Once you are admitted as a member of the Law Society, you remain so until you are deceased, disbarred, retired or have resigned. Retiring from practice is one thing; retiring as a member of the Law Society is another. To be a retired member, you need to have been in active practice for at least 25 years or be at least 70 years old. First you transition from active status to inactive status and then to retired status.

Visit the Status and Contact Information Changes Resource for more information on each of the status options.

The various status options have certain applicable conditions, associated fees or may involve specific steps (such as contact with the Membership team, assessment of fees or application to a panel of Benchers). But remember that you cannot practice or give legal advice if you are inactive, retired or resigned. If you resign you are no longer a member of the Law Society.

It is important to determine which membership status will best suit your situation. Carefully consider whether your subsequent career plans will require you to retain an active status. If you want to entirely step away from law, then you could move to inactive and/or retired. Each option should be considered as you plan your wind up.

The Legal Profession Act (section 106(1)) states that, unless a person is an active member of the Law Society, they are prohibited from:

• practicing as a barrister and a solicitor;
• acting as a barrister and solicitor in any court of civil or criminal jurisdiction;
• commencing, carrying on or defending any action or proceeding before a court or judge on behalf of any other person; and
• settling or negotiating in any way for the settlement of any claim for loss or damage founded in tort.

You may not represent that you are entitled to practice unless you are an active practising member. When you no longer have active and practising status, you may not:

• contact clients except as provided below;
• create new lawyer-client relationships;
• appear on behalf of clients before any court, tribunal, or administrative body performing any judicial or quasi-judicial function;
• render any legal services or take any action that assists or results in the continued operation and management of your firm; and
• receive money or other property in trust from or on behalf of others.

When you no longer have active and practicing status, you may:

• see clients for the limited purpose of helping them transfer their legal work or property to a custodian or to another active lawyer;
• render accounts for work completed before the date of your suspension, undertaking not to practice or election to go inactive; and
• collect accounts receivable.

You may act as a Notary Public or Commissioner for Oaths as long as you are a member of the Law Society, even when you are inactive or retired (Notaries and Commissioners Act (section 3)). You may not do so if you have resigned or have been suspended or disbarred.

You should consult the mobility rules if you are active in another province but providing legal services in Alberta after you are no longer an active member here. For more information, contact the Law Society’s Membership department. They can help you navigate the various options, complete the proper forms, processes and manage fees.

View the other sections of the guide:

• Making the Decision to Retire
• The Process of Winding Up
• Working Through the Tasks