Interjurisdictional Practice of Law (Mobility)

Interjurisdictional practice of law may be temporary or permanent. A lawyer who is a member of one Canadian jurisdiction enters the realm of mobility by:

• providing legal services, temporarily, in another jurisdiction or with respect to the law of another jurisdiction, or
• by becoming a member of the governing body of another jurisdiction

Transfer – Application for Enrolment as a Member of the LSA
Visiting Lawyers
Permits

Transfer - Application for Enrolment as a Member of the LSA

The basic requirements for a member of a Canadian law society to become a member of the Law Society of Alberta are:

• A Bachelor of Laws degree or a Juris Doctor degree from a faculty of common law at a Canadian university or equivalent qualification
• Good character and reputation
• Successful completion of the bar admission course and/or transfer examinations
• Submission of Application for Enrollment as a Member (Form 2-15) with the documents and information required

To make an application to transfer membership to the Law Society of Alberta from another Canadian jurisdiction, you must provide the following documents and fees:

• Application for Enrollment as a Member (Form 2-15)
• Certificate of Character and Reputation – two required (Form 2-4)
• Official original transcript from the law school where degree was granted
• Proof of Canadian citizenship
• Certificate of Standing from each governing body of which you are or have been a member, in or outside of Canada
• Errors and Omission letter from each of your previous and current insurers which state any claims made against you
• Transfer application fee. Please see the Fee Schedule for the current fee information.

All forms are to be provided by fax or mail to LSA Membership Services, or email the Membership Department.

Permission to practise law pending completion of your transfer application to the LSA
As of July 1, 2003, lawyers applying to transfer to Alberta cannot use the temporary mobility rules while the application for membership is pending if the applicant has triggered the economic nexus disqualification (Rule 72.3).

Before providing legal services in Alberta, you must first obtain the permission of the LSA executive director. This is done by completing a Request for Permission to Practice application form.

In order to obtain permission to practise pending completion of your transfer application, you must be a member of a jurisdiction participating in the national mobility agreement, entitled to practise law and have appropriate liability insurance coverage among other requirements.

If you have a permit from the LSA or an articling arrangement with a member of the LSA (Rule 70), you are not required to complete the Request for Permission to Practice application form.

Transfer Examinations
You must write transfer examinations unless:
Your application for membership is pursuant to section 42 of the Legal Profession Act and you will be employed in Alberta by a government department or a corporation and will be providing legal services solely in the scope of that employment. Enrolment as a member under this section of the Act restricts your membership status to legal services provided on behalf of the government department or corporation. If you wish to provide legal services in any other capacity, you will be required to make and application to the LSA to obtain full membership  (Legal Profession Act, Section 42 and Rule 61 (3, 4, 5)) or

You are a member of a jurisdiction participating in the National Mobility Agreement and are currently entitled to practise law in that jurisdiction, and

• You certify that you have familiarized yourself with Alberta law to the extent required to be able to competently practise law in the areas you intend to practise, including the materials in the reading list required by the executive director, and
• You agree that any restrictions on your ability to practise in another jurisdiction will apply to your membership in Alberta, and
• You have not unsuccessfully written Alberta transfer examinations.

Additional Information

Complete Disclosure
If you have responded ‘yes’ to any of the questions listed on your transfer application, you must provide full disclosure, and include all official documentation. That could include court documents, bankruptcy discharge documentation, and medical reports.

Certificate of Character and Reputation
The certificates of character and reputation must be completed by a member in good standing of the legal profession in your home jurisdiction or a judge of a superior court of record in your home jurisdiction. The signatory on the certificates must have known you for a minimum of two years.

Enrollment as a Member of the Law Society of Alberta

Now that your application has been approved and you are eligible to become a member of the Law Society of Alberta, you can make the necessary arrangements to schedule your call ceremony at one of the following locations:

Court of Queen’s Bench (Calgary)

Contact: Sharon Mudd at (403) 297-2313
The Courthouse
Court of Queen’s Bench
1st Floor, 611 – 4th Street SW
Calgary, AB T2P 1T5

Court of Queen’s Bench (Edmonton)

Contact: Cara Desaulniers OR Tracy Andrews at (780) 422-2492
Court of Queen’s Bench
Law Courts, Main Floor
1A Sir Winston Churchill Square
Edmonton, AB T5J 0R2

Provincial Court of Alberta (for bar admissions south of Red Deer)

Contact: Office of the Chief Judge (Calgary) at (403) 297-6761

Provincial Court of Alberta (for bar admissions in Red Deer, Edmonton and northern Alberta)

Contact: Office of the Chief Judge (Edmonton) at (780) 427-6330

Important – an applicant for enrollment appearing before a judge must be properly gowned and attired, and shall be presented to the presiding judge by an active member of the Society. The Law Society of Alberta requires a 30-day notice of your scheduled call date.

Once you have scheduled your call ceremony date and you have confirmation from the court house, please complete and submit a Notification of Call Ceremony and Membership Information Form. This may be sent via fax or email to the Calgary office to the attention of Natalie Coco, Membership Services.

Membership & Insurance Status:

You have the following four options from which to choose when becoming a member in Alberta:

1. Active – Insured:

An active member of the LSA is required to have Professional Liability Insurance coverage when practicing as a sole practitioner, or with a law firm.

