Non-practising lawyers retain the same rights as practising members, except the right to practise law or to act as notaries public or Commissioners for taking affidavits. Non-practising members are entitled to:
- run for election as Benchers;
- vote in Bencher elections and general meetings of the Law Society; and
- receive Law Society publications.
You must be in good standing with the Law Society to become a non-practising member.
How to apply
Step 1 Complete either the Application for Non-Practising Membership or the Application for Non-Practising Membership for Reinstating Members
Step 2 Submit the appropriate fees, unless you are a practising member
- non-refundable application fee
- annual non-practising fee (this fee is to be prorated on a monthly basis for mid-year applications).
Fees for members who are currently practising will be deducted from the practising fee you have already paid for the year. If the total of the application and non-practising fees is less than the practising fee you have already paid, you will receive a refund for the balance.
Former members of the Law Society
If you are a former member of the Law Society, you must first apply for reinstatement in order to become a non-practising member. If your reinstatement application is satisfactory, you will not be required to meet any conditions of reinstatement other than provision of the non-practising undertaking. If at some point you wish to return to active practice, you will be subject to the Law Society's returning to practice rules.
If you wish to restrict your work to legal research or the preparation of legal documents, you must maintain your practising status. Providing opinions is akin to providing legal advice, which constitutes the practice of law (Section 1, Legal Profession Act).
Lawyers who provide research and opinion services to insured members and have no client contact whatsoever are exempt from professional liability insurance.
Lawyers practicing incidental to employment
In general, if you are employed by government, a corporation or other institution and engaging in activities that fall with the definition of the practice of law, you must maintain practicing status (Section 1, Legal Profession Act).
There may be situations, however, in which an employed lawyer technically engages in the practice of law, but the activity is incidental to employment. In that case, you may be eligible for non-practising status and permitted to provide an alternative form of undertaking. If you would like the Credentials Committee to assess your eligibility for non-practising membership, contact Member Services.