Lawyer Regulation
Guidelines for Suspended, Resigned or Disbarred Members
There has been in the past some confusion as to what activities
members whose status has changed from active to suspended, resigned
or disbarred may undertake. The following is an attempt to
answer most of the questions the Benchers have received. Any
further inquiries can be directed to the Law Society
Administration.
As of the date set for the beginning of your suspension,
resignation or disbarment, your status is the same as that of a
non-member of the Law Society. You may not practice law in
any manner or hold yourself out as being permitted to practice
law. Without limiting the generality of the foregoing you may
not:
a) accept new clients;
b) do any legal work or undertake to
do any legal work for existing clients;
c) provide legal advice or services
for fee or reward directly or indirectly;
d) commence, carry on or defend any
action in any Court;
e) draft or revise any legal
documents or execute any documents which require execution by a
member of the Law Society;
f) notarize or commission documents
or swear Affidavits or Declarations as a Notary or Commissioner for
Oaths unless you have been formally appointed as such;
g) report to clients except for the
purpose of advising as to your status or to deliver an account for
services rendered prior to your suspension, disbarment or
resignation;
h) provide services to a lawyer or
law firm relating to the practice of law except with approval of
the Chair of Discipline, on whatever terms and conditions the Chair
sees fit; [Amended April 2003] or
i) act as principal to an articling
student.
You may:
a) render and collect outstanding
accounts to clients; and
b) meet with clients for the sole
purpose of advising as to your status, discussing outstanding
accounts or to facilitate the transfer of the client's files.
Rule 1607.1 prohibits the inclusion of a suspended member in any
marketing activity unless the suspension is for a period of less
than 30 days. This prohibition includes letterhead,
signage, telephones and all advertising material.
Ongoing files and outstanding undertakings by a suspended member
must be handled by another lawyer. It is the suspended
member's obligation to make suitable arrangements to ensure that
the client's interests are protected, subject to the client's right
to choose who will represent him/her.
Any documents of continuing value to clients such as original
wills, mortgages, etc., must, in the case of disbarred or resigned
members, be returned to the client or transferred to another
lawyer. If the member is suspended and intends to return to
the practice, such documents may remain with the balance of files
and documents pertaining to the member's practice, but must be
available for production immediately if required by the client or
the client's representatives.
A suspended, resigned or disbarred lawyer may not have signing
authority on any trust accounts.
A suspended, disbarred or resigned member should not share
office space with any practicing members of the Law Society and
should not attend at his/her previous office except for the purpose
of facilitating the transfer of files or assisting in the winding
up of the practice. The practice of law while suspended may
be viewed by the Law Society as an indication that the member in
question is ungovernable.
The Law Society of Upper Canada follows similar
guidelines. Please check out
their web site for a comparison.