Non-Practising Status

Non-Practising

Status

What does it mean to be a non-practising member?

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A non-practising member is not allowed to practice law or handle trust funds. “Practice of law” means applying legal principles and procedures for the benefit of or at the request of another person, and includes

(a) acting as counsel or advocate,
(b) providing legal services,
(c) issuing an originating notice of action, notice of application, notice of motion, petition or similar document in any legal proceeding according to the provisions of any statute,
(d) preparing

(i) an instrument relating to real or personal estate permitted or required to be registered, recorded or filed in a public office,
(ii) a pleading, affidavit, statutory declaration or other similar written material for use in any legal proceeding,
(iii) a petition, letters patent, memorandum of agreement, affidavit, by-law or another document relating to the incorporation, formation, registration, organization, reorganization, amalgamation, dissolution or winding up of a partnership or body corporate,
(iv) a testamentary instrument,
(v) a document on which to found or oppose a grant of letters testamentary, letters probate or letters of administration, or
(vi) a petition or other document relating to matters under the Bankruptcy and Insolvency Act, or

(e) giving legal advice,
(f) negotiating and settling claims in a legal proceeding.

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Who may apply for non-practising status?

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Practising members, who are either insured or exempt from Professional Liability Insurance, and who are no longer practising law in New Brunswick, may apply for non-practising status.

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How do I apply for non-practising status?

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Practising members who wish to apply for non-practising status must file the following duly completed forms and fees:

  • Non-refundable change of status application fee of $86.25 ($75.00 plus HST)

Members who have paid the annual fees at the practising rate for the current membership year will receive a prorated refund.

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Can I change my membership status retroactively?

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No, a change of status becomes effective upon receipt of all required documents and fees. You may request that the change of status become effective at a future date, submitting the required documents and fees no more than two months prior to that date as indicated on the Form 14A Application for Change of Status to Non-Practising, Retired or to Resign Membership.

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If I decide to return to practice in the future, will any conditions be imposed?

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A non-practising member who applies for registration as a practising member, and who has not practiced for at least three of the immediately preceding five years must

  1. satisfy the requirements of the Admissions Committee with respect to articles, attendance at the bar admission course, bar examinations, and such other requirements as may be prescribed by the Committee,
  2. comply with all other conditions the Admissions Committee considers necessary. (subsections 30(11) and 25(2) of the Law Society Act, 1996 and section 50 of the General Rules under The Law Society Act, 1996).
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Does a non-practising member have to meet the requirements of the Continuing Professional Development program?

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No, non-practising members are not subject to the CPD requirements.

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If I have outstanding CPD hours for this calendar year when changing to non-practising status, will I have to complete those hours upon my return to practising status?

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Yes, any outstanding CPD hours when changing status from practising to non-practising status will be added to the CPD requirement in the year of the subsequent return to practising status.

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Do non-practising members pay the Canadian Bar Association Membership fee?

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Yes, the Canadian Bar Association fee is mandatory for non-practising members of the Law Society of New Brunswick.

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How can I obtain more information?

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If you have any questions about non-practising status, please contact the Membership Coordinator.

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