Surrendering License to Avoid Annual Fee - Good idea?

[h3jk5h]

Hi all,

I recently started my own business and I am no longer practicing law, and do not intend to go back to practicing law. I declared that I am "no longer practicing" but I am still invoiced 50% of the annual fee. To avoid this fee, I'm thinking of surrendering my license altogether, though I don't want to completely shut the door for a potential comeback to legal practice. 

I know that if I eventually surrender my license, I have to complete an application to get my license reinstated. Is this a challenging process? What is the likelihood that I will be shut out of the legal profession (refused to get reinstated)? Trying to weigh my risks here. 

Thanks in advance!

[Hegdis]

Honestly I would call your law society to ask about the process. They probably have it outlined on their website. 

[h3jk5h]

I have called the Ontario Law Society and they told me to visit their website, which I did. There's an application I need to complete to have a surrendered license reinstated, but it's not clear whether the application is likely to be rejected or a mere formality. 

[KOMODO]

I can't comment on the likelihood of being reinstated (and honestly, nobody should), but I know anecdotally that some of my professors in law school were "administratively suspended" for not paying their fees, on purpose. I don't know if that's what you mean by surrendering your license, but it is an "option" that some people take (at least, in Ontario....not sure where you're located). No idea how hard it is to be un-suspended later though. Perhaps check if any of your old profs are in that boat, and if so, you could ask them about it if the Law Society won't answer?

[Mountebank]

8 hours ago, KOMODO said:

I can't comment on the likelihood of being reinstated (and honestly, nobody should), but I know anecdotally that some of my professors in law school were "administratively suspended" for not paying their fees, on purpose. I don't know if that's what you mean by surrendering your license, but it is an "option" that some people take (at least, in Ontario....not sure where you're located). No idea how hard it is to be un-suspended later though. Perhaps check if any of your old profs are in that boat, and if so, you could ask them about it if the Law Society won't answer?

The reason lawyers used to do that was because there was a loophole by which it was cheaper and easier to have your licence reinstated if you let it lapse by administrative suspension. But, my memory is that this loophole was closed around 2018 or 2019. Now, if your licence is administratively suspended by summery order and remains suspended after 12 months, your licence to practice is liable to be summarily revoked.

[KOMODO]

10 hours ago, Mountebank said:

The reason lawyers used to do that was because there was a loophole by which it was cheaper and easier to have your licence reinstated if you let it lapse by administrative suspension. But, my memory is that this loophole was closed around 2018 or 2019. Now, if your licence is administratively suspended by summery order and remains suspended after 12 months, your licence to practice is liable to be summarily revoked.

Ah. I learn something new every day!

[Bob Jones]

This issue seems like a poor cash grab by the LSO. If the licensee has declared they’re not practising anymore then there’s no reason why they should pay fees. If they want to practise in the future, then it should simply be a matter of paying that years LSO and LAWPRO fees and move on. Forcing licensees into a position where they may have to surrender their license is a really poor solution here. 

[easttowest]

9 hours ago, Bob Jones said:

This issue seems like a poor cash grab by the LSO. If the licensee has declared they’re not practising anymore then there’s no reason why they should pay fees. If they want to practise in the future, then it should simply be a matter of paying that years LSO and LAWPRO fees and move on. Forcing licensees into a position where they may have to surrender their license is a really poor solution here. 

Grabbing cash? The LSO?!

[h3jk5h]

The difficulty is assessing whether it's worth the risk surrendering my license in the event that re-applying for my license is more than a mere formality. I guess I'll just have to take the bullet and pay the annual fee.

[Satan]

Judging by the application for re-applying after self-surrendering, I can't see it being any more than just a formality.

https://lawsocietyontario.azureedge.net/media/lso/media/lawyers/licensing-following-surrender-application-9n-lawyer_en.pdf

Assuming you don't join a new profession and get removed from it for bad behaviour, have tons of claims against other professional liability insurance, are still of good character, etc. you will very likely be fine. The LSO would be very pleased for anyone to become licensed again so they can resume collecting fees.