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.

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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 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.]

Background

Legal Industry in New Zealand

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 don't possess an NZLS practising certificate, meaning you're not an NZ lawyer.

Academic and Professional Development

In NZ, aspiring lawyer typically start by studying a Bachelor of Laws (LLB) and a professional legal studies course (Profs) in order to gain 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.]

Key Opportunity: Overseas Qualified Lawyers with at least 3PQE

Every year, many Solicitors year 3 and 4 in NZ move overseas, creating a demand for Solicitors year 4, Senior Solictors, 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 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.

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

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) Degree in NZ: This pathway is an excellent option for overseas lawyers without at least 3 PQE. Enrolling in a LLB programme in New Zealand offers exposure to 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: Obtain 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.

• 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 senior solicitors in New Zealand. Collaborating with legal recruiters and immigration advisers is key to obtain insights into available job openings and immigration processes, facilitating a smooth transition into the New Zealand legal market.

• Benefits: No tuition fees; 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. Recruiters specialised in the legal industry in NZ can help identifying what are the best options for you and making an introduction. Talk to an immigration expert as early as possible to understand the visa options that are correct for you (and your family) and the pathways to residency in New Zealand.

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 read my article here.

5. Seeking Employment in the Legal Industry: Other overseas lawyers have started their legal careers in NZ as Compliance Officers, working in positions 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.

Final Considerations

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 if you have any questions, want to share your experience, or have any other comments. I'll be glad to hear your thoughts on this article.

If you fall into any of the following categories:

• 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 you're facing.
• Legal recruiter or immigration adviser, you're welcome to leave your contact details below.
• Overseas qualified lawyer already working in the legal industry in NZ, I'd love to hear about your process in securing this job and your overall experience.