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Ever wondered why some legal professionals are called lawyers while others are called solicitors? In NSW, the distinction isn’t just about titles – it’s about the specific roles each play within the legal system.

A ‘lawyer’ is an umbrella term that encompasses all individuals qualified to practice law, including both solicitors and barristers. According to the Legal Profession Uniform Law (NSW) (Uniform Law), an ‘Australian lawyer’ is defined as ‘a person admitted to the Australian legal profession in this jurisdiction or any other jurisdiction.’

In NSW, to be admitted, a lawyer needs to apply to the Legal Profession Admission Board for a compliance certificate.  If approved, they will then need to attend an admission ceremony, take an oath or affirmation, and sign the roll maintained by the Supreme Court of NSW.

Lawyers can specialise in various areas such as criminal law, family law, employment law, corporate law and intellectual property law to name a few.  However, their specific roles and functions often depend on whether they practice as solicitors or barristers.

Although admitted to the legal profession, a lawyer is not authorised to engage in legal practice in NSW until he or she obtains a practising certificate from the Law Society of NSW. Neither is a lawyer entitled to take and use the title ‘solicitor’, or ‘legal practitioner’, or ‘counsel’ until, and unless, he or she holds a current practising certificate. Refer to the Law Society’s Transition from law school to legal practice for step-by-step guidance on how to become a solicitor in NSW.

What is a solicitor?

A ‘solicitor’ is defined in the Uniform Law as ‘an Australian legal practitioner whose Australian practising certificate is not subject to a condition that the holder is authorised to engage in legal practice as or in the manner of a barrister only’.

Once admitted, a practising certificate is what entitles a solicitor to practise law in NSW.  What a solicitor in NSW can and can’t do in the scope of their legal practice depends on the category of practising certificate they hold as well as any conditions attached to their practising certificate.  A summary of the conditions can be found in this article – A solicitor’s cheat sheet to practising certificate conditions – Law Society Journal.

A Solicitor is typically the first point of contact for individuals seeking legal representation.  They can help with:

  • preparing contracts and other legal documents,
  • resolving disputes before they escalate to court proceedings,
  • appearing in lower courts for less complex cases, and
  • helping clients understand their rights, obligations, and the best course of action.

Solicitors do not usually represent clients in higher courts.  If a case advances to a higher jurisdiction, they often engage a barrister to take over.  The solicitor will brief a barrister on the specifics of a case.

When holding a current practising certificate, legal professionals in NSW can use the terms ‘lawyer’, ‘Australian lawyer’ and ‘solicitor’ interchangeably.

Barristers

Barristers are also lawyers.  They specialise as a courtroom advocate. Barristers must apply to their industry body, the NSW Bar Association, for a practicing certificate.

Foreign lawyers in NSW

Foreign lawyers are those who are qualified to practise law in a foreign country.

A foreign lawyer who wishes to maintain an office in NSW for the purpose of practising foreign law needs to apply for an Australian Registration Certificate (ARC). Without a current ARC, a foreign lawyer cannot take and use the title ‘lawyer’ in NSW. This is the case even if used in conjunction with the words ‘foreign’ or ‘overseas qualified.’

An ARC does not authorise a foreign lawyer to practise Australian law. In order to practise laws of Australia, a foreign lawyer needs to get admitted to the Australian legal profession and obtain an Australian practising certificate.

For further guidance on practising law as a foreign lawyer in NSW, refer to the Law Society of NSW’s website – Practising foreign law in NSW, and the article Why foreign-qualified lawyers in NSW should obtain an Australian Registration Certificate.

Getting admitted soon?

Well, congratulations!  But there is one further step you need to complete before you can practice law as a solicitor in NSW.

You need to apply for a practising certificate from the Law Society of NSW.  You can apply by following this link Your practising certificate | The Law Society of NSW.  As part of your application, you will need to choose from one of five categories of practice, including,

  • an employee of a law practice,
  • corporate legal practitioner,
  • government legal practitioner,
  • principal of a law practice, or
  • volunteer

As a new solicitor, your practising certificate will be subject to the condition of ‘supervised legal practice’, set out under section 49(1) of the Uniform Law.  This is noted as ‘condition 2’ on a practising certificate and will require you to be supervised by an authorised solicitor for 24-months of full-time practice or the equivalent on a part-time basis.  Supervision must be undertaken by a person who holds an Australian practising certificate that is not subject to condition 2 or any other discretionary condition preventing the solicitor from supervising legal practice by others. You can find further information about the condition here Supervised legal practice | The Law Society of NSW.

You can also find out what a lawyer can and cannot do at each stage of their career in this legal practice matrix.

Once you have completed the mandatory period of supervised legal practice, condition 2 is not automatically removed.  You will need to apply to the Law Society of NSW to vary your practising certificate using this form –Application to Remove Condition 2 | The Law Society of NSW.

Need further guidance?

The Law Society’s Professional Support Unit (PSU) provides free and confidential guidance to all solicitors regarding their obligations under the Legal Profession Uniform Law in the areas of costs, ethics and regulatory compliance.

Enquiries can be made to PSU by telephone, email, or in person.

Regulatory Compliance: regulatory.compliance@lawsociety.com.au or (02) 9926 0115

Costs: costs@lawsociety.com.au or (02) 9926 0116

Ethics: ethics@lawsociety.com.au or (02) 9926 0114

AML: aml@lawsociety.com.au or (02) 9926 0249

Carol Prasad is a Professional Support Solicitor (AML) with the Law Society of NSW.  She is an experienced banking and financial services lawyer with experience gained at a number of Australia’s premier financial institutions, leading law firms and a Big 4 accounting firm.  Her background includes experience in Anti-Money Laundering and Counter-Terrorism Financing, sanctions, consumer credit, privacy and alternative dispute resolution.  She brings with her more than 15 years’ experience.