You might have found a lawyer through a friend’s recommendation or a directory like this one. Before you hand over documents or pay any money, it’s worth taking a few minutes to check a lawyer is registered and holds a current practising certificate. The check is free and can usually be done online in a couple of minutes. It also gives you a sensible starting point for the other questions you’ll want to ask before you engage anyone.
This guide explains how lawyer registration works in Australia and where to look in each state and territory. It’s general information to help you find your way around the system. It isn’t a substitute for advice about your own situation.
Why It’s Worth Checking a Lawyer Is Registered
In Australia, being admitted as a lawyer and being allowed to practise are two different things. Someone can be admitted to the legal profession but not hold a current practising certificate, for example because they’ve moved into another career or let the certificate lapse. The Victorian Legal Services Board and Commissioner explains that a lawyer who engages in legal practice without a valid practising certificate is engaging in unqualified legal practice. The other states and territories have their own legislation setting out who may practise.
For you as a client, a current certificate means the person has met the requirements of the local regulator to practise. It doesn’t tell you whether a lawyer is the right fit for your matter, but it does confirm they are permitted to act for you. If someone is unwilling to give you their full name or tell you which state issued their certificate, that is worth noting.
How Lawyer Registration Works Across Australia
There is no single national register of lawyers. Each state and territory issues its own practising certificates and keeps its own records, usually through the local law society or legal practice board. New South Wales, Victoria and Western Australia share a common framework known as the Legal Profession Uniform Law, which is overseen by the Legal Services Council. Queensland, South Australia, Tasmania, the ACT and the Northern Territory each have their own legal profession legislation.
The practical result is that you check a lawyer with the body in the state or territory where their certificate was issued. Most lawyers practise in the state where their office is, so that’s usually the place to start. Some lawyers work across borders, so a lawyer who doesn’t appear on one state’s register may still hold a certificate elsewhere. If you’re unsure, ask the lawyer directly which body issued their certificate.
Where to Check in Each State and Territory
In the three Uniform Law states, the public registers are run by different bodies. The Law Society of NSW keeps the NSW Register of Solicitors, which lists solicitors with a current practising certificate. Victoria has a Register of Lawyers, which lets you check whether a lawyer or law practice is registered in that state. Over in Western Australia, the Legal Practice Board’s Find a Lawyer search covers people who have been admitted as lawyers in WA.
The Queensland Law Society keeps a Register of Solicitors covering current legal practitioners in Queensland. South Australia’s Register of Practising Certificates, kept by the Law Society of South Australia, lists everyone holding a South Australian practising certificate. The Law Society of the Northern Territory publishes lists of current NT legal practitioners on its website.
Tasmania and the ACT are a little different, with the local law societies running online directories rather than a simple certificate search. The Law Society of Tasmania and the ACT Law Society both list lawyers and firms in their jurisdiction. If you can’t confirm a lawyer’s certificate from the directory, you can contact the law society by phone or email and ask. The Law Council of Australia also keeps a list of every state and territory law society if you need contact details.
What the Register Can and Can’t Tell You
A register entry generally confirms the person’s name, that they hold a certificate and often the firm they work for. It won’t tell you how much experience they have in your type of matter or how they charge. The Law Society of NSW notes that the type of practising certificate shown does not necessarily reflect the position a solicitor holds at their firm. Treat the register as a check on whether someone can practise, rather than a guide to their skill.
Solicitors and barristers are also listed in different places. The solicitor registers above may not include barristers, who are regulated through the bar associations in many states. If you’ve been referred to a barrister, your solicitor can usually confirm their details, or you can contact the local bar association. Some regulators also publish registers of disciplinary action, including in New South Wales, Queensland, Western Australia, South Australia and Tasmania. Victoria’s Register of Lawyers has a filter that shows individuals with disciplinary action recorded.
Other Things to Check Before You Engage a Lawyer
Once you’ve confirmed a lawyer is registered, the next step is working out whether they’re suited to your matter. Most people find it useful to ask about the lawyer’s experience with cases like theirs and how costs will be worked out. Our article on questions to ask your potential lawyer goes into this in more detail. It also helps to keep a short note of what was discussed at your first meeting.
A short checklist you can use before signing anything:
- The lawyer’s full name and the firm they work for
- The state or territory that issued their practising certificate
- Their experience with matters similar to yours
- How fees are calculated and an estimate of total costs in writing
- Who at the firm will be doing the day to day work on your file
If you’re looking for help with a particular area of law, the directory groups firms by practice area and city. For example, you can compare family lawyers by city or look through property lawyers across Australia. Each listing links to the firm’s own website, where you can read more about the people you’d be dealing with.
If Something Doesn’t Look Right
If you can’t find a lawyer on any register, or the details don’t match what you’ve been told, it’s sensible to pause before going further. Ask the person to confirm which body issued their certificate and check again. If you still have concerns, the regulator or law society in that state is the right place to ask. The NSW Office of the Legal Services Commissioner keeps a list of legal regulators in other states, and the NSW Commissioner handles complaints about lawyers in New South Wales.
Find a Registered Lawyer Near You
Checking a lawyer’s registration only takes a few minutes, and it means you can go into your first meeting knowing the basics are in place. From there, you can focus on whether the lawyer understands your matter and explains things in a way that makes sense to you. Lawyers List covers every Australian capital city across a range of practice areas. You can search for a lawyer near you and start your shortlist today.
Frequently Asked Questions
Is there a national register of lawyers in Australia?
No. Each state and territory keeps its own records of the practising certificates it issues. You check a lawyer with the regulator or law society in the state where their certificate was issued.
What is a practising certificate?
A practising certificate is the authority a lawyer needs to engage in legal practice in Australia. It is issued by the regulator or law society in each state or territory. Being admitted as a lawyer does not on its own allow someone to practise.
Can I check if a lawyer has been disciplined?
In many cases, yes. Several states publish registers of disciplinary action, including New South Wales, Queensland, Western Australia, South Australia and Tasmania. Victoria’s Register of Lawyers can be filtered to show lawyers with disciplinary action recorded.
Are barristers on the same register as solicitors?
Not always. In many states barristers are regulated through the local bar association, so they may not appear on a solicitor register. Your solicitor or the bar association in your state can usually confirm a barrister’s details.
Disclaimer: This article is general information only and is not legal advice. Laws and procedures vary between states and territories and may change. For advice about your own situation, please speak with a qualified lawyer.