January 24, 2024

Changes to Active Non-Practising Status Effective Feb. 1, 2024

In October 2023, the Benchers approved changes to the existing active non-practising status to better accommodate lawyers taking a leave from practice.  


The following changes to the active non-practising status are effective Feb. 1, 2024:  


  • The fee for active non-practising status will be one-half the fee for full active status. This year, that means the fee will be $1,320 + GST. 
  • 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.  


There are no eligibility requirements to hold this status. It is available to lawyers who need or want to take a leave from practising law for any reason.


What this Means for You


If you currently hold active non-practising status and want to continue this status, these changes will apply upon your renewal. No further action is required from you at this time. The conditions for the status—including not engaging in the practice of law or giving any legal advice, exemption from the professional liability indemnity levy, and exemption from the reinstatement fee—remain in place. Visit our Status Options & Contact Information Changes page for more information. 


Please note that current inactive lawyers interested in changing to the new active non-practising status are still subject to the full reinstatement process. For anyone interested in changing their status, please note that processing times may vary as this is a busy time of year for applications. Please submit your application to our Membership department as early as possible. 


If you have further questions about the active non-practising status, please read our FAQ or contact our Customer Service team via email or phone at 403.229.4700 or 1.800.661.9003 toll-free.  

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New Part-Time Membership Status Eligibility Criteria Coming into Effect

In April 2023, the Benchers approved a permanent part-time membership status option based on updated eligibility criteria, to be implemented in 2024. This change is now coming into effect.


The part-time membership status fee is one-half the fee for full active status, and the new eligibility criteria for lawyers include:


  • having 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
  • working 750 hours or fewer, annually, related to the delivery of legal services.  


A lawyer must certify that they meet each element of the eligibility criteria to apply for part-time status.

 

The new criteria expand eligibility for this status, so most lawyers who previously chose part-time status will continue to meet the criteria. If you currently hold part-time status and are unsure if you are still eligible with the new criteria, please contact our Customer Service team via email or phone at 403.229.4700 or 1.800.661.9003 toll-free. If you continue to meet the criteria, no further action is required.


For more information on part-time membership status, read our FAQ or visit our Status Options & Contact Information Changes page.

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Assemblée du Barreau francophone et bilingue de l’Alberta | Jan. 29, 2024


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