An active member of the Law Society is required to have professional liability indemnity coverage when in private practice.

Requirements

• An Active Private Practice Application submitted through the Lawyer Portal
• One of the two following forms submitted to Trust Safety if you are entering sole practice:
  • Application to Designate a Responsible Lawyer and/or Operate a Trust Account if you want to operate a trust bank account
  • Application for Exemption if you do not want to operate a trust account

You are required to renew your indemnified membership annually for more information on fees and payments, visit Making a Payment to ALIA.

You may apply for an exemption from indemnity if you are employed by an organization other than a law firm and practise solely in the scope of that employment. This would include a corporate or government setting.

Apply for this status online through the Lawyer Portal by submitting an Active In-House Application. You are required to renew your in-house membership annually.

Please note: Changes to this status are now in effect. View this post for further information.

If you want to maintain your active status with the Law Society but will not be practising law, you can apply for Active, Non-Practising status. This is a good option for lawyers taking a leave from practice.

• The fee for active non-practising status is one-half the fee for full active status.
• With some exceptions, lawyers with no disciplinary proceedings who hold active non-practising status for three consecutive years or less will be eligible for an expedited reinstatement when returning to practising status.

In an expedited reinstatement, lawyers will go through a brief process that will entail minimal requirements. If a lawyer is involved in disciplinary proceedings or if an expedited reinstatement is deemed to not be in the public interest, the Executive Director maintains the discretion to determine that the full reinstatement process is warranted.

Requirements

• Submit a Non-Practising application online through the Lawyer Portal. Part of the requirements of this application include the following:
  • Proof that your trust account has been closed (only if you are a responsible lawyer)
  • File handling information to Membership (only if you are in private practice. If you are in private practice but have no files in your possession and/or files to transfer, please provide an explanation using the “No File Information” text box on the Non-Practising Disposal tab within the Lawyer Portal).

Conditions

If you choose this status, the following conditions apply:

• You cannot engage in the practice of law or give any legal advice.
• You are required to pay one-half the fee for full active status; however, you are exempt from paying the Professional Liability Indemnity levy.
• You must annually complete and submit a Member Information Update form (MUIF) through the Lawyer Portal and complete any other conditions that are required for active lawyers, with the exception of submitting a CPD plan which is not a requirement for active-non-practising lawyers.
• Should you want to engage in the practice of law or give legal advice, you must complete and submit an application for expedited reinstatement; however, you are exempt from paying the reinstatement fee.
• You are required to renew your non-practising membership annually.

Please note that refunds on indemnity levies paid will not be available to lawyers leaving private practice during the policy year.

Please note: Changes to the eligibility criteria for this status are now in effect. View this post for more information.

If you meet the part-time status requirements, you can apply for part-time status online.

Requirements

Submit an Active Private Practice Application through the Lawyer Portal.

Part-time membership has been defined as a lawyer in private practice who:

• has an annual total gross income of less than $100,000, with total gross income consisting of:
  • all income earned from the delivery of legal services,
  • all investment income,
  • all pension income (non-public pensions), and
  • all disability income (non-public); and
• works 750 hours or fewer, annually, related to the delivery of legal services.

Returning to Part-Time Status

Lawyers who are currently inactive, retired or active undertaking not to practise law and want to practise part-time should:

1. Review the rules for reinstatement (Rules of the Law Society of Alberta 115-118) to evaluate the requirements needed to reinstate;
2. Submit an Application for Reinstatement; and,
3. Select part-time status through the Lawyer Portal.

Students

Students can select part-time status on the Lawyer Portal once they are eligible to complete their bar call ceremony.

Conditions

If you choose this status, the following conditions apply:

• Upon receiving approval of part-time status from the Law Society, lawyers must track their hours and billable tasks to ensure they meet the part-time requirements.
• You will pay half of the full-time membership fee. The full indemnity levy still applies to part-time membership.
• You are required to renew your part-time membership annually.

If you want to provide pro bono legal services exclusively through an Approved Legal Services Provider on a volunteer basis, you can apply for Active, Pro Bono status. The current list of Approved Legal Services Providers is provided on our website.

In the event your status is not active, you will need to apply for reinstatement prior to changing your status to Pro Bono. You will be exempt from paying the reinstatement application fee.

If you will be employed by the Approved Legal Service Provider, you must hold an Active, Indemnified status. Please see the Active – Indemnified section above for requirements.

Requirements

Active members of the Law Society who are entitled to practise law may apply for this status by submitting:

• An Active Pro Bono Application through the Lawyer Portal
• A pro bono membership fee payable to the Law Society of Alberta through the Lawyer Portal. Invoices will be available once your application has been reviewed by Membership.

Conditions

If you choose this status, the following conditions apply:

• Active members providing pro bono legal services may not engage in the practice of law outside the scope of the Approved Legal Services Provider.
• You are required to renew your pro bono membership annually.

If you are an active member electing to change you status to pro bono, you may be eligible to receive a partial refund of your active membership fee. Please note that refunds on indemnity levies paid will not be available to lawyers leaving private practice during the policy year.

Pro bono services provided by Approved Legal Services Providers are automatically covered under the group policy (see Indemnity and Indemnity Exemptions).

If you want to remain a member of the Law Society but will not be practising law, you can apply for inactive status.

Requirements

• Submit a Non-Practising application online through the Lawyer Portal. Part of the requirements of this application include the following:
  • Proof that your trust account has been closed (only if you are a responsible lawyer)
  • File handling information to Membership (only if you are in private practice. If you are in private practice but have no files in your possession and/or files to transfer, please provide an explanation using the “No File Information” text box on the Non-Practising Disposal tab within the Lawyer Portal).

