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 and up to five years within the last seven-year period, you may return to practice without taking the qualifying examination or applying to the Credentials Committee; however, you are required to take the Law Society’s free online Practice Management Course.
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 five but under seven years, you may return to practice without taking the qualifying examination or applying to the committee, but you are required to take the Practice Management Course and must review materials relevant to your area of practice. The same conditions apply to those who have not engaged in the practice of law for over seven years.
How to apply for permission to return to practise after an absence
To apply, submit the Return to Practice application located under “resources” to registration@lsbc.org, along with the application fee of $73.50 (including GST), using one of the acceptable payment methods.
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.
- Call and Admission to the Bar
- Good Character Assessment for Applicants
- Return to Practice
- Reinstatement