On 25 March 1861, Way was admitted to the South Australian Bar to practice law, and when Atkinson died shortly afterwards, Way inherited his practice. Way practised as a barrister and quickly became a leader among the legal community, and in 1868 joined a partnership with another barrister, James Brook. In September 1871, Way was made a Queen's Counsel, despite having been admitted to the bar only ten years earlier. When Brook died in 1872, a young Josiah Symon joined Way as partner. Way continued to be highly successful, travelling to London to argue a number of cases before the Judicial Committee of the Privy Council. In 1874, Way was elected as a member of the council of the University of Adelaide, and was also appointed to the South Australian Board of Education.