Pathways for Overseas Lawyers to Work in NZ's Legal Industry

Are you an overseas lawyer looking to practice law in New Zealand and uncertain about the pathways available to you? This short article explores a range of options and considerations for foreign lawyers seeking to establish themselves in New Zealand's legal industry.

Since arriving in New Zealand in 2018, I've shared various articles about my experience as an international student, selecting and financing a masters degree, transferring legal skills to a new jurisdiction and gaining admission as a solicitor and barrister of the High Court of New Zealand. 

These articles have connected me with numerous overseas qualified lawyers, both in New Zealand and abroad, who are keen to understand how to secure jobs in the NZ's legal industry. If you're an overseas lawyer considering a career move to New Zealand, I trust that this article will provide you with the initial knowledge and insights needed for this journey.

[NOTE: This article is for informational purposes only and does not constitute legal, career, or immigration advice. The information presented is based on my experiences in New Zealand, personal opinions/research, and discussions with other overseas qualified lawyers.]

In New Zealand (NZ), individuals holding a current New Zealand practising certificate issued by the Law Society are recognised as lawyers and are regulated as such under the Lawyers and Conveyancers Act 2006 (LAC). The New Zealand Law Society (NZLS) is 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 the LAC, foreign lawyers can provide legal services without needing a practicing certificate issued by the NZLS, but they have several restrictions. For example, 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 that you don't possess an NZLS practising certificate, meaning you're not a NZ lawyer. 

In NZ, aspiring lawyer typically start by studying a Bachelor of Laws (LLB) and a professional legal studies course (Profs) in order to be admitted to the High Court of NZ. Law students can become summer clerks during their third year, gaining practical experience in law firms or companies.

After graduating from law school, they become eligible to be law grads and after finishing Profs and being admitted to the High Court, they become eligible to work as solicitors year 1 in law firms, progressing through various levels of seniority.

Depending on each law firm the structure includes Solicitors year 1 to 3 or 4, Senior Solicitors, Associates and Senior Associates. The next step would be to become a Partner or a Special Counsel (if you do not want to be a Partner). 

[NOTE: Each law firm has its own structure, the above is for illustrative purposes. Companies and consulting firms might have a different structure.]

In NZ, every year, many Solicitors year 3 and 4 move overseas, creating a demand for Solicitors year 4, Senior Solicitors, Associates and Senior Associates. Overseas lawyers with more than 3 or 4 years of post qualification experience (PQE) are sought after to fill these positions, especially in corporate, employment, banking and finance, property and commercial law.

For those without at least 3 PQE, obtaining a job in NZ can be challenging as they are not eligible for summer clerkships or law grad programmes. However, there are still options available, please keep reading. 

Every case is different but some pathways that overseas qualified lawyers can undertake in order to work as a solicitor in NZ include:

1. Studying a Bachelor of Laws (LLB) in NZ: This pathway is an excellent option for overseas lawyers without at least 3 PQE. Enrolling in a LLB programme in New Zealand will give you  opportunities for internships, and potential summer clerkships or law grad programmes. These practical experiences can serve as valuable stepping stones towards a successful legal career in the country. A full time student may be able to complete an LLB in 3 years.

• Benefits: Obtaining a NZ practising certificate and access the same opportunities as local law students.
• Disadvantages: Tuition fees apply, potentially at international rates.

2. Pursuing an LLM or a PhD: While advanced degrees can enhance academic profiles, practical experience holds more weight in NZ's legal profession. Read more about LLM programmes here. 

• Benefits: Personal milestone achievement.
• Disadvantages: Tuition fees apply, and job prospects may be limited without sufficient PQE.

3. Seeking Employment as a Solicitor: Foreign lawyers with a minimum of 3 PQE can explore opportunities as solicitors or senior solicitors in New Zealand. Engaging with Pink Fern Consulting, legal recruiters and immigration advisers is key to obtain insights into available job openings and immigration processes. This will facilitate a smooth transition into the NZ legal market.

• Benefits: No tuition fees; you can work in NZ without a NZ practising certificate (if you do not work in a restricted area, as explained above).
• Disadvantages: Difficulty contacting law firms; immigration laws can be complex. Get in touch with us for an initial consultation, we will guide you and refer you to recruiters specialised in the legal industry in NZ and immigration advisers. They can help identifying what are the best options for you and making an introduction. Talking to an immigration expert as early as possible is essential to understand the visa options that are best for you (and your family) and the pathways to residency in NZ.

4. Overseas Qualification Assessment: Overseas lawyers already working in New Zealand can consider undergoing an overseas qualification assessment to obtain a New Zealand practicing certificate. This process enables lawyers to practice in restricted areas of law and may involve international fees and a time commitment. However, it presents a pathway to expanding your legal practice and qualifications in New Zealand. For more information about this process click here.

5. Seeking Employment in the Legal Industry: Some overseas lawyers have started their legal careers in NZ as Compliance Officers, legal assistants, legal executives, working in roles related to Anti-Money Laundering or privacy as well as in NGOs. Depending on the area of law that you are interested these could be additional options for you to consider. 

Meticulous planning is essential for a successful transition into the NZ legal industry. 

Understanding the regulatory framework, market dynamics, and immigration requirements is crucial for informed decision-making.

There are many resources available that can assist you understanding the legal industry, your options if you want to study in NZ (including scholarships) and the type of CV and cover letter that you should submit when applying for a job. 

Please get in touch with Pink Fern Consulting, if you have any questions, want to share your experience, or have any other comments. We will be glad to hear your thoughts on this article. 

If you fall into any of the following categories, we are here to help:

• Overseas qualified lawyer interested in moving to NZ or already in NZ and seeking to work in the legal industry, please share your key questions, concerns or obstacles that you're facing.
• Overseas qualified lawyer already working in the legal industry in NZ, We would love to hear about your process in securing this job and your overall experience.
• Future law student wanting to study law in NZ, we can help you choosing the best programme for you.