The Law Society's returning to practice rules apply to all lawyers, former lawyers, or applicants who have been absent from the practice of law.
Whether you can return to practice following an absence is determined by your practice history. The returning to practice rules (Rules 2-88 to 2-90) apply whether or not you hold, or are entitled to hold, a practising certificate.
Generally, if you have not engaged in the practice of law for more than three years within the last five-year period, you must either pass the qualification examination or obtain permission from the Credentials Committee to practise law without passing the examination.
For the purposes of returning to practice, the “practice of law” is as defined in section 1 of the Legal Profession Act and for at least one day (8 hours) per week.
If you have not engaged in the practice of law for over seven years, your application must be referred to the Credentials Committee for consideration. As a condition of permission to practise law, the committee may require you to successfully complete some or all of the admission program and/or place conditions on your practice.
How to apply for permission to return to practise after an absence
The Credentials Committee undertakes a contextual, individualized assessment of all applications for returning to practice after an absence. The committee may grant permission to return to practice if it finds that you have engaged in activities that have kept you current with substantive law and practice skills or that the public interest does not require you to pass the qualification examination.
If you have been absent from the practice of law for a period of time, please refer to the FAQs: Returning to Practice for information about whether and how the returning to practice rules apply to your situation. The FAQs also outline how to make an application to the Credentials Committee for permission to practise following an absence.