COMMENCING PRACTICE AS A SOLE PRACTITIONER – CHECKLIST

After two years of full-time supervision or part-time equivalent on a ‘supervised’ practising certificate you can apply to have this statutory condition removed. Detailed information on the application process can be found in the Supervised Legal Practice Guidelines on the Law Society’s website.

STEP ONE

Prerequisites

(i) Finish your period of supervised legal practice (usually two years).

AND

(ii) Successfully complete a Practice Management Course through an accredited provider.

The following course providers have been accredited:

• The Law Society of NSW
• The College of Law
• FMRC Legal
• University of NSW

STEP TWO

Law practice structure

(i) Is a SOLE PRACTITIONER business structure right for your purposes?

OR

(ii) Is an Incorporated Legal Practice (company structure) a more suitable structure for your purposes?

      (a) Consider obtaining financial and/or legal advice concerning the provision of legal services as a SOLE PRACTITIONER or LEGAL PRACTITIONER DIRECTOR of an incorporated legal practice.

      (b) Refer to the ‘commencing an incorporated legal practice checklist’ on this webpage.

STEP THREE

Name of Sole Practice

In NSW a sole trader cannot operate under any name other than the sole trader’s name unless that business name is registered. You can register your business name using ASIC’s online service.

STEP FOUR

Complete

(i) the application form found here for grant of an Australian Practising Certificate to practise as a Sole practitioner;

OR

the variation form here for grant of an Australian Practising Certificate to practise as a Sole practitioner

Note 1. The variation of practising certificate form has provision for advising the Law Society registry of the name and address of a NEW SOLE PRACTITIONER law practice.
Note 2. If applicable complete and return the prescribed form for notification of opening a General Trust Account here.
Note 3. A practising certificate entitling solicitors to practise as a Sole practitioner, WILL NOT be issued until confirmation is received from LawCover P/L that professional indemnity insurance is in place for the new Law Practice.

Click here for more information about Lawcover and professional indemnity insurance.