Change of Status

Under rule 83, you may apply to the Credentials Committee to be a retired member if you are an active or non-practising member who:

• is at least 55 years of age;
• has been a member in good standing for at least 20 years; or
• has provided legal services as a lawyer for at least 20 years.

Retired members are not permitted to provide legal services. If you wish to resume providing legal services in Yukon, a retired member may apply under rule 85 to be an active member.

Retired members are:

• Eligible to be nominated as a candidate for the Executive;
• Entitled to cast their vote in Executive elections;
• Entitled to vote at meetings of the Law Society of Yukon, provided they are physically present; and
• Required to renew their membership each calendar year.

Retired members are not required to:

• Maintain professional liability coverage;
• Participate in CPD activities however, our CPD activities are accessible to retired members.

Retired members will continue to receive Society notices and communications.

Under subrule 39(2), retired members must continue to notify the Executive Director in writing of any changes to the information in the member’s file under subrule 39(1)(d) to (o) within 30 days of the change, including the member’s contact information.

Additional Requirements for Active Members in Private Practise

Please review rule 81 which sets out additional requirements for active members in private practice.

If you are in private practise and wish to apply to become a retired member in Yukon, you must do the following prior to making application:

(a)        arrange with each of your clients to transfer or close your open files with those clients;

(b)       arrange for wills, titles and any other important documents in your possession or under your control to be returned to the client or transferred to the possession of another person as instructed by your client;

(c)        arrange for the books, records and accounts you are required to maintain under Division 16 to be retained in the form and for the periods required under subrule 163(6)(c); and

(d)       in respect of all money and other property held in trust for a client or other person,

(i)         return the money and property to your client or other person on whose behalf it is held; or

(ii)       under a written arrangement with your client or other person on whose behalf it is held, transfer the money or property to another active member subject to any conditions that apply to the money or property under the written arrangement; or

(iii)      if you provide legal services through a law firm and the money or property is held in trust by your firm, confirm in a written arrangement with the client or other person on whose behalf it is held that the law firm will continue to hold the money or property in trust subject to any conditions that apply under the written arrangement.

An application to be a Retired Member must be in Form 11 and accompanied by any additional information the Credentials Committee requests to assist the Committee in determining whether the application should be approved.

Once a valid application is received by the Credentials Committee, it will be reviewed by the Committee and you will be notified in writing if your application is approved.

If you have any questions please contact the Law Society office at 867-668-4231.

Under s.18(1) of the Legal Profession Act, 2017, a member may resign their membership from the Law Society of Yukon upon giving written notice in Form 13 as required under rule 87.

A member who has resigned is not permitted to provide legal services in Yukon and will not continue to receive Society notices and communications.  If the lawyer wishes to resume providing legal services in Yukon, they will have to reapply to become a member.

If a member wishes to resign prior to the membership renewal deadline, the member should ensure their application is submitted in advance of the January 31^st deadline or they risk being automatically suspended for failing to renew their membership.

Additional Requirements for Active Members in Private Practise

Rule 81 sets out additional requirements for active members in private practice wishing to resign.

If you are in private practise and wish to resign, you must do the following prior to providing your written Notice of Resignation:

(a)        arrange with each of your clients to transfer or close your open files with those clients;

(b)       arrange for wills, titles and any other important documents in your possession or under your control to be returned to the client or transferred to the possession of another person as instructed by your client;

(c)        arrange for the books, records and accounts you are required to maintain under Division 16 to be retained in the form and for the periods required under subrule 163(6)(c); and

(d)       in respect of all money and other property held in trust for a client or other person,

(i)         return the money and property to your client or other person on whose behalf it is held; or

(ii)       under a written arrangement with your client or other person on whose behalf it is held, transfer the money or property to another active member subject to any conditions that apply to the money or property under the written arrangement; or

(iii)      if you provide legal services through a law firm and the money or property is held in trust by your firm, confirm in a written arrangement with the client or other person on whose behalf it is held that the law firm will continue to hold the money or property in trust subject to any conditions that apply under the written arrangement.

Please note that under s.18(2) of the Act, a member under suspension, audit or subject to Part 4 proceedings, may not resign from the Society without the consent of the Executive.

If you have any questions please contact the Law Society office at 867-668-4231.

If you are a non-practising or retired member you may apply to the Credentials Committee under rule 85 to be an active member.

An application must be in Form 12 and accompanied by the following:

• A certificate of standing from each governing body, and each body regulating legal professionals in a jurisdiction outside Canada, in which you are or have ever been a member, dated no more than 60 days before the date the application is received by the Credentials Committee
• Any other information the Credentials Committee requests the applicant to provide to assist the Committee in determining whether the applicant should be approved to be an active member
• If you are non-practising, fees in the amount of $1,155.00 ($1,100.00 membership fee plus $55 GST)
• If you are retired, fees in the amount of $1,543.50 ($1,370 membership fee, plus $68.50 GST)
• Insurance assessment, if applicable

All required records and information must be submitted to the Credentials Committee before your application will be considered valid. If supporting documentation will be submitted separately from the application, please advise our office.

Where a certificate of standing is required, the Law Society of Yukon (Society) will accept:

• if the certificate is issued by a Law Society in Canada, the original certificate, or an electronic copy if sent directly to the Society by the issuing Law Society;
• the original certificate if the certificate is issued by a body regulating legal professionals in a jurisdiction outside Canada.

If you have not provided legal services as a lawyer for a period of three years or more immediately before applying to change your status to an active member, the Credentials Committee may approve your application with:

• conditions or restrictions on the provision of legal services provided by you for a specified time; and/or
• require you to write and pass a Yukon statutes exam and/or complete part or all of the bar admission course within a specified period.

If you have any questions please contact the Law Society office at 867-668-4231.

Failing to comply with the rules may result in an automatic suspension under certain circumstances such as:

• failing to renew membership and/or pay membership fees;
• failing to pay the annual assessment for the Compensation Fund, if applicable,
• failing to obtain or maintain professional liability coverage as required under Division 15;
• failing to meet the Continuing Professional Development requirements; and
• failing to file financial year end reports, if applicable.

An automatic suspension under these rules may be lifted upon the member doing what was required of them leading to the suspension and the member being notified in writing by the Executive Director that the suspension is lifted.

Under rule 90(1), if you are automatically suspended under the rules and remain suspended for 12 consecutive months or more, you must apply to the Credentials Committee to have the suspension lifted.

An application must be in Form 15 and accompanied by the following:

• Payment of membership fees for each calendar year during the period you were suspended based on your class of membership at the time of suspension; and
• An application fee in the amount of $315.00 ($300 application fee plus $15 GST).

In addition, the Credentials Committee may impose conditions or restrictions on the provision of legal services by you for a period of time for the suspension to be lifted.

If you have any questions please contact the Law Society office at 867-668-4231.