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discipline 1 October 2026

The duty in context

Hold a current practising certificate practice

The lawyer must hold a current practising certificate or authorisation and comply with the conditions of practising before providing legal services.

384 cases 64% strike-off avg suspension 21.7 mo avg fine 26,727 65 with dishonesty finding

How the codes express this duty

E&W Solicitors SRA Principles & Code no clear equivalent
E&W Barristers BSB Handbook rC89.9.b; rC94.7 partial 12 cases
rC89 ... .9 there are systems in place to check that: ... .b every BSB authorised individual practising from your chambers has a current practising certificate and every other authorised (non-BSB) individual providing reserved legal activities is currently authorised by their Approved Regulator.
Cayman Islands Legal Services Code 2026 R.13.3 partial
An attorney-at-law and a recognised law entity shall comply with any proper conditions or limitations reasonably imposed by the Council, including on the conduct of their practice.
AU Solicitors Solicitors' Conduct Rules no clear equivalent
AU Barristers Uniform Barristers Rules no clear equivalent
IE Solicitors Law Society Guide Ch7 — Payment for assistant solicitors' practising certificates strong 10 cases
It is the obligation of each solicitor to ensure that they have a current practising certificate in place... It is both professional misconduct and a criminal offence for a solicitor to provide legal services without holding a current practising certificate issued by the Law Society.
IE Barristers Bar Code of Conduct Rule 9.1 strong 10 cases
It shall be a requirement of all practising Barristers that they hold a current practising certificate. The Bar Council may specify by way of regulations, requirements to hold, applications for, the issuing, amendment, suspension and revocation of practising certificates ... Barristers shall comply [with such regulations].
JM Attorneys Canons of Professional Ethics Canon II(j); Canon V(s) strong 2 cases
Save as provided by Section 7 of the Principal Act, an Attorney shall not practise as a lawyer unless he has paid the prescribed fee in accordance with Section 5(1) of the Principal Act and has been issued with a Practising Certificate by the General Legal Council. ... [V(s)] Subject to the provisions of subsection 2 of section 5 of the Principal Act, an Attorney shall not practise as a lawyer except by virtue of and in accordance with the practising certificate issued to him by the General Legal Council.
JE Lawyers Law Society of Jersey Code R.11.1 partial
In accordance with, and except as provided by The Law Society of Jersey Law 2005, no person shall practise Jersey law as an advocate or solicitor unless he or she is an ordinary member of the Law Society.
ON Lawyers LSO Rules of Prof. Conduct r 7.6-1.2 partial
A lawyer whose licence to practise law is suspended shall comply with the requirements of the by-laws and shall not (a) practise law; (b) represent or hold himself or herself out as a person entitled to practise law; or (c) represent or hold himself or herself out as a person entitled to provide legal services. [The RPC restricts practice while suspended; the affirmative annual-licence/fee requirement sits in the by-laws.]
BC Lawyers BC Code no clear equivalent
NZ Lawyers Conduct & Client Care Rules r 14.2 / r 1.2 partial
A lawyer who holds a practising certificate as a barrister sole must not— (a) practise as a solicitor; ... barrister sole means a lawyer ... who is the holder of a current practising certificate authorising the lawyer to act as a barrister and not as a barrister and solicitor.
SCO Solicitors LSS Standards of Conduct no clear equivalent
SG Lawyers Professional Conduct Rules 2015 no clear equivalent
HK Solicitors Solicitors' Guide Principle 2.01 strong
A solicitor who does not hold a practising certificate is not qualified to act as a solicitor in private practice (Legal Practitioners Ordinance (Cap. 159), section 7). A sole practitioner or partner must hold an unconditional practising certificate.
HK Barristers Bar Code of Conduct para 5.1 strong
A barrister may not practise as such unless he:- (a) holds a valid practising certificate issued by the Bar Council under section 30; and (b) save where he has been admitted under section 27(4), has provided in writing to the Bar Council the current address and telephone number(s) of the professional chambers in Hong Kong from which he practises.

Cases dealing with this duty

Clear

384 decisions · link basis: found breached = a tribunal finding; rule cited = the mapped provision is cited in the decision; text match = high-precision text pattern

  • Brian Johnston
    LSI solicitor Brian Johnston & Co, Solicitors, 79 Park Street, Dundalk, Co Louth 2011-10-17 text match

    In the matter of Brian Johnston, a solicitor formerly practising as Brian Johnston & Co, Solicitors, 79 Park Street, Dundalk, Co Louth, and in the matter of the Solicitors Acts 1954-2008 [6927/DT64/10 and High Court rec…

    strike_off View decision
  • Mccarthy, Maurice John
    OLSC solicitor M J (Joe) McCarthy 2011-09-05 text match

    Practice without Practising Certificate — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Forster, Michael Allan
    OLSC solicitor Did not renew PC 1 July 2010 2011-06-16 text match

    1. Practising without a Practising Certificate 2. Contravening Section 15 of the Legal Profession Act 2004 — A reasonable likelihood of a finding of unsatisfactory professional conduct

    Reprimand $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Nicholson, Mark Anthony
    OLSC solicitor Not Practising 2011-03-31 found breached text match

    1. Represented himself as a solicitor in correspondence when he was not the holder of a practising certificate. 2. Represented himself as a solicitor in the Local Court when he was not the holder of a practising certifi…

