Providing Legal Services in Alberta without Becoming a Member of the Law Society of Alberta
You may be entitled to provide legal services in relation to Alberta without becoming a member of the Law Society of Alberta. For more information, see Mobility Information.
- You are a member of another law society in Canada
- You are entitled to practice law in that jurisdiction
- You meet the liability insurance and defalcation compensation coverage requirement (which are generally met if you are insured as required by the governing bodies participating in the National Mobility Agreement or the Interjurisdictional Practice Protocol)
- You do not have a disciplinary record in any jurisdiction
- You are not subject to conditions or restrictions on your practice or membership in the governing body in any jurisdiction, imposed as a result of or in connection with proceedings related to discipline, competency, capacity, admission or reinstatement
- You do not develop an economic nexus within Alberta
- You are not facing any criminal or disciplinary proceedings in which the matter has been directed to a hearing in any jurisdiction
- You provide legal services for a maximum of 100 days in any calendar year, if you are entitled to practise in the jurisdiction of a governing body participating in the National Mobility Agreement of which you are a member
A visiting lawyer who does not meet the requirements set out in the Rules (Rules 71.2(1) and (3)) or who is disqualified under the economic nexus qualification (Rule 72.3) must obtain a permit in order to provide legal services in Alberta.
Entitled to Practice Law
Entitled to practice law means you are allowed to engage in the practice of law in the home jurisdiction, under all the legislation and regulation of a home jurisdiction, without meeting any further requirements.
An economic nexus is established by actions inconsistent with a temporary basis for providing legal services. This includes, but is not limited to, doing any of the following in Alberta:
- Providing legal services beyond the 100 days or 10 matters involving 20 days in 12 months (whichever is applicable, see below)
- Opening an office from which legal services are offered or provided to the public
- Becoming a resident (Rule 71(j))
- Opening or operating a trust account, or accepting trust funds, except as permitted under the rules
- Holding yourself out or allowing yourself to be held out as willing or qualified to practise law in Alberta except as a visiting lawyer (Rule 72.3 (2))
100 Day Rule
‘Day’ means any calendar day or part of a calendar day in which a lawyer provides legal services unless indicated otherwise (Rule 71 (a)). You begin counting on the first day you begin practising law.
If you require an extension of the 100 day permission, you must obtain an extension from the Law Society of Alberta before working more than 100 days.
For more details, see the Mobility Information.
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