Practising certificate

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A practising certificate is a licence to practise a particular profession.

Contents

In the legal profession, solicitors and barristers may need a current practising certificate before they can offer their services. The authority that administers the practising certificate varies by jurisdiction.

Legal profession is a profession, and legal professionals study, develop and apply law. Usually, there is a requirement for someone choosing a career in law to first obtain a law degree or some other form of legal education.

A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to practise there as such. For example, in England and Wales a solicitor is admitted to practise under the provisions of the Solicitors Act 1974. With some exceptions, practising solicitors must possess a practising certificate. There are many more solicitors than barristers in England; they undertake the general aspects of giving legal advice and conducting legal proceedings.

Barrister lawyer specialized in court representation in Wales, England and some other jurisdictions

A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the philosophy, hypothesis and history of law, and giving expert legal opinions. Often, barristers are also recognised as legal scholars.

Practising certificates for lawyers by jurisdiction

Australia

In Australia, the authority that issues the practising certificate depends on whether the lawyer is a barrister or solicitor (or in jurisdictions where these roles are fused, both) and the state or territory in which they are practising. In Queensland for example, solicitors' practising certificates are issued by the Queensland Law Society, which also functions as a representative body for solicitors. In the case of barristers, the Queensland Bar Association issues practising certificates.

Fiji

The Fiji Law Society issued practising certificates until 2009, when the government of Frank Bainimarama banned it from doing so. [1] Lawyers' certificates were made to expire seven months early, and each lawyer was required to obtain a new certificate from the Chief Registrar of the High Court. [1] The Law Council of Australia issued a statement, expressing concern that this was part of a move for the government to control Fiji's legal profession to prevent opponents of the military coup of 5 December 2006 from practising law. [1]

Frank Bainimarama 21st-century Prime Minister of Fiji

Josaia Voreqe Bainimarama CF, MSD, OStJ, known commonly as Frank Bainimarama and sometimes by the chiefly title Ratu, is a Fijian naval officer and politician who has been Prime Minister of Fiji since 2007. He was the Commander of the Fijian Military Forces from 1999 to 2014. While holding the office of Prime Minister, he has temporarily held various ministerial portfolios: Information, Home Affairs, Immigration, Public Service, Indigenous and Multi-Ethnic Affairs, Finance, and Foreign Affairs.

2006 Fijian coup détat coup détat in Fiji

The Fijian coup d'état of December 2006 occurred as a continuation of the pressure which had been building since the military unrest of the 2000 Fijian coup d'état and 2005–06 Fijian political crisis.

Ireland

Solicitors in Ireland are required to have a practicing certificate in order to provide legal advice. Practicing certificates are issued by the Registrar of Solicitors at the Law Society of Ireland and solicitors must reapply annually to receive a certificate valid for one year. It is a criminal offence to practice without a certificate. [2]

Law Society of Ireland organization

The Law Society of Ireland is the educational, representative and regulatory body of the solicitors' profession in the Republic of Ireland. As of 2011, the Law Society had over twelve thousand members, all solicitors, a staff of 207 and an annual turnover of €30m.

United Kingdom

England and Wales

The Solicitors Regulation Authority regulates solicitors and issues their certificates.

The Solicitors Regulation Authority (SRA) is the regulatory body for solicitors in England and Wales.

See also

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A law society is an association of lawyers with a regulatory role that includes the right to supervise the training, qualifications, and conduct of lawyers. Where there is a distinction between barristers and solicitors, solicitors are regulated by the law societies and barristers by a separate bar council.

The call to the bar is a legal term of art in most common law jurisdictions where persons must be qualified to be allowed to argue in court on behalf of another party and are then said to have been "called to the bar" or to have received a "call to the bar". "The bar" is now used as a collective noun for barristers, but literally referred to the wooden barrier in old courtrooms, which separated the often crowded public area at the rear from the space near the judges reserved for those having business with the Court. Barristers would sit or stand immediately behind it, facing the judge, and could use it as a table for their briefs.

The Bachelor of Laws is an undergraduate degree in law originating in England and offered in Japan and most common law jurisdictions—except the United States and Canada—as the degree which allows a person to become a lawyer. It historically served this purpose in the U.S. as well, but was phased out in the mid-1960s in favor of the Juris Doctor degree, and Canada followed suit.

Bar council professional body of barristers

A bar council or bar association, in a common law jurisdiction with a legal profession split between solicitors and barristers or advocates, is a professional body that regulates the profession of barristers. In such jurisdictions, solicitors are generally regulated by the law society.

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Trainee solicitor

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Admission to practice law

An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates.

Law Society of British Columbia organization

The Law Society of British Columbia is the regulatory body for lawyers in British Columbia, Canada.

Legal professions in England and Wales are divided between two distinct branches under the legal system, those of solicitors and barristers. Other legal professions in England and Wales include acting as a judge, as the Attorney-General, as a Solicitor-General, or as the Director of Public Prosecutions.

The Nova Scotia Barristers' Society is the statutory body charged with the regulation of the legal profession in the Canadian province of Nova Scotia.

References

  1. 1 2 3 "Fiji practising certificates to expire 7 months early". Lawyers Weekly. 26 May 2009. Retrieved 23 November 2014.
  2. "Practising Certificate 2018 Notice". www.lawsociety.ie. Retrieved 2018-05-28.