A practising certificate (PC) is essential to legal practice. It defines the authority, scope and capacity in which a solicitor can engage in legal practice. It goes without saying then, that a solicitor should know the conditions of their PC intimately.
Categories of practice
The category of PC you hold is a condition of your PC. It determines the capacity in which you are authorised to engage in legal practice. The different categories are set out below and in section 47(1) of the Legal Profession Uniform Law (NSW) (Uniform Law).
| Category of PC | I am authorised to practise as: |
| Principal of a law practice | A principal of a law practice,[1] including signing a bill of costs,[2] authorising withdrawal of funds from a trust account[3] and supervising the legal services delivered by other legal practitioners and lay associates of the practice.[4]
An employee of a law practice, corporate legal practitioner or government legal practitioner (refer to the relevant categories below for how you are authorised to practice in each of these categories). A volunteer at a community legal service or otherwise on a pro bono basis.[5] |
| Employee of a law practice | An employee of a law practice[6] and a volunteer solicitor at a community legal service or otherwise on a pro bono basis.[7]
A corporate legal practitioner or government legal practitioner (refer to the relevant category below for how you are authorised to practice in these categories). N.B. A solicitor who holds a practising certificate in this category cannot provide legal services on their own account. They must also hold PII when engaging in legal practice. |
| Corporate legal practitioner | In-house legal counsel for your employer or any related entity of your employer.[8] The definition of ‘related entity’ under the Uniform Law adopts the definition of ‘related bodies corporate’ under the Corporations Act 2001.[9]
A government legal practitioner (see below for how you are authorised to practice in this category). A volunteer solicitor at a community legal service or otherwise on a pro bono basis.[10] N.B. A solicitor who holds a practising certificate in this category cannot provide legal services on their own account. |
| Government legal practitioner | A government lawyer, which is defined as: (i) an officer or employee of a government authority, or (ii) the holder of a statutory office of the Commonwealth or of a jurisdiction.[11]
A corporate legal practitioner (see above for how you are authorised to practice in this category). A volunteer solicitor at a community legal service or otherwise on a pro bono basis.[12] N.B. A solicitor who holds a practising certificate in this category cannot provide legal services on their own account. |
| Volunteer | Volunteer solicitor at a community legal service, or otherwise on a pro bono basis.[13]
N.B. A solicitor who holds a practising certificate in this category cannot provide legal services on their own account. |
What a solicitor can and can’t do is largely determined by the entitlements of their PC conditions. For more information on practising entitlements afforded by PCs in NSW, have a look at the Law Society’s Legal Practice Matrix.
Practising entitlements
A solicitor may change jobs during a practising certificate year (1 July to 30 June). Some solicitors will need to vary their PC category before they can start a new role, others may not. Whether a solicitor needs to do so depends on the category of PC they hold.
A solicitor who holds a principal of a law practice PC has the widest range of practising entitlements compared to other solicitors. This is because a principal’s PC also authorises the holder to engage in legal practice as an employee of a law practice or a corporate legal practitioner or government legal practitioner.[14]
For any solicitor who holds an employee of a law practice, corporate or government legal practitioner PC, until the PC concerned is renewed, and subject to any relevant conditions on the PC:
- an employee of a law practice PC also authorises the holder to engage in legal practice as a corporate legal practitioner or government legal practitioner;[15] and
- a corporate legal practitioner PC also authorises the holder to engage in legal practice as a government legal practitioner;[16] and
- a government legal practitioner PC also authorises the holder to engage in legal practice as a corporate legal practitioner.[17]
This means that, while someone who holds an employee of a law practice PC does not need to vary their PC before moving to an in-house corporate or government role during a PC year, a solicitor who moves from in-house or government practice to private practice will. These solicitors need to vary their PC to the appropriate category (either principal or employee of a law practice) and pay a contribution fee to the Fidelity Fund prior to commencing their new role.
A solicitor can apply to vary their PC category by completing and submitting a Change in practice details form to the Law Society’s Registry Department at: [email protected].
A PC also authorises the holder to supervise legal practice by others, so long as the PC concerned:
- is not subject to a statutory or discretionary condition that the holder must engage in supervised legal practice only, and
- does not have any other discretionary condition prohibiting the holder from supervising legal practice by others.[19]
Conditions – statutory vs. discretionary
Each PC is subject to certain conditions of practice. These conditions are either:
- That is, a condition imposed under the Uniform Law;[20] or
- That is, a condition imposed at the discretion of the designated local regulatory authority,[21] such as the Council of the Law Society.
