Factsheet

Engaging in legal practice as a volunteer at a Community Legal Service (CLS) or otherwise on a pro bono basis

Engaging in legal practice as a volunteer at a CLS, or otherwise on a pro bono basis, enables you to play an active role in supporting access to justice in the community and build on your legal and professional skills.

As the holder of a government legal practitioner practising certificate (Gov PC), you are entitled to engage in legal practice as a volunteer at a CLS, or otherwise on a pro bono basis, in accordance with s. 47(5) of the Legal Profession Uniform Law (NSW) (the Uniform Law).

Change in Particulars

Prior to undertaking any volunteer work with a CLS or otherwise on a pro bono basis, you are required to notify the Law Society (Society) of any change in particulars, pursuant to regulation 61 of the Legal Profession Uniform Law Application Regulation 2015. If your Gov PC is subject to condition 2 (supervised legal practice) you must ensure that any legal practice (including any work undertaken as a volunteer or on a pro bono basis) is supervised by the holder of an unsupervised practising certificate.

Professional indemnity insurance   

As the holder of a Gov PC, you are exempt from the requirement to hold or be covered by an approved professional indemnity insurance (PII) policy in NSW (Lawcover). It is very important to note that the exemption only applies to you whilst engaging in legal practice as a government legal practitioner. The exemption does not extend to you engaging in legal practice as a volunteer at a CLS, or otherwise on a pro bono basis.

The Australian Pro Bono Centre (APBC) has established the National Pro Bono PI Insurance Scheme. The Scheme can offer free PII through Lawcover to Gov PC holders, providing pro bono legal work through projects approved by the APBC.

How can I volunteer within the requirements of the Uniform Law?

If you intend to engage in legal practice as a volunteer at a CLS, or otherwise on a pro bono basis, please check which of the following 4 scenarios applies to you and ensure you take the relevant steps set out below:

  1. If you are volunteering with a CLS you should:
    1. contact the Society to ensure that the CLS is registered with the Society (only CLS’s registered with the Society are authorised to engage in legal practice in NSW);
      and
    2. ensure that your legal work is either insured under the National Pro Bono PI Insurance Scheme (through the APBC), or under a PII policy held by the CLS you volunteer with.  
  2. If you intend to volunteer at an organisation other than a CLS registered with the Society, you must ensure that your legal practice is either insured with the National Pro Bono PI Insurance Scheme established by the APBC or you hold or are covered by an approved PII policy purchased directly through Lawcover. 
  3.  If you intend to:
    1. volunteer at an organisation other than a CLS registered with the Society; and
    2. your practice is not insured by the National Pro Bono PI Insurance Scheme, then you will need to set up your own law practice (as defined in the Uniform Law) so as to be eligible to obtain PII with Lawcover. 

    Under the Uniform Law a law practice includes a sole practitioner. To be a sole practitioner, you must hold a principal of a law practice PC. This will allow you to engage in legal practice as a sole practitioner and in your capacity as a government legal practitioner. Please note that Condition 2 (supervised legal practice) and Condition 3 (Completion of a Practice Management Course) must be lifted from your current PC to vary to a principal of a law practice PC.

  4. If you would like to engage in legal practice exclusively as a volunteer at a CLS (and in no other capacity) you may apply to the Society for a volunteer PC which does not attract a PC fee. Please note however, that you cannot hold both a volunteer PC and a Gov PC concurrently. 

Access https://www.probonocentre.org.au/provide-pro-bono/ for further information about volunteering and https://www.lawsociety.com.au/practising-law-in-NSW/ethics-and-compliance/regulatory-compliance for further information about a principal’s PC.

*All terms are defined under the suite of legislation known as the legal profession legislation (as defined ins 3A of the Legal Profession Uniform Law Application Act 2014 (the Application Act)