Starting Practice as a Barrister

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If you are applying for a practising certificate as a barrister and you have not practised as a barrister on own account before in New Zealand or Australia 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.

Rules for new barristers

From 1 July 2010, a lawyer wishing to start practice as a barrister on own account (barrister sole) will need to have three years' prior legal experience. Under the principal regulations, a lawyer who intends to practise ontheir own account has to have at least three years' experience in New Zealand in the previous eight years.  Visit the NZLS website to read more about starting practice as a barrister.

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.  The NZLS 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.

Practice as barrister sole: Rule 14.2 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

A lawyer who holds a practising certificate as a barrister sole must not-

  • practice as a solicitor; or
  • carry out the transactional aspects of conveyancing; or
  • act as a general agent or attorney in respect of a client's affairs; or
  • undertake the work of a real estate agent; or
  • receive or hold money or other valuable property for or on behalf of another person; or
  • practise in partnership or in an incorporated law firm unless the barrister sole is the only voting shareholder of the incorporated law firm.

Intervention Rule: Rule 14.4 of the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008

Barristers sole may, with a few exceptions, accept instructions only from a solicitor. For the particular rules applying to barristers sole see Chapter 14 of the Rules of Conduct and Client Care.