Skip to main content
discipline 4 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.

389 cases 65% strike-off avg suspension 19.4 mo avg fine 23,700 64 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 13 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 8 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 8 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 3 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

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

  • Jeremy Fieldhouse
    SDT solicitor 9555/2006 2006-01-01 found breached text match

    Others

    Suspend - Indefinite 1 PDF View decision
  • Hammond, Frank Douglas
    OLSC solicitor Not Practising [2006] NSWADT 23 2005-11-28 text match

    Failure to comply with a Notice under Section 152 of the Legal Profession Act 1987 — Professional Misconduct

    Costs Fine Reprimand No practising certificate issued until compliance with Notice under Section 152 LPA 1987 $1,000.00 1 PDF View decision
  • Berry, Graham Leonard
    OLSC solicitor Graham L Berry [2005] NSWADT 46 2005-03-04 found breached

    ADT Failure to comply with a Notice issued pursuant to Section 152 of the Legal Profession Act 1987 (NSW) Solicitor's name was removed from the Roll; Costs Supreme Court of New South Wales Court of Appeal - By consent: …

    Professional Misconduct View decision
  • Stephen Morecroft
    SDT solicitor 9356/2005 2005-01-01 found breached

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

    Strike off 1 PDF View decision
  • Stuart Samual Garcia & John Martin
    SDT solicitor 9193 2005-01-01 found breached

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

    Strike off 1 PDF View decision
  • Louis Hardy Charlebois
    SDT solicitor 9315/2005 2005-01-01 found breached

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

    Strike off 1 PDF View decision
  • Arlene McNaught
    SDT solicitor 9185/2005 2005-01-01 found breached

    Others

    Strike off 1 PDF View decision
  • Mulkh Raj Mehta
    SDT solicitor 9187/2005 2005-01-01 text match

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Christopher Onyeka Agwu & Another
    SDT solicitor 9337/2005 2005-01-01 found breached

    Client Money, Failures, Solicitors' Accounts Rules, Others

    Fine, Strike off 1 PDF View decision
  • Sally Frances Keable
    SDT solicitor 9197/2005 2005-01-01 found breached

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

    Suspend - Indefinite 1 PDF View decision
  • Peter Madu Obidi
    SDT solicitor 9262/2005 2005-01-01 found breached

    Criminal Convictions, Failures, Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Keith Roberts
    SDT solicitor 9292/2005 2005-01-01 text match

    Solicitors' Accounts Rules, Others

    Strike off 1 PDF View decision
  • Derildene Erika Elizabeth Brown
    SDT solicitor 9178/2005 2005-01-01 found breached

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • Christopher Richard Darke
    SDT solicitor 9282/2005 2005-01-01 found breached text match

    Breaches, Client Money, Failures, Others

    Strike off 1 PDF View decision
  • David Roy Edwin Sims
    SDT solicitor 9367/2005 2005-01-01 text match

    Failures, Others

    Strike off 1 PDF View decision
  • Douglas Mark Walters
    SDT solicitor 9379/2005 2005-01-01 text match

    Breaches, Failures, Others

    Strike off 1 PDF View decision
  • McCaffery, Nicholas Luke
    OLSC barrister [2004] NSWCA 470 2004-12-17 text match

    1. Practised as a barrister whilst not holding a current practising certificate as a barrister 2. Held himself out to be a barrister — Professional Misconduct

    Removal of practitioner's name from the Roll of Local Lawyers $0.00 1 PDF View decision
  • Mannix, John Joseph
    OLSC solicitor Not Practising 2004-11-08 text match

    1. Wilful breach of Section 61 of the Legal Profession Act 1987 - handling of trust moneys 2. Wilful breach of Section 62 of the Legal Profession Act 1987 - keeping of trust accounts 3. Practising without a practising c…

    Refusal to issue 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
  • Gordon Leslie Kingan
    SDT solicitor 9013/2004 2004-01-01 found breached

    Breaches, Client Money, Failures, Solicitors' Accounts Rules

    Strike off 1 PDF View decision
  • N P Adams and M J Scrace
    SDT solicitor 9073/2004 2004-01-01 found breached

    Breaches, Failures, Others

    Suspend - Fixed Period, Suspend - Indefinite 1 PDF View decision
  • John Leslie Hales
    SDT solicitor 9085/2004 2004-01-01 found breached text match

    Failures, Others

    Suspend - Indefinite 1 PDF View decision
  • Sukvinder Singh Bamrah
    SDT solicitor 9093/2004 2004-01-01 found breached

    Breaches, Others

    Strike off 1 PDF View decision
  • Brenda Rosina Baldwin
    SDT solicitor 9144/2004 2004-01-01 found breached

    Failures, Solicitors' Accounts Rules

    Suspend - Indefinite 1 PDF View decision
  • S J Ryan and S J Pyke
    SDT solicitor 9077/2004 2004-01-01 found breached

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

    Strike off 1 PDF View decision
  • John William Hughes
    SDT solicitor 9047/2004 2004-01-01 found breached text match

    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.