[LEP 42] Application for and issue of practising certificates42 

42

(1) Every person admitted to practice as a practitioner shall before commencing practice and thereafter, while continuing in practice, during the month of January in each and every year apply for and obtain from the Registrar a certificate (in this Act known as a practising certificate) certifying that that person is entitled to practice as a legal practitioner according to the laws of Fiji. The certificate shall be issued by the Registrar. “Practice” includes employment as a legal practitioner, whether in private practice or otherwise.

(2) A law firm shall not be entitled to operate in the practice of law unless all partners or the sole practitioner of that law firm have been issued a practising certificate by the Registrar in accordance with this Part.

(3) A person shall not practice or act as a legal practitioner in partnership with another person who is not the holder of a practising certificate.

(4) A person shall not be employed in or engaged by any law firm as a consultant providing legal advice for a total of more than 2 weeks in a year, unless that person is the holder of a practising certificate.

(5) The application shall be in such form, accompanied by such fee, and set out such information and particulars as the Registrar may from time to time fix or require. The application shall be supported by a statutory declaration verifying all such information and particulars.

(6) Any holder of a practising certificate who changes his or her place of business or residence, enters into a partnership in relation to his or her practice, or dissolves any partnership relating to his or her practice or changes his or her employment shall forthwith give notice thereof in writing to the Registrar.

(7) Every practising certificate shall be in the form which the Registrar may fix from time to time, and where the certificate is subject to a condition required by this Act, or which the Registrar may properly require, there shall be endorsed on the certificate the terms of such condition.

(8) Before issuing a practising certificate the Registrar may from time to time require such further and additional information and particulars in relation to any applicant or any firm of legal practitioners of which the applicant is a member as is necessary to ensure compliance with this Act and any subsidiary legislation.

(9) The signature of the Registrar to a practising certificate may be fixed by autographical, mechanical or electronic means, and when so signed shall be validly signed by the Registrar provided it is also initialled by the Registrar.

(10) The Registrar may at any time cancel any practising certificate that has been obtained by fraud or misstatement, or that has been issued on the basis of information which is incorrect or untrue in some material particular.