Inactive Lawyers: Can They Practice Law?

Lawyers who are on inactive status are generally not eligible to practice law. In the United States, the eligibility to practice law varies from state to state. In Texas, for instance, a State Bar member on inactive status is not allowed to engage in the practice of law in Texas. In Pennsylvania, an inactive member is defined as a member of the Pennsylvania bar who has chosen to switch to this status while not actively practicing law. In New York, lawyers who are not currently practicing have several options, such as submitting a certificate of retirement or enrolling as an attorney emeritus.

Characteristics of an inactive status lawyer

Inactive lawyers in Texas cannot practice law, hold any legal position, or give legal advice

In Texas, an inactive member of the State Bar is a person who is eligible for active membership but is not currently engaged in the practice of law in Texas. Inactive lawyers in Texas cannot practice law, hold any legal position, or give legal advice.

Inactive lawyers in Texas are prohibited from engaging in the practice of law, including providing legal advice or services requiring the use of legal skill or knowledge. This means that inactive attorneys cannot serve as legal consultants to companies or law firms, nor can they represent clients in legal matters or prepare legal documents. It is important to note that engaging in the practice of law while on inactive status can lead to disciplinary action under the Texas Disciplinary Rules of Professional Conduct.

Additionally, inactive lawyers in Texas are restricted from holding any position, compensated or uncompensated, that requires a license to practice law in the state. This includes public or private positions, such as Texas elected officials, that mandate an active Texas law license. Inactive lawyers are also prohibited from holding any office in the State Bar of Texas and cannot vote in its elections.

While inactive lawyers cannot practice law or provide legal services, they may still act as mediators to the same extent as non-lawyers. It is important to note that mediators cannot give legal advice or perform any duties that require an active law license.

To request inactive status, eligible members must file written notice with the Executive Director of the State Bar of Texas and the Clerk of the Supreme Court of Texas, declaring that they are not engaged in the practice of law in the state. Inactive members are required to pay annual dues of $55 to maintain good standing with the State Bar of Texas until they reach the age of 70.

Inactive lawyers in Pennsylvania cannot practice law, but can act as a mediator

In Pennsylvania, an inactive lawyer is a member of the Pennsylvania bar who has chosen to transfer to this status while not practising law. To maintain their inactive status, they must register annually. Inactive lawyers are prohibited from practising law in Pennsylvania. To resume practising law, they must file a notice stating their wish to do so and will have to complete any additional requirements and procedures if their license has been inactive for more than three years.

While inactive lawyers cannot practise law, they can still act as mediators. Mediation is a process designed to help parties resolve disputes informally and voluntarily. Mediators are neutral parties who assist others in reaching a mutually acceptable agreement. They do not represent, advise, or evaluate the case of any party involved, nor do they make any decisions. Instead, they facilitate communication and assist with settlement negotiations.

In Pennsylvania, mediators are granted confidentiality in their work with clients before, during, and after the mediation process. They are only allowed to report matters such as threats of injury or damage under circumstances that constitute a felony, as well as any conduct that causes direct bodily injury to a person. While there are no licensing or certification requirements for private mediators in Pennsylvania, court-connected custody mediators must have a bachelor's degree and complete a 40-hour accredited custody mediation program. Mediators for the Department of Education Office for Dispute Resolution must complete a 40-hour workshop covering special education law and participate in annual continuing education workshops.

Lawyers who are active in Pennsylvania, even for part of a year, must comply with the Rules and Regulations set by the state. This includes paying licensing fees and meeting the minimum requirements for continuing legal education to remain current with the law and maintain the necessary knowledge and skills. Active lawyers can request a Certificate of Good Standing from the Prothonotary's Office of the Supreme Court of Pennsylvania.

In New York, lawyers cannot designate themselves as inactive, but can retire or resign

In New York, lawyers cannot designate themselves as inactive. Instead, they can choose to retire or resign.

Retirement

Retirement is an option for lawyers who no longer wish to practice law in New York or any other jurisdiction. To be considered retired, a lawyer must submit a certificate of retirement along with their registration form, stating that they are no longer practising law except for pro bono representations. Retired lawyers are not required to pay the biennial registration fee or complete Continuing Legal Education (CLE) requirements.

Lawyers who are over 55 years of age, have at least 10 years of experience, and participate in an approved pro bono legal services program may enrol as an "attorney emeritus".

It is possible to return to practising law after retiring, but this requires contacting the attorney registration section of the Office of Court Administration, paying the registration fee, and fulfilling the CLE requirements.

Resignation

Lawyers who no longer wish to practise in New York but may still practise in other jurisdictions can choose to resign from the New York bar. To do so, they must submit an affidavit (Form Non-Disciplinary Resignation Affidavit) to the Appellate Division, with service upon the Attorney Grievance Committee and Lawyers' Fund for Client Protection. The application must be granted by the Court.

Like retired lawyers, lawyers who have resigned are not required to pay the biennial registration fee or complete CLE requirements. However, it is not clear if they can return to practising law in New York in the future.

Lawyers on disability inactive status can petition for reinstatement, but must prove their disability has been removed

Lawyers who are on disability inactive status are not permitted to practice law. This status is usually granted when a lawyer is unable to fulfill their professional responsibilities due to physical, mental, or emotional issues, including addiction. While on disability inactive status, lawyers are not required to pay license fees or meet Minimum Continuing Legal Education (MCLE) requirements.

To return to active status, a lawyer must petition the court for reinstatement and prove that their disability has been removed. This process may involve a court-ordered examination to determine whether the lawyer is once again competent to practice law. The petition for reinstatement should be filed with the board and served to counsel. The factual issues underlying the petition will be assigned by the board to a hearing committee for a recommendation to the board and the court.

The conditions for reinstatement must be clearly stated in the order transferring the lawyer to disability inactive status. A lawyer who has been transferred to disability inactive status based on a judicial determination of incompetence may be immediately reinstated without further evidence of the removal of their disability.

It is important to note that engaging in the practice of law while on inactive status may result in disciplinary action. Additionally, inactive lawyers are restricted from holding positions that require an active law license, such as serving as a legal consultant or receiving referral fees from other attorneys.

Lawyers who are not eligible to practice law are exempt from Minimum Continuing Legal Education (MCLE)

Lawyers who are on inactive status or are not eligible to practice law are exempt from Minimum Continuing Legal Education (MCLE). This exemption is applicable in states like California and Texas. In Texas, a State Bar member on inactive status is prohibited from engaging in the practice of law in the state. This means that they cannot hold a position, compensated or not, that requires them to be licensed to practice law in Texas. They are also not allowed to act as legal consultants to a company or law firm, nor can they give legal advice or render services requiring an active Texas law license.

In California, there are similar provisions for lawyers who are inactive or not eligible to practice law. During certain periods, these attorneys are not required to fulfill the MCLE requirements.

It is important to note that the definition of "inactive attorney" may vary between different states and even within different sections of state law. For example, in Texas, the definition of "emeritus attorney" in Article XIII of the State Bar Rules differs from the same definition in the Tex. Govt. Code 81.052.

Inactive attorneys in Texas are required to pay $55 in inactive membership dues annually to maintain their good standing with the State Bar of Texas until they reach the age of 70. They can also receive referral fees from other attorneys in certain situations, such as when the fees are proportional to the professional services performed.

Frequently asked questions