• Fees: Pro-rated member fee (includes Assurance Fund Levy) and Insurance
• Form: Application for Professional Liability Insurance (Form 7-1)
• Form: Statutory Declaration and Undertaking (for use by active members practicing as sole practitioners who do not operate a trust account). Please contact Membership for this form.

2. Active – Exempt In House Employment:

You may apply for an exemption from insurance if you are employed by an organization other than a law firm and practice solely in the scope of that employment. This would include a Corporate or Government setting.

• Fees: Pro-rated member fee (includes Assurance Fund Levy) and Insurance
• Form: Application for Exemption from Professional Liability Insurance (Form 7-2)
• Form: Statutory Declaration and Undertaking (for use by members who are counsel as defined by Rule 135). Please contact Membership for this form.

3. Active - Not Engaged in the Practice of Law:

You are not entitled to practice law or give legal advice in Alberta. If you wish to obtain practising status, you are required to notify the Law Society of Alberta and comply with the Professional Liability Insurance requirements.

• Fees: Pro-rated member fee (includes Assurance Fund Levy)
• Form: Application for Exemption from Professional Liability Insurance (Form 7-2)

4. Inactive:

You are not entitled to practice law or give legal advice in Alberta, however, you are able to maintain your membership in Alberta.

• Fees: Annual inactive fee
• Form: Election to Become an Inactive Member (Form 2-20)

Important - We recommend that your fees accompany your insurance form to ensure your paperwork is processed and your call documents are sent to the court house in a timely manner.

Payment

Payment can be made by cheque, money order, bank draft, or through internet banking. The Law Society of Alberta is registered with most major banks.The vendor name is the Law Society of Alberta and the account number is your transfer ID number. Please contact Natalie Coco at 403-229-4726 for further instructions.

Reinstatement

If you choose to be called as an “Active – Not Engaged in the Practice of Law” or “Inactive” status and decide to change your status to either “Active – Insured” or “Active – Exempt In House”, you will be required to make an application for reinstatement (Form 4-1.1) pursuant to Rules 115 and 118. Please contact Membership Services for further details.

Visiting Lawyers

Providing Legal Services in Alberta without Becoming a Member of the LSA
You may be entitled to provide legal services in relation to Alberta without becoming a member of the Law Society of Alberta.  For more information see mobility information.

• You are a member of another law society in Canada
• You are entitled to practise law in that jurisdiction
• You meet the liability insurance and defalcation compensation coverage requirement set out in the Rules of the Law Society of Alberta (which are generally met if you are insured as required by the governing bodies participating in the National Mobility Agreement or the Interjurisdictional Practise Protocol)
• You do not have a disciplinary record in any jurisdiction
• You are not subject to conditions or restrictions on your practice or membership in the governing body in any jurisdiction imposed as a result of or in connection with proceedings related to discipline, competency, capacity, admission or reinstatement.
• You do not develop an economic nexus with Alberta
• You are not facing any criminal or disciplinary proceedings in which the matter has been directed to a hearing in any jurisdiction
• You provide legal services for a maximum of 100 days in any calendar year if you are entitled to practise in the jurisdiction of a governing body participating in the national mobility agreement of which you are a member

A visiting lawyer who does not meet the requirements set out in the Rules (Rules 71.2(1) and (3)) or who is disqualified under the economic nexus qualification (Rule 72.3) must obtain a permit in order to provide legal services in Alberta.

Additional Information

Entitled to Practise Law
Entitled to practise law means you are allowed to engage in the practise of law in the home jurisdiction, under all the legislation and regulation of a home jurisdiction, without meeting any further requirements.

Economic Nexus
An economic nexus is established by actions inconsistent with a temporary basis for providing legal services. This includes, but is not limited to, doing any of the following in Alberta:

• Providing legal services beyond the 100 days or 10 matters involving 20 days in 12 months (whichever is applicable, see below)
• Opening an office from which legal services are offered or provided to the public
• Becoming a resident (Rule 71(j))
• Opening or operating a trust account, or accepting trust funds, except as permitted under the rules
• Holding yourself out or allowing yourself to be held out as willing or qualified to practise law in Alberta except as a visiting lawyer (Rule 72.3 (2))

100 Day Rule
‘Day’ means any calendar day or part of a calendar day in which a lawyer provides legal services unless indicated otherwise (Rule 71 (a)). You begin counting on the first day you begin practicing law.

If you require an extension of the 100 day permission, you must obtain an extension from the Law Society of Alberta before working more than 100 days. 

Permits

A visiting lawyer who does not meet the requirements of Rules 72.2(1) and (3), or who is disqualified under the economic nexus qualification (Rule 72.3) must obtain a permit in order to provide legal services in Alberta.

To apply for a permit, you must complete and submit the following documents and fees:

• Permit Application
• Permit fee (if applicable)
• Certificate of Standing from each governing body of which you are a member of, dated no longer than 30 days before the date of your application
• Proof of professional liability insurance and defalcation coverage from a governing body that extends to the visiting lawyer’s practice in Alberta

All forms are to be provided by fax or mail to LSA Membership Services, or email the Membership Department.

A permit is effective one year from the date it was issued and allows a visiting lawyer to provide legal services for no longer than 100 days in that year, subject to any conditions or restrictions imposed by the LSA (Rule 72.5 and 72.6).

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