Working or Associating with a Former or Suspended Licensee
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Working or Associating with a Former or Suspended Licensee

Application under subrule 6.07(2) 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 subrule 6.07(2) of the Rules of Professional Conduct or subrule 6.01(6) of the Paralegal Rules of Conduct.

Application Process 

The applicant must complete an Applicant Lawyer’s Application under Subrule 6.07(2) or an Applicant Paralegal’s Application under Subrule 6.01(6). The former or suspended licensee must complete the Information for a Subrule 6.07(2)/6.01(6) Application for a Former, or Suspended Licensee or Licensee who has Given an Undertaking Not to Practise Law or Provide Legal Services. Both 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 Panel. This information is shared with the applicant prior to its submission.

The application process does not result in a formal hearing. The Hearing Panel 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 Panel in camera. The final decision of the Hearing Panel 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 subrule 6.07(2) 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 Panel's permission given under subrule 6.07(2) 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 guide at Guide to Policy and Procedures for subrules 6.07(2) and 6.01(6) (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: