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Membership category change and voluntary resignation

If you will not be engaged in the practice of law (short-term or long-term), you may wish to consider applying for one of the following three membership categories:

Applications for changing membership categories must be submitted online via the Member Portal. Instructions on how to apply can be found below. 

The application must be submitted at least two weeks prior to the effective date of the change. Applications cannot be backdated, with the exception of lawyers choosing to resign due to a judicial appointment.

Non-practising

Lawyers who are not engaged in the practice of law (examples may include parental leave, medical leave, in between practice arrangements) may wish to apply for non-practising membership.

Lawyers must be in good standing with the Law Society to become a non-practising lawyer. Applicants are required to sign an undertaking to not engage in the practice of law.

Non-practising members must not engage in the practice of law (as defined in section 1 of Legal Profession Act), except providing pro bono legal services or acting as a designated paralegal under Rule 2-13, until a release from undertaking is granted by the Executive Director. They must not act as a commissioner for taking affidavits or solemn declarations or as a notary public, nor use a notarial seal for the purpose of notarizing documents as only a practising lawyer is entitled to use a notarial seal (section 14(3) of the Legal Profession Act).

Non-practising lawyers are entitled to run for election as Benchers, vote in Bencher elections and general meetings of the Law Society, and receive Law Society publications. If they wish to become a practising lawyer again, they must complete the Return-to-Practice (RTP) application and meet the applicable requirements set out in Rules 2-88, 2-89 and 2-90. Information about the RTP process can be found here. 

Retired

A lawyer in good standing who has done one or more of the following qualifies to become a retired lawyer:

  • reached the age of 55 years; or
  • been a lawyer in good standing for 20 of the previous 25 years; or
  • engaged in the full-time active practice of law for 20 of the previous years.

Retired lawyers must not engage in the practice of law (as defined in section 1 of Legal Profession Act), except providing pro bono legal services or acting as a designated paralegal under Rule 2-13, until a release from undertaking is granted by the Executive Director. They must not act as a commissioner for taking affidavits or solemn declarations or as a notary public, nor use a notarial seal for the purpose of notarizing documents as only a practising lawyer is entitled to use a notarial seal (section 14(3) of the Legal Profession Act).

Retired lawyers are entitled to run for election as Benchers, vote in Bencher elections and general meetings of the Law Society, and receive Law Society publications. If they wish to become a practising lawyer again, they must complete the Return-to-Practice (RTP) application and meet the applicable requirements set out in Rules 2-88, 2-89 and 2-90. Information about the RTP process can be found here.

Former (voluntary resignation)

If a lawyer, who is in good standing with the Law Society, is not engaged in the practice of law and no longer wishes to be a member of the Law Society, they can resign from their membership.

Additionally, any member who is appointed to serve as either a judge* or a master must resign from their membership with the Law Society according to court directives.

A former lawyer must not engage in the practice of law nor use a notarial seal for the purpose of notarizing documents. In addition, they must not act as a commissioner for taking affidavits or solemn declarations or as a notary public. Former lawyers are not eligible to run for Bencher election, vote in Bencher elections or in general meetings, and will not receive Law Society publications. If they wish to become a practising lawyer again, they must complete the reinstatement application and meet the applicable requirements set out in Rules 2-85 and 2-86 as well as paying all outstanding fees (if any). If they wish to become a non-practising or retired lawyer, they are still required to submit a reinstatement application and pay all outstanding fees (if any), but will not be required to meet any conditions of reinstatement other than the provision of an undertaking.

*Note: Judicial Justices are exempt from this requirement and are permitted to maintain their membership and continue practising law.

How to apply

To apply online:

  1. Log into your Member Portal
  2. Locate the “Applications” section under “My Settings”
  3. Click on the link named “Membership Category Change”
  4. Follow the instructions to complete the online form.

Please note that:

  1. Processing time of the application is 10 business days. However, processing will take longer if application is incomplete or a further review is required. 
  2. Your application is subject to an application fee, which will be deducted from your refund:
    1. Non-Practising: $73.50 ($70 + GST)
    2. Retired: $36.75 ($35 + GST)
    3. Former: $73.50 ($70 + GST) – except for Judicial appointments (no fee)

To assist with the Registration & Licensee Services team adhering to the processing time, please ensure that you do the following while submitting your application:

  • Provide up-to-date contact details including mailing address, email, phone number. This refers to your contact information once your status change has taken effect.
  • Provide disposal information including the details of the person(s) who will be responsible for your files while not practising or of the firm(s)/location(s) where your files will be kept.
  • Provide refund payee information. Ensure you provide the name and contact details for whom any applicable refunds can be made.

Pro-rated refund

You will be notified if you are eligible for a pro-rated refund and/or a full refund on the next instalment if you have already paid during the annual fee period.

How do we calculate the pro-rated refund?

Practice Fee

A lawyer’s practice fee is $2,303 per 12 months.  However, as the Advocate Magazine is not refundable, the LSBC will remove $25 from the full year (i.e., $2,303 - $25 = $2,278).  As there are two instalments, the refundable portion of each instalment is $2,278 divided by two, which equals $1,139.  Each instalment is for a period of 6 months, which equals $1,139 divided by 6: $189.83. This amount will then be multiplied for each eligible month.

For example: if a lawyer is resigning their membership in October, they are only eligible for the refundable portion for the months of November and December.  Therefore, the refundable portion on the practice fee would be: $189.83 x 2 = $379.66.

Indemnity Fee

Full-time indemnity is $1,800 per instalment, and part-time indemnity is $900 per instalment.  Therefore, the fee for each month of full-time indemnity and part-time indemnity is $300 and $150, respectively.

For example: if a lawyer with full-time indemnity is resigning their member in October, they are only eligible for the refundable portion for the months of November and December.  Therefore, the refundable portion on the indemnity fee would be: $300 x 2 = $600.

Contact

Please contact the Registration & Licensee Services department at registration@lsbc.org or 604.605.5311 if you have any questions. 

Additional steps

There are additional steps you will have to take before changing your membership category if you are a principal of an articling student, the sole voting shareholder or a law corporation, and/or the sole practitioner of a law firm.

Principal of an articling student

If you are an acting principal to a current articling student and wish to change your membership category, you must first request an assignment of articles.

Please ensure you submit all five of the below to registration@lsbc.org:

  1.  Assignment of Articles Agreement (form);
  2. Declaration of Previous Principal (form);
  3. New Articling Skills and Practice Checklist (form);
  4. Statements from the student and the previous principal briefly setting out the reasons for the assignment (letter);
  5. A final progress report from previous principal (letter).

Sole voting shareholder of a law corporation

Pursuant to Rule 9-5(3)(b), a law corporation permit is no longer valid when the sole voting shareholder ceases to be a practising lawyer. 

If you are the sole voting shareholder of a law corporation, under Rule 3-87(3), you have 30 days to dissolve your corporation or change its name to remove the term ‘law’, and confirm in writing that the change has been made by submitting a dissolution or name change certificate issued by BC Registry to the Registration & Licensee Services department at registration@lsbc.org.

Sole practitioner at a law firm

If you are a sole practitioner of a law firm, you are required to close your practice and prior to closing your practice, appropriately deal with trust funds by returning remaining balances to your clients or remitting the funds to the Law Society as unclaimed trust funds, under the provisions of Rule 3-89. You are also required to close your trust account, file a trust report, under Rule 3-79 and 3-84, and provide information on the disposition of your client files and other records related to your practice, as required by Rule 3-87. You will be required to provide proof of trust account closure to the Law Society. Acceptable document includes an email or letter from your financial institution, or a bank statement showing that the account(s) is closed. The Trust Assurance department will send you filing instructions to file your trust report and provide the Disposal Information Checklist, along with reporting due dates. Should you have any questions, please contact the Trust Assurance Department at: 604-697-5810 or trustaccounting@lsbc.org.

Resources regarding closing a law practice can be found in Practice Resources. 

Frequently asked questions

Membership in the Law Society terminates on:
  • written notice of resignation;
  • judicial appointment; or
  • failing to pay the annual membership fee by December 31 of any given year
The first two ways can be done by completing the application in the Member Portal.

Becoming a non-practising, retired, or former member may trigger Law Society Rules 3-79 and 3-87 with regard to trust reports, disposition of files, trust monies and other documents and valuables. Please read these rules carefully to determine whether you will be required to take any steps prior to becoming a non-practising, retired, or former member. You may be required to provide proof of trust account closure to the Law Society. Acceptable document includes an email or letter from your financial institution, or a bank statement showing that the account(s) is closed. If applicable, the Trust Assurance department will send you a letter with instructions to submit proof of trust account closure, disposal checklist and file your final trust report. More information about trust reports can be found in Trust Reports.

The Practice Resources section includes resources to assist in the process of withdrawing from practice, including:
  • Winding up a Firm: A Checklist; 
  • Winding up a Sole Practice: A Checklist; and 
  • Withdrawal from the Practice of Law: sample newspaper notice and letter to clients

Members continue to be covered under the Law Society's compulsory professional liability policy, free of charge, for future claims covered by the policy arising from errors or alleged errors related to professional services rendered while they were insured. This continuation applies only to the group compulsory professional liability policy. For continuation of any excess insurance, please check your excess policy to determine whether you will continue to be covered. Further, this continuation applies only to professional services rendered by you while you were insured. It will not respond to claims arising from any further activities in which you may engage.

In February 1994, the Credentials Committee resolved that persons who have been called to the BC bar must maintain their practising status if they wish to engage in legal research or prepare legal documents. The Committee determined that providing opinions is akin to providing legal advice, which constitutes the practice of law under Section 1 of the Legal Profession Act. The definition of the "practice of law" in the Act also includes drawing, revising, or settling a document for use in a proceeding, judicial or extra-judicial, or a document relating in any way to a proceeding under a statute of Canada or British Columbia. Lawyers who provide research and opinion services to insured members and have no client contact whatsoever are exempt from professional liability insurance.

Lawyers employed by government, a corporation or other institution should maintain practising status if, in the course of their employment, they engage in activities that fall within the definition of the “practice of law:” see Section 1, Legal Profession Act. These lawyers are not eligible for non-practising membership since they cannot comply with an undertaking not to practise. There may be situations, however, in which an employed lawyer technically engages in the practice of law, but the activity is incidental to his or her employment. In that case, the lawyer may be eligible for non-practising membership and may be permitted to provide an alternative form of undertaking. If you would like the Credentials Committee to assess your eligibility for non-practising membership, please contact Registration & Licensee Services at the Law Society.

If you apply to be released from your non-practising or retired member’s undertaking, you will be subject to the Law Society's returning to practice rules. The conditions of returning to practice vary depending on the length of time you have been engaged in the practice of law and the period of time you have been absent from practice. Please refer to the Return to Practice webpage for more information on conditions upon return to practice.

Membership with the Canadian Bar Association (CBA) is optional for all Law Society members, including non-practising members. If you would like to change or terminate your membership status with the CBA, contact the BC Branch office at 604.687.3404.