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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

  • Patrick Callanan
    LSI solicitor n/a 2018-04-11 found breached

    In the matter of Patrick Callanan, and in the matter of an application by the Law Society of Ireland to the Solicitors Disciplinary Tribunal, and in the matter of the Solicitors Acts 1954-2015 [7251/DT88/10]; High Court…

    strike_off View decision
  • Roy William Andrew Miller
    SSDT solicitor Roy William Andrew Miller, formerly trading under the firm name of Miller & Co., latterly as a sole practitioner, at 6 St Ninian Terrace, Crown Street, Glasgow 2018-03-07 text match
    strike_off No Appeal 2 PDFs View decision
  • Peter Wareing
    BTAS barrister Inner Temple 2018-02-26 found breached
    Final 2 PDFs View decision
  • Ehsan Kabir & Second Respondent
    SDT solicitor 11849/2018 2018-01-01 found breached

    Breaches

    S.43 Order (clerks), Strike off 1 PDF View decision
  • Martyn Robert Brown
    SDT solicitor 11900/2018 2018-01-01 text match

    Breaches, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Tharanjit Biring
    SDT solicitor 11865/2018 2018-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Mark Henry David Payne
    SDT solicitor 11908/2018 2018-01-01 text match

    Breaches, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Abosede Akinleye
    SDT solicitor 11810/2018 2018-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Diljit Bachada
    SDT solicitor 11866/2018 2018-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Lee Lipson
    SDT solicitor 11860/2018 2018-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Biscoe, Craig Anthony Peter
    OLSC barrister [2017] NSWCA 286 2017-11-09 text match

    1. Continuing to practise without renewing practising certificate 2. Made false and misleading statements to clients, courts and Legal Aid — Professional Misconduct

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Hammond, Misha Nicholas
    OLSC barrister 4th Floor Wentworth Chambers 2017-08-10 found breached

    1. Did not provide evidence of completion of his reading requirements 2. Provided false or misleading information to the Bar Association about the status of his completion of his civil and criminal reading 3. Did not co…

    Impose conditions on Practising Certificate 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
  • Curran, Christopher Francis
    OLSC solicitor Makinson & d'Apice [2017] NSWCATOD 40 2017-03-21 text match

    1. Misappropriation of trust monies and monies otherwise due to his employer 2. Pressuring complainant to withdraw complaint 3. Practising without a practising certificate 4. Practised as a solicitor in breach of his un…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Andrew John Peters
    SDT solicitor 11746/2017 2017-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Dianna Lee (AKA Gerald)
    SDT solicitor 11594/2017 2017-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Neil Ian Benson
    SDT solicitor 11617/2017 2017-01-01 text match

    Breaches

    Strike off 1 PDF View decision
  • Paul Anthony Dumbleton & Martin James Gabriel & Barrie Yorath Jones
    SDT solicitor 11605/2017 2017-01-01 text match

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • David Andrew Wilson & Natalie Jane Crompton
    SDT solicitor 11629/2017 2017-01-01 text match

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Suspend - Fixed Period 1 PDF View decision
  • Edward Nicholas Proffitt
    SDT solicitor 11640/2017 2017-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Stewart Stocker
    SDT solicitor 11724/2017 2017-01-01 text match

    Breaches

    Strike off 1 PDF View decision
  • Gavin Dowell
    SDT solicitor 11757/2017 2017-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Stephen Charles Pickard
    SDT solicitor 11758/2017 2017-01-01 text match

    Criminal Convictions

    Strike off 1 PDF View decision
  • Huw Price
    SDT solicitor 11753/2017 2017-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Mark Antony Whittaker
    SDT solicitor 11676/2017 2017-01-01 found breached text match

    Breaches, Client Money, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Michael Lloyd Wilson
    SDT solicitor 11656/2017 2017-01-01 text match

    Criminal Convictions

    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.