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Lawyers and Conveyancers Act 2006

Restrictions on provision of legal services and conveyancing services - Legal services

30: Practice by lawyer on his or her own account

You could also call this:

"Starting your own law practice: what you need to do"

Illustration for Lawyers and Conveyancers Act 2006

You cannot start your own law practice unless you meet certain requirements. You must have the right amount of practical legal experience and be suitable to run a law practice. You also need to meet any other criteria set out in the rules. You are considered to be practising on your own if you are a director or shareholder of a law firm. You can apply to the High Court for permission to start your own law practice. The High Court will look at the rules when deciding whether to give you permission. If you start your own law practice without meeting the requirements, you will commit an offence. The High Court can give you permission with conditions. You can find more information by looking at the rules made under this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM365739.

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Part 2Restrictions on provision of legal services and conveyancing services
Legal services

30Practice by lawyer on his or her own account

  1. No lawyer may commence practice on his or her own account, whether in partnership or otherwise, unless—

  2. he or she—
    1. meets the requirements with regard to both practical legal experience and suitability that are imposed by rules made under this Act; and
      1. meets any other criteria that are prescribed by rules made under this Act; or
      2. 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.

        1. A lawyer who is a director or shareholder of an incorporated law firm is deemed to be practising on his or her own account.

        2. A lawyer may apply to the High Court for leave to practise on his or her own account.

        3. 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.

        4. The High Court may grant leave subject to such conditions (if any) as it thinks proper.

        5. A lawyer commits an offence who, in contravention of this section, commences practice on his or her own account.

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