Foreign Lawyers – Overseas qualification assessment in NZ

I am back to Uni, but this time my goal isn't to complete a bachelor's or master's degree. In this new phase, my objective is to be admitted as a solicitor and barrister of the High Court in New Zealand. In this article, I want to share my experience about the admission process.

Note: For those who don't know me, I studied Law in Mexico and now work as a commercial senior solicitor in New Zealand. I wrote this article in Spanish back in 2021. Since then, I have received good feedback from Spanish and Latin-American lawyers and made great connections. I am translating the article so English-speaking lawyers can also know about the process. I have included additional progress updates and notes at the end of the article.

In New Zealand (NZ), lawyers are regulated by the New Zealand Law Society (NZLS). The NZLS is primarily responsible for registering lawyers in the country, issuing practising certificates that authorise them to provide legal services, and managing complaint processes against lawyers in NZ.

Under NZ law, foreign lawyers can provide legal services without needing a practising certificate issued by the NZLS, but they have several restrictions. For instance, foreign lawyers in NZ without an NZLS certificate cannot represent clients in courts or tribunals. This significantly limits the scope of work for lawyers who are litigators (barristers) in their home countries. You also cannot claim to be a local lawyer as you must inform your clients that you studied law outside the country and don't possess an NZLS practising certificate, meaning you're not an NZ lawyer. That's why my job title says "admitted in Mexico".

I recommend checking out this link for more information about the restrictions imposed on foreign lawyers working in NZ. The law that regulates lawyers' activities in NZ is the Lawyers and Conveyancers Act 2006 (look into the definitions of "Legal Services" and "Reserved Areas of Work").

To be able to call yourself a lawyer in NZ without any restrictions, you need to go through a process called "overseas qualification assessment" with the "New Zealand Council of Legal Education" (NZCLE). Some mistakenly refer to this process as the conversion of the degree. You're not converting your title (say from Mexico to NZ), you're accrediting the requirements to become a local lawyer.

In this process, the NZCLE reviews what you studied in your home country and your professional experience (in that country or anywhere else) and compares it with the standards that someone desiring to be a lawyer in NZ must meet. At the end of the assessment, the NZCLE provides an opinion indicating the requirements you must fulfil to be admitted to the High Court of NZ and to obtain your practising certificate issued by the NZLS.

The process begins with an application to the NZCLE to assess your studies and professional experience. The NZCLE has an informative brochure on its website with all the requirements you must meet to submit your application (this brochure is regularly updated, so make sure to refer to the current version).

In summary, the documents you need to provide include:

• CV – summarising your academic and professional experience;
• Academic Transcript of your Law degree and any postgraduate studies you've completed (e.g. Diplomas and Master's degrees). These academic transcripts must list all the courses you took and your grades;
• Law School Handbook – this document should outline the course structure, content/syllabus of each subject, and their duration;
• Proof of your professional experience – this includes reference letters from your employers describing your skills and activities in that job;
• Proof of admission to a professional body – also known as a bar association, or if this doesn't exist in the country where you studied (e.g. Mexico), proof that you have a license or certificate to practice as a lawyer in your country; and
• Proof of English proficiency – there are several ways to prove this, including taking an IELTS exam with a score of at least 7.5 or studying a Law course in English for at least one year while residing in an English-speaking country.

All these documents must be certified by an authorised person in NZ (e.g. a lawyer, notary, or Justice of Peace) and translated into English by a certified translator in NZ. The application format is flexible, but if you'd like a template, feel free to ask, and I can share my application draft for your reference.

Once you submit your application to the NZCLE, they will contact the relevant authorities in your country to verify that all the information you provided is accurate and true. This process can take several weeks. In my case, it took 12 weeks, and the NZCLE contacted me a couple of times for additional information.

The NZCLE will provide an opinion on the next steps for you to be admitted to the High Court of NZ. The options may include one, several or all of the following steps:

• Completing or passing exams related to the core subjects of the Law program in NZ (including subjects like Contracts, Public Law, Criminal Law, Torts, and Property Law);
• Completing a practical training course – to develop practical skills for everyday legal practice (in NZ, this course is a requirement for all Law students); and/or
• Completing an ethics course.

Once you've fulfilled the requirements specified by the NZCLE, you need to obtain a Certificate of Compliance and another certificate from the NZLS confirming that you meet the requirements to be admitted to the High Court of NZ.

Once you meet these requirements mentioned in the previous steps, you can attend the admission ceremony at the High Court of NZ. This is one of the most emotional and culminating moments of this process. The ceremony is formal, and candidates take an oath pledging to conduct themselves honestly and truthfully in their legal practice.

After this ceremony, new lawyers can apply for their practising certificate from the NZLS.

I am currently at step 3. The NZCLE requested that I complete the core papers mentioned above to be admitted in NZ. Without a doubt, this is a lengthy but achievable process. This semester, I will take the Trusts, and two more subjects in the following one. At the university I'm attending, the Property Law subject is divided into three courses, so I'll need to study 7 courses (which will take approximately three years if everything goes well, depending on my workload and study time).

I want to clarify that as a commercial solicitor, the restrictions on my daily practice are minimal since I don't handle cases in any courts or tribunals. This means you don't need to be admitted in NZ to secure a job at a law firm (as was my case), but it's certainly beneficial.

I'm going through this process because I've decided to live permanently in NZ. I want my clients to be confident that I possess sufficient local legal knowledge to provide high-quality service. As an added value, I can offer my Mexican law expertise and provide legal advice in Spanish.

Please reach out if you have any questions about the process, want to share your experience, or have any other comments. I'll be happy to read your thoughts on this article.

• Once the NZCLE opinion is issued, you have 10 years to fulfil the requirements.
• 28 August 2021, I've completed the Trusts subject at AUT. I'm currently taking the Real Property subject, also at AUT.
• 20 November 2022, I've completed the Trusts, Real Property, and Law of Contract at AUT. I'm enrolled to take the Torts in 2023. As an additional note, I want to share that I haven't been able to take more than one paper per semester due to my workload. AUT's Law of Contract, Public Law, Criminal Law, and Torts are full-year courses. It will take me over three years to complete these courses (not as I initially thought). Thank you to all those who have messaged me and reached out to share their stories. I hope this article continues to help lawyers interested in being admitted in NZ.
• 10 March 2024, I have completed Torts and currently talking Criminal Law. I expect to take Public law next year and decide in the following months whether I will enrol in the second semester of 2024 or 2025 Personal Property. Again, thank you to all those who have messaged me. It has been a pleasure to meet some of you in person and to discuss your different situations and options.