New Zealand Law Society - Who is and isn’t a lawyer
To describe themselves as a lawyer, a person must hold a current practising certificate issued by the New Zealand Law Society Te Kāhui Ture o Aotearoa. A person without a current practising certificate isn’t a lawyer (even if they have a law degree, have been admitted in New Zealand or overseas or have previously held a practising certificate).
You may come across terms like ‘barrister’, ‘solicitor’, ‘attorney’ ‘counsel’ when you are researching about the law or looking for a lawyer.
These are different words used to describe someone who practises as a lawyer. In New Zealand, someone with a practising certificate may practise as either a ‘barrister’ or a ‘barrister and solicitor’.
A lawyer who practises as a barrister generally specialises in court or tribunal work (known as ‘litigation’) and legal opinion work. There are certain restrictions on barristers including that they cannot hold money for clients, and they don’t undertake (such as property transactions).
A barrister and solicitor has very few restrictions on the work they can carry out, which means they can do both litigation and transactional work. The majority of lawyers in New Zealand practise as barristers and solicitors.
It is illegal for a person who is not a lawyer or incorporated law firm to provide legal services and to describe themselves or itself as a lawyer, law practitioner, barrister, solicitor, barrister and solicitor, attorney at law, or counsel.
Certain legal services can only be provided by lawyers
There are ‘reserved areas’ of work that can only be provided by lawyers. These typically relate to giving advice on litigation matters nd appearing in court or a tribunal.
In addition, there is some work that Parliament has stated only a lawyer can carry out. For example, certifying a relationship property agreement under the Property (Relationships) Act 1976.
Only a ‘lawyer’ or licensed conveyancer (or a person working under the direct supervision of a lawyer or conveyancer) may provide conveyancing services. ‘Conveyancing’ is work related to interests in land (such as buying or selling a house or commercial leasing).
Legal advice about general contractual and commercial matters, tax, health and safety and regulatory compliance falls outside the ‘reserved areas’ for lawyers so these services can be provided by any person. However, the requirements and protections that apply to the clients and consumers of lawyers, such as the Lawyers Complaints Service, do not cover services provided by non-lawyers.
Non-lawyer advocates are common in some areas of law (such as employment or accident compensation). These advocates do not hold a practising certificate so they are not a ‘lawyer’.
However, they may provide advice and representation in court or tribunal proceedings, if Parliament allows it or the Court or Tribunal gives permission. For example, there are exceptions in employment legislation that allows employment advocates to carry out work that ordinarily only a lawyer can do.
Non-lawyer advocates are not subject to the same requirements as lawyers
Non-lawyer advocates are not subject to the requirements that apply to lawyers or the protections that apply to lawyers’ clients or consumers. The lawyers complaints process is in place to assist people who are unhappy about the conduct of a lawyer. It is not able to address ithe conduct of non-lawyers.
A person who has a law degree and has been admitted to the roll of barristers and solicitors of the High Court of New Zealand, is not a lawyer unless they hold a current practising certificate.
Non-lawyers who provide legal services to the public must be careful that they accurately describe their qualifications, professional status and expertise to avoid misleading people. This is important so that consumers of legal service know whether they are getting services from a lawyer or not.
It is an offence for anyone who isn’t a lawyer to provide services in the reserved areas (outside the exceptions) or to engage in misleading conduct relating to the provision of legal services. The Law Society can investigate and may prosecute these offences.
To find out if the person you are considering seeking legal services or help from is a lawyer, search their name in our Registry lookup.