A solicitor must comply with all conditions of their PC and the requirements of the legal profession legislation.[22]
| Condition type | Name of condition and condition number imposed on a PC | Requirements |
| Statutory | Continuing Professional Development (condition 1) | The holder must comply with continuing professional development requirements of the Continuing Professional Development Rules[23]. |
| Statutory | Supervised Legal Practice (condition 2) | The holder must, in this jurisdiction, engage in supervised legal practice only, until the holder has completed the period of supervised legal practice required[24].
N.B. To remove this condition from a PC, a solicitor must submit an application to the Law Society Registry. Further information is available here on the Law Society website. |
| Discretionary | Practice Management Course (condition 3) | The holder must complete an accredited Practice Management Course (PMC) before being authorised to engage in legal practice as a principal of a law practice.
N.B. A solicitor does not need to complete a PMC in order to supervise legal practice by others. |
| Discretionary | Discretionary Condition (condition 4) | There may be times where a solicitor finds themselves with Condition 4 on their PC. This could be any condition to practice that may be imposed by the Council of the Law Society.[25] |
| Discretionary | Trust Money (condition 5a or 5b) | Condition 5a on a PC authorises the holder to receive trust money on behalf of a law practice.
Condition 5b prohibits the holder from receiving trust money on their own account. |
| Statutory | Admission Condition (condition 6) and to hold only one practising certificate | The holder must not contravene a condition imposed on their admission to the legal profession and the holder must not apply for or hold another Australian practising certificate in force concurrently.[26] |
| Statutory | Notify certain events | All PCs are subject to a condition that the holder must notify the Law Society within 7 days of being charged or convicted of certain offences, of a bankruptcy-related event occurring in relation to the holder, or the holder becoming the subject of disciplinary proceedings as a lawyer in a foreign country.[27] |
Further support and guidance
Solicitors requiring further guidance regarding PC categories, conditions and entitlements can contact the Law Society’s Professional Support Unit (PSU) for assistance.
PSU’s Regulatory Compliance line provides guidance to solicitors on compliance issues related to the provision of legal services under the Uniform Law. Common questions handled by Regulatory Compliance include those regarding PCs, practice management and practice structures permitted by the Uniform Law, such as incorporated legal practices.
Costs: [email protected] or (02) 9926 0116
Ethics: [email protected] or (02) 9926 0114
Regulatory compliance: [email protected] or (02) 9926 0115
[1] Legal Profession Uniform Law (NSW) s47(1)(a)(i).
[2] Legal Profession Uniform Law (NSW) s188.
[3] Legal Profession Uniform General Rules 2015 r43(2)(a).
[4] Legal Profession Uniform Law (NSW) s34(1).
[5] Ibid s47(5). Discretionary conditions imposed by the Law Society Council may prohibit, restrict or regulate the provision of legal services by an Australian legal practitioner at community legal services or otherwise on a pro bono basis.
[6] Ibid s47(1)(a)(ii).
[7] Ibid s47(5). See above n 5.
[8] See definition of ‘corporate legal practitioner’ in s6 of the Legal Profession Uniform Law (NSW).
[9] See definition of ‘related entity’ in s6 of the Legal Profession Uniform Law (NSW).
[10] Ibid s47(5). See above n 5.
[11] See definition of ‘government legal practitioner’ and ‘government lawyer’ in s6 of the Legal Profession Uniform Law (NSW).
[12] Legal Profession Uniform Law (NSW) s47(5). See above n 5.
[13] See meaning of ‘pro bono basis’ in s8 of the Legal Profession Uniform Law (NSW). See above n 5.
[14] Ibid s47(3).
[15] Ibid s47(4)(a).
[16] Ibid s47(4)(b).
[17] Ibid s47(4)(c).
[18] Ibid s47(5).
[19] Ibid s47(6).
[20] See ss48-52 of the Legal Profession Uniform Law (NSW).
[21] Legal Profession Uniform Law (NSW) s53.
[22] Ibid s54.
[23] Ibid s52; Legal Profession Uniform Continuing Professional Development (Solicitors) Rules 2015 (NSW).
[24] Ibid s49
[25] Rule 16 of the Legal Profession Uniform General Rules 2015
[26] Ibid s48.
[27] Ibid s51.
