Changes to Practicing Status
Non-Practicing or Resigned:
The Law Society Rules provide that a member who holds non-practicing status shall apply to the Law Society before having his or her status changed to that of a practicing member. Whenever a member is granted non-practicing status, any request for reinstatement to practicing status is subject to a review by the Education Committee under Rule 6.18. Under this rule, the Education Committee shall require the member to do one or more of the following:
- provide such evidence as the Education Committee may require to demonstrate that he or she has a current working knowledge of the law;
- write and pass such examinations set by the Education Committee relating to law, practice and procedure in the Province of Newfoundland and Canada as may be deemed by the Education Committee as necessary to demonstrate the competence of that member to continue to practice law;
- take the bar admission course and write and pass the bar admission examinations at the next time of its offering;
- comply with such other requirements which the Education Committee reasonably determines are necessary to demonstrate that member’s fitness to engage in the active practice of law.
Further, former members of the Law Society who have resigned and wish to reinstate their membership, are required to pay the same fee applicable to transfer applicants under the National Mobility Agreement. This fee is determined by Benchers annually.
Once the member has been approved by the Education Committee he or she is required to file Form 2.21A.
Changes in Association of Practice:
Members are required under Rule 2.20 of the Law Society Rules to complete and file forms, without delay, whenever there is a change in their association of practice. Changes requested in the Forms take effect when the Forms are approved and date-stamped at Law Society offices. The forms appropriate for each change are the only instruction the Law Society will accept to change a member’s association of practice and/or status from Practicing Insured to Practicing Uninsured. Without the proper Form(s), the Law Society will, as a matter of public protection, continue to maintain a member’s status as Practicing Insured until the appropriate Form(s) has been delivered to Law Society offices.
Form 2.20A – Notice of Change in Association of Practice and Form 2.22A – Application for Exemption from Group Liability Insurance (only to be filed for those members working for the provincial or federal government whose positions do not require they be covered under the Law Society’s Insurance Policy).
Change from Practicing Insured/Practicing Uninsured to Non-Practicing membership:
Members are required under Rule 2.19 of the Rules of the Law Society to complete and file a form to seek approval from Benchers to have their status changed from Practicing to Non-Practicing or Resigned. The Form applicable to this change is the only instruction the Law Society will accept to change a member’s status from Practicing to Non-Practicing or Resigned. Without the proper Form, the Law Society will, as a matter of public protection, if applicable, continue to maintain a member’s insured status until the appropriate Form has been delivered to Law Society offices.
Once the Form has been received, the request will go to Benchers for approval and a letter will be sent to the member confirming that Non-Practicing or Resigned Status has been granted.
Form 2.19A – Application for Non-Practicing Status or to Resign Membership.
Certificate of Standing
A Certificate of Standing can be provided upon the payment of a nominal fee and receipt of a completed Direction and Release Form from a Law Society member. The Direction and Release form will allow for the gathering of the necessary background information from other Law Society departments in order to complete the Certificate. Contact Erin.Rowe@lawsociety.nf.ca for invoicing particulars. Please allow up to two weeks for the completion of a Certificate of Standing.