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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

  • M Rahman
    SDT solicitor 10608/2010 2010-01-01 text match

    Breaches, Others

    Strike off 1 PDF View decision
  • Endy Okoye & David Laryea
    SDT solicitor 10497/2010 2010-01-01 text match

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

    Strike off 1 PDF View decision
  • Fazio, Peter
    OLSC solicitor Lighthouse Law Group Pty Ltd 2009-10-29 text match

    Permitting a member of staff to practise without 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
  • Ciaran R Callan
    LSI solicitor Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14 2009-07-13 found breached

    In the matter of Ciaran R Callan, a solicitor formerly practising as Callan & Company, Solicitors, River Bank House, Dodder Park Drive, Dublin 14, and in the matter of the Solicitors Acts 1954-2008 [4316/DT12/08 and Hig…

    strike_off View decision
  • Holt, Michael Francis
    OLSC solicitor Holt & Allen [2009] NSWADT 163 2009-06-26 found breached text match

    1. Misled or attempted to mislead officer of State Revenue and Trust Account Inspectors 2. Failure to account 3. False stamping of documents in attempt to defraud the Office of State Revenue 4. Misappropriation 5. Negli…

    Costs Removal of practitioner's name from the Roll of Local Lawyers $0.00 Proceedings Instituted 1 PDF View decision
  • Sokol, Marina
    OLSC solicitor (Formerly) M Sokol & Co 2009-04-09 text match

    1. Failure to properly advise client in relation to the conveyance. 2. Practising without a Practising Certificate — Professional Misconduct Unsatisfactory Professional Conduct

    Conditions on Practising Certificate Costs Fine Reprimand $5,000.00 Proceedings Instituted View decision
  • Miller, James Mathew
    OLSC barrister (Formerly) Blackstone Chambers 2009-04-02 found breached

    1, Failure to compoly with Notices issued under Section 660 of the Legal Profession Act 2004 2. Failure to provide to the Bar Council written Notice in respect of Show Cause events under Section 67(2)(a) of the Legal Pr…

    Cancellation of Practising Certificate $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
  • John Davidson
    SSDT solicitor John Davidson, Solicitor, Ivybank House, 22 Forrest Street, Airdrie 2009-03-26 found breached
    strike_off No Appeal 1 PDF View decision
  • Ryner, Peter James
    OLSC solicitor Hill Ryner & Co 2009-03-20 found breached text match

    1. Fabrication of file notes 2. Giving false evidence 3. False attestation of Power of Attorney 4. Giving a false certificate under Section 163F(2) of the Conveyancing Act 1919 5. Creating a false entry on a safe custod…

    Costs Removal of practitioner's name from the Roll of Local Lawyers Undertaking given not to apply for Re-Admission as a Lawyer in New South Wales or any Australian jurisdiction $0.00 Proceedings Instituted View decision
  • Kelly, Michael John
    OLSC solicitor (Formerly) Michael Kelly Solicitor 2009-02-19 found breached

    1. The Solicitor has practised outside the terms of his Practising Certificate. 2. The Solicitor has practised as a sole practitioner whilst not the holder of an unrestricted principal?s Practising Certificate. 3. The S…

    Suspension of Practising Certificate $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
  • Alan Lewis Benstock
    SDT solicitor 10176/2009 2009-01-01 text match

    Breaches, Client Money, Criminal Convictions, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • Ranjit Kaur
    SDT solicitor 10344/2009 2009-01-01 found breached text match

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

    Strike off 1 PDF View decision
  • John Howard Caswall Fry & Another
    SDT solicitor 10358/2009 2009-01-01 text match

    Breaches, Client Money, Solicitors' Accounts Rules, Others

    Fine, Strike off 1 PDF View decision
  • Stephen David Baron
    SDT solicitor 10351/2009 2009-01-01 text match

    Breaches, Criminal Convictions, Failures

    Strike off 1 PDF View decision
  • Mary Y P Fernando & Michael F Andrews
    SDT solicitor 10182/2009 2009-01-01 found breached text match

    Client Money, Failures, Solicitors' Accounts Rules, Others

    S.43 Order (clerks), Suspend - Indefinite 1 PDF View decision
  • Nicholas J H Bennett & Bennets Law Practice Ltd
    SDT solicitor 10389/2009 2009-01-01 found breached

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

    Revocation of recognised body status, Strike off 1 PDF View decision
  • Indira Butcher
    SDT solicitor 10372/2009 2009-01-01 found breached text match

    Breaches, Solicitors' Accounts Rules, Others

    Suspend - Indefinite 1 PDF View decision
  • John Damian Gaskell
    SDT solicitor 10398/2009 2009-01-01 text match

    Breaches, Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • Iwona Dettlaff
    SDT solicitor 10301/2009 2009-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Matthew Kenneth Sproston
    SDT solicitor 10242/2009 2009-01-01 found breached text match

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • David John Shoesmith
    SDT solicitor 10360/2009 2009-01-01 text match

    Breaches, Failures

    Suspend - Indefinite 1 PDF View decision
  • Stephen Richard Outram
    SDT solicitor 10325/2009 2009-01-01 found breached

    Breaches, Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • Alan Matthew Avetoom & Another
    SDT solicitor 10208/2009 2009-01-01 found breached

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

    Reprimand, Strike off 1 PDF View decision
  • C H M Robson & Another
    SDT solicitor 10280/2009 2009-01-01 found breached

    Breaches, Failures, Solicitors' Accounts Rules, Others

    Fine, Strike off 1 PDF View decision
  • Paul Michael Hewitt & Another
    SDT solicitor 10368/2009 2009-01-01 found breached text match

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

    Fine, 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.