINES ARE FOR THE ASSISTANCE OF SOLICITORS APPLYING TO COMMENCE PRACTICE ON THEIR OWN ACCOUNT UNDER SECTION 30 OF THE LAWYERS AND CONVEYANCERS ACT 2006. |
This applies to solicitors wanting to set up a legal firm or join an existing partnership.
You may not commence practice until:
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you have been advised by the Law Society that the Council is satisfied that you have met all the requirements of Section 30 of the Lawyers and Conveyancers Act 2006, OR |
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you have an order of the High Court of New Zealand. |
BEFORE COMMENCING PRACTICE YOU NEED TO:
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1.
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MAKE application in writing, signed, on the application form downloaded from the New Zealand Law Society website: |
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http:/www.lawsociety.org.nz/_data/assets/pdf_file/0011/6050/Application_form_Practising_on_own_account_Sept09.pdf |
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HAVE within immediate preceding three years attended the Flying Start Programme and received a satisfactory grade in the take home examination. (R.12(1)(b)) |
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IF the name of the firm is to be changed or if you are a sole practitioner, order your trust account receipt books from one of the approved suppliers on the appended list giving the name and address of the nominated auditor. Receipt books should be ordered well in advance as delivery times are variable.
N.B. In the case of a firm changing its name, permission to overstamp existing trust account receipt books must be obtained from the Society, and the firm's auditor should be notified. |
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IF you are to be a sole practitioner, ensure that you comply with Section 44 of the Act and appoint attorneys within three months of your commencing practice.
You are required to appoint at least one attorney and one alternate, both of whom should be Trust Account Partners.
Sets of power of attorney forms are available from the Society. All should be completed in every respect and stamped. One original copy forwarded to the Society for approval. |
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If you are applying to the Court pursuant to section 30 (3) of the Lawyers and Conveyancers Act 2006, first make application to The Wellington District Law Society following the Guidelines for the assistance of Solicitors applying to commence practice on their own account under Section 30 of the Lawyers and Conveyancers Act 2006. Identify the area(s) in which you do not meet the criteria for Law Society approval, and request a letter from The Wellington District Law Society setting out its approval(s), if any, pursuant to section 30. The original of this letter should be an exhibit attached to your Affidavit in Support of your Application to the High Court.
Precedent guide for making Application to the High Court is available
from The Wellington District Law Society,
P O Box 494, Wellington 6140.
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Lawyers and Conveyancers Act 2006
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30 |
Practice by lawyer on his or her own account
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(1) |
No lawyer may commence practice on his or her own account, whether in partnership or otherwise, unless— |
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he or she— |
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(i) |
meets the requirements with regard to both practical legal experience and suitability that are imposed by rules made under this Act; and |
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(ii) |
meets any other criteria that are prescribed by rules made under this Act; or |
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he or she is granted by the High Court, on grounds set out in rules made under this Act, leave to practise on his or her own account. |
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| (2) |
A lawyer who is a director or shareholder of an incorporated law firm is deemed to be practising on his or her own account. |
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| (3) |
A lawyer may apply to the High Court for leave to practise on his or her own account. |
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The High Court, in deciding whether to grant an application for leave, must have regard to the matters that are specified in rules made under this Act in relation to such an application. |
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The High Court may grant leave subject to such conditions (if any) as it thinks proper. |
| (6) |
A lawyer commits an offence who, in contravention of this section, commences practice on his or her own account. |
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Lawyers: Practice Rules Regulations
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Criteria for eligibility to practise on own account |
| (1) |
For the purposes of section 30(1)(a) of the Act, the requirements and other criteria that must be met before a lawyer may commence practice on his or her own account as a barrister and solicitor are— |
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that during the 8 years immediately before the date of commencing practice on his or her own account, the lawyer has had not less than 3 years' legal experience in New Zealand; and |
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that the lawyer has received, during the 3 years immediately before the date of commencing practice on his or her own account, adequate (in the view of the Law Society) instruction and examination on the duties of lawyers under the Act, and any regulations and rules made under it, that relate to the receipt and handling of client money and the operation of the lawyers' trust accounts; and
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that the lawyer has satisfied the Council of the Law Society that he or she is a suitable person to practise on his or her own account as a barrister and solicitor, having regard to— |
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(i) |
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the lawyer's legal experience; and |
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(ii) |
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how the lawyer intends to practise on his or her own account (for instance, in sole practice, as a partner in a firm, or otherwise); and |
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(iii) |
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the fields of law in which the lawyer intends to practise; and |
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(iv) |
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any other matters that the Council considers are relevant.
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| (2) |
In the case of a lawyer wishing to practise on his or her own account as a barrister sole, the only requirement or criteria is that the lawyer has satisfied the Council of the Law Society that he or she is a suitable person to practise on his or her own account as a barrister sole, having regard to the matters set out in subclause (1)(c)(i), (iii), and (iv).
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