NSW Australian Law - Who Can Give Legal Advice?

[Jonathan B]

1.Who can offer legal advice in Australia?

2. Can a person other than a solicitor or barrister offer legal advice under Australian Law?

3. Can a lawyer who is not a legal practitioner offer legal advice, say in-house counsel?

 

[Tim W]

1. Lawyers. Either barristers or solicitors.
   
   
2. No.
   
   
3. In-house counsel are lawyers. .

 

[Rod]

And if you are paying for the advice, the lawyer (in Vic and NSW, don't know about other states) also needs a current practicing certificate.

 

[Iamthelaw]

I would say it depends. There is a difference between a lawyer and a legal practitioner. A 'lawyer' has been admitted, holding a compliance certificate, whereas a 'legal practitioner' holds a compliance certificate and a practice certificate.

When can a person begin issuing legal advice? Only after that person has been granted a practicing certificate. Regardless of whether or not you pay for the advice.

In answer to your questions

1 - Legal Practitioners - Those who have been admitted as lawyers, holding a compliance certificate and then also holding a practice certificate (aka principal practice certificate).

2 - Generally speaking, No.

3 - No, they must be legal practitioners. However, with in-house counsel you don't need to hold a principal practice certificate and can hold a corporate practice certificate.