APEC economy: Papua New Guinea; Jurisdiction: Papua New Guinea
Temporary practice ('fly-in, fly-out' practice)
There is no express rule allowing temporary practice by foreign lawyers.
Limited licensing of foreign lawyers (foreign legal consultant rules)
A foreign lawyer cannot obtain a limited licence entitling them to offer advisory services in foreign and international law (ie become a foreign legal consultant).
Full licensing
A foreign lawyer can obtain a full licence to practise law in this jurisdiction.
The relevant legislation is the Lawyers Act of Papua New Guinea and the rules made under that Act. It is expected that this will be available online shortly at the Law Society's website.
In order to obtain a full licence to practise law in this jurisdiction, foreign lawyers must meet academic practice and certification requirements. A non-citizen wishing to practise in Papua New Guinea must be admitted to practise in Papua New Guinea. After admission, they must hold a restricted or unrestricted practising certificate which is issued annually by the Papua New Guinea Law Society. Admission requirements include that the candidate have a law degree in a standard and content equivalent to a law degree from Papua New Guinea. They must be admitted to practise in a prescribed country, namely, Australia, New Zealand or the UK and have three years' post admission experience. They must also have a certificate signed by the Attorney-General that they are fit and proper to be admitted to practise. The Attorney-General usually requires an applicant to sit three examinations:
- customary law of Papua New Guinea;
- land law of Papua New Guinea; and
- constitutional law of Papua New Guinea.
As to practice requirements: practising certificates – restricted and unrestricted. These are issued annually by the Law Society on payment of the prescribed fee. Unrestricted practising certificate holders are also required to have professional indemnity insurance cover for a minimum of K500,000. Full practising certificates expire on 31 December each year.
Commercial association between lawyers and law firms
In this jurisdiction:
- local lawyers may be employed by another local lawyer of a local firm;
- local lawyers may be employed by a foreign lawyer or foreign firm;
- foreign lawyers may provide services in some other form of commercial association with local lawyers;
- foreign firms are not permitted to establish a commercial presence (a permanent office) to offer advisory services in foreign and international law.
Other regulatory issues
In this jurisdiction:
- foreign lawyers can establish an office in the absence of enabling legislation;
- there are specific rules in relation to advertising (details not provided).
Contacts
| Category | Name | Website or other contact details |
|---|---|---|
| Organisation(s) that controls licensing of lawyers | Papua New Guinea Law Society | PO Box 2004 Port Moresby National Capital District PAPUA NEW GUINEA lawsoc@daltron.com.pg Tel: 321 7344 |