By-Law 6 of the Law Society Act requires that all Ontario LAWYERS who practise law in Ontario pay the insurance premium annually, to ensure they have malpractice coverage in place.

However, certain categories of LAWYERS can apply to exempt themselves from paying this premium.

Maximum of $250,000 per claim/in the aggregate Run-Off Coverage for claims brought against you, as defined in the LAWPRO^® Policy.

Please note that there is no coverage for PROFESSIONAL SERVICES provided during any period of exemption. The only exceptions to this are with respect to PRO BONO SERVICES provided through an approved pro bono PROFESSIONAL SERVICES program associated with Pro Bono Law Ontario, and where application is received and additional coverage specifically purchased, for certain services yet to be performed as estate trustee, trustee for inter vivos trust, or attorney for property. For more information, beyond that provided below, please contact LAWPRO Customer Service.

pro bono
If you provide pro bono PROFESSIONAL SERVICES through an approved program associated with Pro Bono Law Ontario, you would continue to be eligible for exemption. You would also have Run-Off Coverage for your approved pro bono PROFESSIONAL SERVICES. For details, see pro bono.

If you provide pro bono work for not-for-profit organizations (not associated with Pro Bono Law Ontario), you may continue to qualify for exemption. For details see pro bono.

• Online form
• PDF form

• Increased Run-Off Coverage protection: To increase your Run-Off Coverage protection, and/or purchase expanded coverage for certain services yet to be performed as estate trustee, trustee for inter vivos trust, or attorney for property;
• Excess Insurance: For an additional layer of protection above $1 million per claim/$2 million aggregate coverage
• Standard coverage program: $1 million per claim/$2 million aggregate coverage

Are you exempt?

If you also provide PROFESSIONAL SERVICES to your EMPLOYER's customers or clients, or to organizations outside the "employer group", you are deemed to be providing these services in private practice and are no longer exempt from having to pay the premium.

As well, if you provide PROFESSIONAL SERVICES to any other individuals, including family, friends or associates (even on a pro bono basis) you are considered to be in private practice, and must pay the insurance premium.

If you do not qualify for the exemption, but your private practice of law is less than 20 hours per week, you may qualify for the part-time practice premium discount.

If you plan to act as estate trustee, trustee for inter vivos trust, or attorney for property, you will want to consider the practice implications described in LAWYERS acting as estate trustee.

LAWYERS employed or volunteering in legal aid clinics
The nature of their work requires that LAWYERS employed or volunteering in legal aid clinics provide PROFESSIONAL SERVICES to clients within the employer group. These LAWYERS would continue to qualify for exemption.

However, if you also provide PROFESSIONAL SERVICES to third parties outside the employer group (such as employer's clients outside the employer group, family, friends or associates, even if on a pro bono basis), you are considered to be in private practice. You would not qualify for exemption and would be required to pay the LAWPRO insurance premium as required by the Law Society.

LAWYERS acting as estate trustee, trustee for inter vivos trust, or attorney for property
As you wind down your private law practice, it may be that you are named or act as estate trustee, trustee for inter vivos trust or attorney for property, even though the rest of your practice is being turned over to one or more LAWYERS who remain in private practice.

If so, you can expect to have certain obligations to the Law Society, even though you may not be required to pay the Law Society's annual fee, including:

• having to declare to the Law Society such trusteeships or powers of attorney when you change to a non-practising status; and
• having to file the appropriate exemption forms each year with LAWPRO to confirm that you continue to be exempt from the payment of insurance premium levies.

The criteria under which a government LAWYER, educator or LAWYER working in a legal aid clinic, who continues to act as estate trustee, trustee for inter vivos trust or attorney for property, can apply for exemption from payment of insurance premiums and levies, are fully set out in Exemption Eligibility.

Interpreting the exemption
This exemption is available to you, regardless of whether you are acting on a single trusteeship or power of attorney, or a number of trusteeships or powers of attorney.

However, this exemption may not apply to every instance in which you act as estate trustee, trustee for inter vivos trust, and/or attorney for property.

For example, your role as estate trustee, trustee for inter vivos trust, or attorney for property, must be residual work from your past practice in Ontario, which would not be the case where you have been named as estate trustee, trustee for inter vivos trust or attorney for property only after leaving private practice.

As well, this exemption would not apply to any trusteeship or attorney for property, where you have been named or are acting in respect of a member of your own family. So, for instance, this exemption would not apply to a LAWYER who has never been in practice and acts as estate trustee for a family member. For this purpose, members of the LAWYER'S own family means "related persons" as defined under section 251(2) of the Income Tax Act (Canada).

If these are the only types of occasions in which you have been named or act as estate trustee, trustee for inter vivos trust, or attorney for property in relation to your work as a government LAWYER, educator or LAWYER working in a legal aid clinic, you would not elect exemption on the basis of eligibility rule (h). Instead, you would simply look to apply for exemption on the basis that you are employed in government or education, or are working or volunteering as a LAWYER in a legal aid clinic, as described more fully in the Exemption Eligibility.