    Reprimand $0.00 About ​ About the OLSC The Commissioner History Mission statement Structure Contact ​ Contact the OLSC Give us your feedback: online surveys Access to information (GIPAA) Community information ​ Information for lawyers Fact sheets FAQs Other regulatory and complaint-handling organisations Contact LawAccess NSW for legal information " You and Your Lawyer", Hot ​​Topics 78 Legal Information Access Centre (LIAC), State Library of NSW​ , provides access to information about the law in NSW regarding your lawyer Privacy Copyright and Disclaimer Website accessibility View decision
  • Hart, John Peter
    OLSC barrister [2011] NSWCA 64 2011-03-21 text match

    1. Knowingly made false statements with the intention of misleading the presiding judicial officer 2. Engaged in legal practice when he did not have a current practising certificate — Professional Misconduct

    Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Singh, Jaswinder
    OLSC solicitor Not applicable [2011] NSWADT 47 2011-03-09 found breached

    1. Practising contrary to conditions of practising certificate 2. Unethical conduct: making false declaration in application for renewal of practising certificate 3. Jaswinder Singh: (i) misled Investigators (ii) used f…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted View decision
  • English, Martin Francis
    OLSC solicitor (Formerly) English Kearns (2004) 2011-03-02 found breached text match

    1. Breached an undertaking to the Legal Services Commissioner 2. Practised without a Practising Certificate 3. Failed to account 4. Wilfully breached Section 61 of the Legal Profession Act 1987 - handling of trust money…

    Conditions on Practising Certificate Costs Reprimand $0.00 Proceedings Instituted View decision
  • Abiodun Oludare Odunlami
    SDT solicitor 10797/2011 2011-01-01 found breached text match

    Breaches, Failures, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • D E Powell// D J Corlis/Another
    SDT solicitor 10694/2011 2011-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off, Suspend - Fixed Period 1 PDF View decision
  • Hammond, Frank Douglas
    OLSC solicitor (Formerly) F D Hammond & Associates (suspended since 2005) [2010] NSWADT 244 2010-10-14 text match

    1. Breach of Section 116 of the Workplace Injury Management & Workers Compensation Act 1998 2. Breach of section 61 of the Legal Profession Act 1987 - handling of trust moneys 3. Practising without a practising certific…

    Costs Fine Practitioner to undertake and complete further legal education $3,000.00 Proceedings Instituted 1 PDF View decision
  • AUGUSTUS ERNEST LEE-STEERE
    LPBWA lawyer PO Box 3455 NEDLANDS WA 6009 Legal Profession Complaints Committee v Lee-Steere [2010] WASAT 189 2010-08-31 found breached

    Professional Misconduct and Suspended

    Professional Misconduct and Suspended 1 PDF View decision
  • Mavrakis, George John
    OLSC solicitor Mavrakis & Associates [2010] NSWADT 103 2010-04-28 found breached

    1. Breach of Sections 253, 254, 255 & 260 of the Legal Profession Act 2004 - relating to trust funds 2. Misappropriation of trust funds 3. Breach of Rule 12 of the Revised Professional Conduct & Practice Rules 1995 by b…

    Conditions on Practising Certificate Costs Fine Practitioner to undertake and complete further legal education Reprimand Mentoring of solicitor by Senior Solicitor $3,000.00 Proceedings Instituted 1 PDF View decision
  • Mary Miley
    LSI solicitor Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow 2010-01-18 found breached text match

    In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT18/09 and High Court record …

    strike_off View decision
  • Mary Miley
    LSI solicitor Mary Miley & Co, Solicitors, Brewery Place, Rathdrum, Co Wicklow 2010-01-18 found breached text match

    In the matter of Mary Miley, solicitor, formerly practising as Mary Miley & Co, Solicitors, at Brewery Place, Rathdrum, Co Wicklow, and in the matter of the Solicitors Acts 1954-2008 [3916/DT39/09 and High Court record …

    strike_off View decision
  • E D Hunter
    SDT solicitor 10549/2010 2010-01-01 text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Gary Paul Leech
    SDT solicitor 10498/2010 2010-01-01 text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Howard Robert Gillespie Young
    SDT solicitor 10661/2010 2010-01-01 found breached text match

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • David May
    SDT solicitor 10421/2010 2010-01-01 text match

    Breaches, Client Money, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Godfrey Arthur Brew
    SDT solicitor 10520/2010 2010-01-01 found breached text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • Peter James Scott
    SDT solicitor 10551/2010 2010-01-01 found breached text match

    Breaches, Client Money, Failures, Others, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Richard George Connor
    SDT solicitor 10560/2010 2010-01-01 found breached

    Breaches, Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • S Sockalingam & Others
    SDT solicitor 10599/2010 2010-01-01 text match

    Failures, Solicitors' Accounts Rules, Others

    Reprimand, Strike off 1 PDF View decision
  • Stuart Gemmell McPhail & Another
    SDT solicitor 10624/2010 2010-01-01 found breached text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Reprimand, Strike off 1 PDF View decision
  • A Kyriacou - Y Mohammed
    SDT solicitor 10517/2010 2010-01-01 text match

    Breaches, Criminal Convictions, Failures, Solicitors' Accounts Rules, Others

    S.43 Order (clerks), Suspend - Fixed Period 1 PDF View decision
  • A K Sharma & Others
    SDT solicitor 10669/2010 2010-01-01 text match

    Failures, Others

    Fine, Reprimand, Strike off 1 PDF View decision

Duty classification does not yet cover every jurisdiction (Ontario, New Zealand and Singapore decisions are indexed but not yet duty-classified), so counts here understate those corpora.