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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

  • Modie-Nwaefulu
    SDT solicitor 10248/2009 2009-01-01 found breached text match

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Sunil Mehra
    SDT solicitor 10264/2009 2009-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Veronica Margaret Hyland
    SDT solicitor 10383/2009 2009-01-01 text match

    Breaches, Criminal Convictions, Others

    Strike off 1 PDF View decision
  • Colin Peter Caplan
    SDT solicitor 10180/2009 2009-01-01 found breached

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

    Strike off 1 PDF View decision
  • Robert Kenneth COCHRANE
    LSC-QLD solicitor Hope Lawyers (inactive) and Qld Law Group 2008-12-19 text match

    Guilty of professional misconduct on 11 charges. Guilty of unsatisfactory professional conduct on 2 charges.

    other 1 PDF View decision
  • Holt, John Colin
    OLSC solicitor (Formerly) John C Holt Solicitor (suspended from practice 8/5/97) [2008] NSWCA 136 2008-06-13 text match

    1. Obtaining property by a false pretence 2. Appropriating trust property 3. Practising without a practising certificate — Professional Misconduct

    Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Michael Robert Smith
    SDT solicitor 10137/2008 2008-01-01 found breached text match

    Failures, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • Virginia Wood
    SDT solicitor 10042/2008 2008-01-01 text match

    Breaches, Criminal Convictions

    Strike off 1 PDF View decision
  • Stephen Benedict John Barth & Others
    SDT solicitor 10150/2008 2008-01-01 text match

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

    Strike off 1 PDF View decision
  • Hossein Gharaie
    SDT solicitor 9981/2008 2008-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Karl Phillips
    SDT solicitor 9979/2008 2008-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Barbara Joy Ledgister
    SDT solicitor 9925/2008 2008-01-01 found breached text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • Timothy Onwuamaeze Ogbuagu
    SDT solicitor 10236/2008 2008-01-01 text match

    Breaches, Failures

    Suspend - Indefinite 1 PDF View decision
  • Ranjanadevi Uttamrao Nikam
    SDT solicitor 10007/2008 2008-01-01 found breached

    Breaches, Others

    Suspend - Indefinite 1 PDF View decision
  • Trevor Symonds
    SDT solicitor 10097/2008 2008-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • John Rhys Davies
    SDT solicitor 10086/2008 2008-01-01 text match

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

    Strike off 1 PDF View decision
  • Lynn Diane Cornthwaite
    SDT solicitor 9872/2008 2008-01-01 found breached

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

    Strike off 1 PDF View decision
  • John Robert Peter Middleton
    SDT solicitor 9915/2008 2008-01-01 found breached text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • Thomas Ofordire Egole
    SDT solicitor 10041/2008 2008-01-01 found breached text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Colin John Turner
    SDT solicitor 9888/2008 2008-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Kekatos, Jim
    OLSC solicitor J Kekatos Lawyers 2007-08-28 text match

    Representing that he was entitled to and engaging in legal practice when he did not hold a 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
  • Levick, Wayne Ronald
    OLSC solicitor (Formerly) Wayne Levick & Associates [2007] NSWADT 52 2007-03-09 found breached

    Professional Misconduct: 1. The solicitor wilfully breached s.61 of the Legal Profession Act 1987 - handling of trust monies 2. The solicitor wilfully breached s.62 of the Legal Profession Act 1987 - keeping of trust ac…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Paul Nicholas Smith
    SDT solicitor 9652/2007 2007-01-01 text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Suspend - Indefinite 1 PDF View decision
  • Malcolm Reginald Brown
    SDT solicitor 9707/2007 2007-01-01 found breached text match

    Breaches, Client Money, Failures, Others

    Strike off 1 PDF View decision
  • J Kowalik
    SDT solicitor 9789/2007 2007-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    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.