Policy on Re-Admissions
- An individual whose name has been struck from the rolls as a result of being disbarred or being permitted to resign as a discipline penalty, or an individual who has been granted permission to resign at his or her own request, may apply for re-admission to membership in the Law Society.
- Application for re-admission will be made to Council on a form provided and will be accompanied by supporting documentation and the fee prescribed by Council.
- Council will establish the procedures to be used to assess an application for re-admission and may require additional information in any of the following forms:
- letters of reference;
- medical evidence;
- either written or oral;
- sworn testimony;
- in any other form Council deems appropriate.
- The membership of the Society will be advised of an application for re-admission and allowed to make any submissions which are relevant to the application.
- Any hearing held to consider the application of an individual who has been struck from the rolls as a result of being disbarred or permitted to resign as a discipline penalty, will be open to the public and the media will be advised of the place, date and time of the hearing. The hearing panel may rule, upon application and for good cause, that all or a portion of the hearing shall be conducted in camera.
- If Council decides that a hearing is appropriate, the hearing will be presided over by a panel of Council comprised of not fewer than 3 members of Council including at least one of the public representatives. The decision of the panel shall be ratified by Council at the next regular Council meeting following the release of the decision to the applicant.
- In considering an application for re-admission, Council will have access to the individual’s entire discipline record with the Law Society.
- If the applicant was struck from the rolls or was allowed to resign on the recommendation of a discipline committee, the applicant must establish that any conditions placed on re-admission by the discipline committee have been fulfilled.
- If Council decides that a hearing is appropriate for the consideration of the application, legal counsel may be engaged to advise Council and to lead questioning of any witnesses, present relevant documents and other evidence, present witnesses, and, in general ensure that matters essential to Council’s deliberations regarding the application are presented.
- Council will provide its decision on the application including written reasons within 60 days of the completion of a hearing, or the receipt of the application, if no hearing is to be held, unless there are valid reasons for extending that period, which reasons will be provided to the applicant following approval of the delay by the Council as a whole.