SUMMARY OF THE CONDITIONS AND RESTRICTIONS THAT MAYBE IMPOSED ON A SOLICITOR'S PRACTISING CERTIFICATES

0	Sole practitioner/ Partner	Entitles the holder to practise as a sole practitioner or partner.
1	Employee - Private practice	Entitles the holder to practise only as an employe, not on his/her own account or in partnership.
2	Employee - Crown - Head Solicitor	Entitles the holder to practise as an employee of the Crown or a corporation prescribed for the purpose of Section 76(5) of the Legal Profession Act, 1987.
3	Employee - Crown - Head Solicitor	Entitle the holder to practise only as an employee of the Crown or of a corporation prescribed for the purpose of Section 76(5) of the Legal Profession Act,1987. It does not entitle his/her to practise on his/her own account or in partnership.
4	Employee - Corporation	Entitles the holder to practise only as an employee of a corporation or a person other than a solicitor.
5	Employee - Corporation	Entitles the holder to practise only as an employee, not on his/her to practise on his/her own account or in partnership.
6	Partner	Entitles the holder to practise only as a partner or employee of a solicitor who holds and has held an unrestricted New South Wales practising certificate for a period of three years. It does not entitle him/her to practise as a sole practitioner.
7	MCLE	Unless otherwise exempted the holder of this certificate is required to complete within a period of 12 months ending 31 March next year a course of Mandatory Continuing Legal Education as specified by the Council of the Law Society for that period.

[Link to text only version of table 1]

RESTRICTIONS

Restriction 2: -The holder of this certificate is not entitled to engage in private practice as a sole practitioner until he/she has completed an aggregate period of twelve months practice as an employee or partner of one or more solicitors engaged in private practice on his/her or their own account, one of whom holds an unconditional New South Wales practising certificate, or as an employee in a legal office recognised by the Law Society of New South Wales for this purpose and he/she has submitted satisfactory evidence thereof to the Law Society of New South Wales.

Restriction 3: - The holder of this certificate is not entitled to engage in private practice as a sole practitioner or in partnership* until he/she has completed an aggregate period of ......... months’ practice as an employee (or partner) of one or more solicitors engaged in private practice on his/her or their own account, one of whom holds an unconditional New South Wales practising certificate or as an employee in a legal office recognised by the Law Society of New South Wales for this purpose and he/she has submitted satisfactory evidence thereof to the Law Society of New South Wales.

*As determined by Council.

Solicitors subject to Restriction 3 are required to satisfy a period of restricted practice either as an employee or partner as determined by Council and noted on the front of this certificate.

Restriction 4: - The holder of this certificate is not entitled to engage in private practice on his/her own account as a sole practitioner until the Law Society is satisfied, on the basis of evidence submitted by the holder, that he/she has completed:-

(a) a period of twelve months, in aggregate, of approved practice as an employed solicitor.

(b) an additional period of 2 years as the employee or partner of a solicitor who, at the commencement of that period held an unrestricted practising certificate in New South Wales for not less than 3 years and continued to hold such a certificate thereafter; and

(c) The prescribed office management course.

OR Practice in Partnership

The holder of this certificate is not entitled to engage in private practice on his/her own account as the partner of another solicitor unless the Law Society is satisfied, on the basis of evidence submitted by the holder that -

(a) the holder has completed a period of twelve months, in aggregate, of approved practice as an employed solicitor; and

(b) that at least one of the solicitors with whom the holder intends to enter into partnership has held an unrestricted practising certificate in New South Wales for not less than 3 years.

Restriction 5: - Sole Practitioner - The holder of this certificate is not entitled to engage in private practice on his/her own account as a sole practitioner until the Law Society is satisfied, on the basis of evidence submitted by the holder, that he/she has completed:-

(a) a period of ......., in aggregate, of approved practice as an employed solicitor;

(b) an additional period of ....... as the employee or partner of a solicitor who, at the commencement of that period held an unrestricted practising certificate in New South Wales for not less than 3 years and continued to hold such a certificate thereafter; and

(c) the prescribed office management course.

OR Practice in Partnership

The holder of this certificate is not entitled to engage in private practice on his/her own account as the partner of another solicitor unless the Law Society is satisfied, on the basis of evidence submitted by the holder that: -

(a) the holder has completed a period of ........, in aggregate, of approved practice as an employed solicitor, and

(b) that at least one of the solicitors with whom the holder intends to enter into partnership has held an unrestricted practising certificate in New South Wales for not less than 3 years.

Restriction 6: - The holder of this certificate:-

(a) has had substantial experience in a particular field;

(b) has given an undertaking to practise only in that particular field and to do that only as an employee or partner EXCEPT the holder may practice also in some other field or fields under the supervision of a solicitor holding an unrestricted certificate;

(c) noting and allowing for the exception in (b) hereof, the employer or partners of the holder have given an undertaking to the Society that they will ensure that the holder will practise only in that particular field.

NB: Further restrictions are currently being drafted to incorporate the new guidelines which are effective from 1 January 1994.