Working or Associating with a Former or Suspended Licensee

Application Under Rule 7.6-1.1 of the Rules of Professional Conduct or Subrule 6.01(6) of the Paralegal Rules of Conduct

Purpose

Lawyer or paralegal licensees who plan to retain, occupy office space with, use the services of, partner or associate with, or employ in any capacity having to do with the practice of law or provision of legal services any person who in Ontario or elsewhere, has been disbarred and struck off the Rolls, has had his or her licence to practise law or to provide legal services revoked, has been suspended, has had his or her licence to practise law or to provide legal services suspended, has undertaken not to practise law or to provide legal services, or who has been involved in disciplinary action and been permitted to resign or to surrender his or her licence to practise law or to provide legal services, and has not had his or her licence restored must formally apply in advance to the Law Society for permission to do so under rule 7.6-1.1 of the Rules of Professional Conduct or subrule 6.01(6) of the Paralegal Rules of Conduct.

Application Process

The applicant must complete an Application Under Rule 7.6-1.1 Applicant Lawyer’s Information form or an Application Under Subrule 6.01(6) Applicant Paralegal’s Information form, along with the Information for a Plan of Supervision Under Rule 7.6-1.1/Subrule 6.01(6) form. The former or suspended licensee must complete the Information for a Rule 7.6-1.1/Subrule 6.01(6) Application from a Former or Suspended Licensee or a Licensee who has Given an Undertaking Not to Practise Law or Provide Legal Services. All forms should be submitted to the Law Society by the applicant, along with the application fee.

All applications and attachments are reviewed by Administrative Compliance (AC). If the review reveals that the application, the information form and/or any attachments are not complete then an AC Representative will contact the applicant to request additional information or to advise of necessary changes.

It is the applicant's responsibility to publish a notice to the profession at their own cost. Information on publication is provided in the application package. 

The Law Society’s Monitoring and Enforcement department prepares a memorandum summarizing the information provided by the applicant and the former or suspended licensee, and information gathered internally. The memorandum, a Plan of Supervision, an outline of any concerns Monitoring and Enforcement may have, a recommendation with respect to the decision, and suggested conditions are submitted to the Hearing Division of the Law Society Tribunal. This information is shared with the applicant prior to its submission.

The application process does not result in a formal hearing. The Hearing Division of the Law Society Tribunal makes its decision based on written submissions. The materials provided by the applicant and the former or suspended licensee are confidential. The application and the information prepared by Monitoring and Enforcement are reviewed by the Hearing Division of the Law Society Tribunal in camera. The final decision of the Hearing Division of the Law Society Tribunal is public, together with any approved Plan of Supervision.

AC requires up to 60 business days to review the application prior to submitting it to Monitoring and Enforcement.

Applications under rule 7.6-1.1 or subrule 6.01(6) are generally approved for a defined term of three years. During that term, applicants must report quarterly to the Law Society regarding their adherence to the Plan of Supervision and conditions attached to the Hearing Division's permission given under rule 7.6-1.1 or subrule 6.01(6). Each report must be accompanied by an administrative fee. Reports are due within 15 days of the end of each quarter. Failure to file these quarterly reports may result in revocation of the permission granted to the applicant to continue in the arrangement with the former or suspended licensee.

At the end of the three-year period, the Law Society will determine whether it is necessary for the lawyer or paralegal to make a formal renewal application for the arrangement. Renewal details are available in the Rule 7.6-1.1 and Subrule 6.01(6) Applications Guide to the Law Society’s Policy and Procedures (PDF)

Non-refundable Administrative Fees

A non-refundable application fee in the amount of $200 + HST must be submitted with the application.

A non-refundable quarterly report fee in the amount of $50 + HST must be submitted with each Quarterly Report.

If another application is necessary following the three-year approval period, a non-refundable fee in the amount of $150 + HST must be submitted with the application.

Links to Application and Additional Documents:

Lawyers:

Paralegals:

Other Documents

Links to Applicable Rules

Lawyers:      

Paralegals:

Questions

Application related questions should be directed to Administrative Compliance by calling 416- 947-3315 (toll-free 1-800-668-7380 ext. 3315) and asking to be transferred, or emailing Administrative Compliance using the Contact Page .

Accessibility

The Law Society of Upper Canada is committed to ensuring that our websites and web applications are accessible for people with disabilities. We have also made efforts to make Law Society documents accessible to everyone. If you need any of our documents or forms in an alternate format that is accessible to you, please contact us.