How to setup law firm on English law in overseas jurisdiction?

Once you have passed the QLTT, and you have been admitted to the roll, you will need to have a practising certificate to practice as a solicitor of the Supreme Court of England & Wales. You will also need to comply with the Solicitors' Code of Conduct 2007 (also available on the SRA website, www.sra.org.uk). Rule 5 deals with business management in England and Wales, and sub rule 5.02 states that a sole principal, or at least one of the partners in a partnership, must be a person "qualified to supervise".

To be qualified to supervise a person must have completed 12 hours of management training and must have been entitled to practise as a lawyer for at least 36 months within the last ten years. This means that solicitors who have come through the QLTT route can rely on practice as lawyers of other jurisdictions can rely on that experience.

If you intend to practice as a solicitor of the supreme court of England and Wales overseas, you will need to comply with rule 15(overseas practice ) of the Solicitors' Code of Conduct. In particular, subrule 15.05(2) states that you must not set up as a solicitor sole principal unless you have been entitled to parctise as a lawyer for a minimum of 36 months within the last 10 years.

I refer to rule 15.26 of the Solicitors’ Code of Conduct which provides that where a practising solicitor is working in a law firm based overseas they are required to ensure that they are covered by insurance or other indemnity against professional liabilities. The requirement to have insurance arises where a solicitor is relying on that professional qualification, rather than on the area of work they are undertaking. It is not therefore an automatic requirement to have professional indemnity insurance in order to advise on English law if you were not providing the advice as a solicitor of England and Wales. Giving legal advice is not an area of work which is reserved to a certain class of persons, including solicitors under the Solicitors Act 1974.

So it mean in regards to open your own solicitors practice, the practice rules state that you must have:

1. a practising certificate
2. qualifying insurance with a qualifying insurer
3. a principal (or, if a company, a director; or, if an LLP, a member) who is "qualified to supervise";
4. to be "qualified to supervise", a solicitor must have:
   
   a. held a practising certificate for 36 months in the last 10 years; and
   b. undertaken 12 hours managment skills training.

If you feel that you have justification to apply for a waiver in relation to the length of time of holding a practicing certificate and to take the management skills training, you can do so by providing the details. Waivers can be granted in individual cases; however, the applicant would need to demonstrate that their circumstances are exceptional to justify a departure from the normal requirements of rule 5.02.