Conditions

If you choose this status, the following conditions apply:

• You are still entitled to act as a Notary Public.
• You will continue to receive some Law Society materials.
• You cannot practise law or provide any legal advice, nor are you eligible for nomination to become a Bencher or vote in Bencher elections.
• You are required to renew your inactive membership annually.
• If you want to practise law or provide legal advice, you must apply for reinstatement and pay the required reinstatement application fee.

Once your status is changed to inactive, you may be eligible to receive a partial refund of your active membership fee. Please note that refunds on indemnity levies paid will not be available to lawyers leaving private practice during the policy year.

If you have been an active member of the Law Society of Alberta, a Judge or a Master in Chambers for at least 25 years, or are 70 years of age, you can apply to become a retired member.

Requirements

Parts of this application currently cannot be done through the Lawyer Portal. If you are currently an inactive member and are eligible to retire, please submit the following to Membership by email:

• Election to Transfer to Retired Membership Form (Form 2-20 Companion Form)

If you are currently an active member wanting to change your status to inactive/retired, please submit a Non-Practising Application through the Lawyer Portal first, and then the following information by email:

• Election to Transfer to Retired Membership Form (Form 2-20 Companion Form) to Membership
• File handling information to Membership (only if you are in private practice. If you are in private practice but have no files in your possession and/or files to transfer, please provide an explanation using the “No File Information” text box on the Non-Practising Disposal tab within the Lawyer Portal).
• Proof that your trust account has been closed to Trust Safety by email (only if you are a responsible lawyer). This can be either a letter from your bank confirming your trust account(s) have been closed or a bank statement showing a balance of $0.00 and stating the accounts are closed.

Conditions

If you choose this status, the following conditions apply:

• You can act as a Notary Public.
• You will not receive Law Society communications, including notices to the profession and publications, unless required by the Rules of the Law Society of Alberta, the Legal Profession Act or specified by the Board (Benchers).

Once your application has been approved, you may be eligible to receive a partial refund of the membership fees. Please note that refunds on indemnity levies paid will not be available to lawyers leaving private practice during the policy year.

An application for reinstatement is required for:

• Inactive lawyers who want to become active; this includes those seeking pro bono status.
• Active, undertaking n­­­­ot to practice lawyers who are seeking to resume practising, pursuant to Rules 115 and 118.
• Suspended lawyers who want to reinstate to active or inactive status.
• Former members (former judges and resigned lawyers) wanting to resume membership with the Law Society.
• Students-at-law who are suspended or who haven’t articled for a period of 12 months or more.

Requirements

This application currently cannot be done through the Lawyer Portal. To apply for reinstatement, please submit the reinstatement fee payable to the Law Society of Alberta and the below applications to Membership through email. Applications should be received at least 30 days prior to your intended date of reinstatement.

• Application for Reinstatement (Form 4-1.1)
• Application by a Former Judge for Reinstatement (Form 4-2) (to be completed by former judges only)*
• Application by a Former Member for Reinstatement (Form 4-3) (to be completed by former members only)*
• Certificates of Standing from each law society or governing legal profession of which you are/or have been a member of (not including Alberta).
• Lawyer Status Application submitted through the Lawyer Portal. Status options and instructions are listed above.
• Business Contact Information. To provide your business address, log into the Lawyer Portal, then select My Profile from the dropdown menu. Select the Business Location tab.

Please note that if you are applying for reinstatement as a former judge or former lawyer and are seeking an active status, we require the Application for Reinstatement (Form 4-1.1) in addition to Forms 4-2 or 4-3. If you are a former judge who is reinstating to an inactive status, you are not required to fill out Form 4-1.1.

Contact Membership for the applicable status change form to accompany your reinstatement application.

Referrals

Under certain circumstances, your reinstatement application may be referred to one or more reinstatement committees, which may include the Credentials and Education Committee, the Conduct Committee and/or the Practice Review Committee. See Rules 115 to 118 and/or contact Membership for more information.

Additional materials you may want to consider submitting with your application are:

• A Continuing Professional Development Plan (CPD).
• Confirmation or information about any legal education courses that you may have taken or completed prior to your application or that you are currently enrolled in.
• Confirmation that you have reviewed the Law Society’s webinar on “The Goods on Going Solo” if you intend to start a solo practice.
• Confirmation from a mentor demonstrating their support for you in this process.
• Information about your future practice intentions.

Please note that these are just suggestions and do not guarantee that your application will be approved.

Disbarred lawyers and lawyers who resigned their membership while facing disciplinary proceedings must review Part IV, Division 1 of the Rules. Please note that special provisions apply as these applications do not follow the same process as those noted above. These applicants must contact Membership for more information.

If you are applying for resignation while facing conduct proceedings, you must apply to resign under Rule 92. If you are applying for resignation and are not facing conduct proceedings, you must apply to resign under Rule 69. All applications for resignation will be reviewed by the Benchers.

Requirements

This application currently cannot be done through the Lawyer Portal. To resign your Law Society membership, you must close your trust accounts and submit the following:

• An Application to Resign Form (Form 2-21) to Membership by email.

If you are a lawyer resigning from an active status, the following additional requirements must also be submitted:

• Your final Law Firm Self-Report and Accountant’s Report to Trust Safety (for requirements, please review part 5 of the Rules or contact Trust Safety). 
• File handling information to Membership by email (only if you are in private practice. If you are in private practice but have no files in your possession and/or files to transfer, please notify Membership by email).
• Proof that your trust account has been closed to Trust Safety by email (only if you are a responsible lawyer). This can be either a letter from your bank confirming your trust account(s) have been closed or a bank statement showing a balance of $0.00 and stating the accounts are closed.

Once your resignation is approved by the Benchers, you may be eligible to receive a partial refund of the membership fees. Please note that refunds on indemnity levies paid will not be available to lawyers leaving private practice during the policy year.