Not renewing practising certificate

This is the fifth in a ten-part series

Part One - Bullying

Part Two - Egotism 

Part Three - Conflict in the workplace

Part Four - Career timing

By Daniela Aroche

To practice law in Australia without a valid practising certificate is an offence - so it goes without saying that not renewing your practising certificate at the proper time can be one of the biggest mistakes you can make as a lawyer.

The professional association to which a lawyer applies for a practising certificate differs - typically, solicitors apply to a law society and prospective barristers to a bar association; but in 'fused' jurisdictions, such as South Australia, the law society issues practising certificates for both solicitors and barristers. All practising certificates must be renewed annually.

If they are not renewed at the right time, it could cost you your career.

"It is illegal to practise as a solicitor without a current  practising certificate, so [not renewing it] is not an option," said a spokesperson from the Law Society of NSW. "Penalties for practicing as a solicitor without a practicing certificate can include a maximum A$22,000 fine and it can also constitute professional misconduct or unprofessional conduct and, depending on the length of time a lawyer practises without a certificate and whether it was deliberate or not. A range of orders can be made as well as the fine, including an order removing the person's name from the roll of lawyers."

Renewal is also usually subject to certain conditions and solicitors must comply with a number of statutory requirements as part of the renewal process, including having professional indemnity insurance and showing completion of the mandatory CLE (continuing legal education).

According to the spokesperson from the Law Society of NSW, there are a few circumstances where lawyers may not renew their practising certificates.

"Some solicitors will let their certificate lapse for a while if they are going overseas or not using it for a period of time and then re-apply for it when they wish to commence practice again. Also, solicitors generally don't renew their certificate if they are retiring or no longer wish to practise as a solicitor - for example, if they're moving to a non-legal position."

This is one circumstance where renewing a practising certificate is not required - but it might be a good idea anyway.

"If a lawyer is considering a 'switch' to corporate management, they can elect to retain their practising certificate regardless of whether they are practising or not," said the spokesperson from the Law Society of NSW.

It may not be a bad idea according to the experts in last weeks' article - click here - if the move into management isn't all roses, you can always settle back into legal life immediately.