Cameron Miranda
Whether or not to keep your law license active is a question that many lawyers face at some point in their careers. While some lawyers may choose to retire or surrender their licenses, others may want to keep their options open by maintaining an active license. In most states, keeping your license active requires paying an annual or biannual registration fee, completing continuing education classes, and fulfilling other requirements such as reporting CLE credits and pro bono work. Failing to comply with these requirements can lead to a suspended license. For lawyers who no longer wish to practice law in a particular state, electing an inactive status can be a viable option, which often comes with discounted fees and fewer requirements. However, inactive lawyers must be careful not to imply that they are licensed to practice law in that state. Ultimately, the decision to keep a law license active depends on individual circumstances, the desire to remain connected to the legal profession, and the possibility of returning to active practice in the future.
| Characteristics | Values |
|---|---|
| Active status | Can engage in the practice of law |
| Can refer to themselves as attorneys | |
| Can hold themselves out as authorized to practice law | |
| Can volunteer for pro bono work | |
| Can be found on the registry | |
| Can be perceived as being in good standing | |
| Can be perceived as being up-to-date with changes in the law | |
| Inactive status | Cannot engage in the practice of law |
| Cannot hold themselves out as authorized to practice law | |
| Cannot be found on the registry | |
| Can be perceived as being in bad standing | |
| Can be perceived as having done something wrong | |
| Can be perceived as not being up-to-date with changes in the law | |
| Cheaper to maintain | |
| No need to complete CLEs | |
| Easier to switch to active status than vice versa | |
| May not be able to waive into another bar |
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What You'll Learn
Pros and cons of keeping an active license
There are several factors to consider when deciding whether to keep a law license active or inactive. Here are some pros and cons to help you make an informed decision:
Pros of Keeping an Active License:
- Ease of Reactivation: If you decide to return to legal practice, having an active license makes it easier and quicker to resume practising law. In some jurisdictions, you may need to meet specific requirements to reactivate an inactive license, such as completing continuing legal education (CLE) credits and paying bar dues for the inactive period.
- Maintaining Professional Options: Keeping your license active preserves your ability to provide legal services, whether through traditional practice or pro bono work. This option can be especially valuable if you are considering a career change but want to keep the door open for a potential return to law.
- Staying Current with Legal Changes: An active license encourages lawyers to stay updated with legal developments. The law is constantly evolving, and maintaining an active license can motivate individuals to continue their legal education, ensuring they are better equipped to serve clients effectively.
- Avoiding Potential Issues with Future Licensure: In some jurisdictions, maintaining good standing in one jurisdiction may be a prerequisite for admission to another jurisdiction. Keeping your license active can prevent potential complications if you ever consider seeking licensure in another state or jurisdiction.
Cons of Keeping an Active License:
- Financial Cost: Maintaining an active license typically incurs fees, including annual or biannual registration fees and bar association membership dues. These expenses can be a burden, especially if you are not actively practising law or if your employer does not cover them.
- Time Commitment: Active licenses often require lawyers to complete CLE credits and stay informed about legal changes. This commitment can be demanding, especially if you are focused on a different career or have other personal commitments.
- Ethical and Professional Obligations: Lawyers with active licenses are expected to uphold ethical standards and professional responsibilities. Failure to do so can result in disciplinary action or suspension of the license. If you are no longer actively practising law, navigating these obligations can be challenging.
- Potential Impact on Career Transition: While having an active license may be advantageous, displaying an inactive license on your resume could raise questions from potential employers. They may inquire about the reasons for your inactivity, but it is unlikely to affect your ability to get hired in a non-legal role.
Ultimately, the decision to keep your law license active depends on your personal and professional circumstances, future plans, and financial considerations. It is essential to carefully review the requirements and options provided by your specific jurisdiction to make the most informed choice.
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Inactive vs active status
The decision to maintain an active or inactive law license status depends on various factors, including your current career path, future plans, and financial considerations. Here is a detailed comparison between the two statuses:
Active Status:
- Practice Law: Lawyers with active status can engage in the practice of law in their state, refer to themselves as attorneys, and represent themselves as authorized to practice law.
- Fees: Active status typically requires paying annual or biannual registration fees, which can be a few hundred dollars. These fees are separate from any bar association membership fees.
- Continuing Legal Education (CLE): Active status lawyers must complete a certain number of CLE credits or hours, staying up to date with their legal education.
- Ease of Transition: If you plan to return to practising law in the future, maintaining active status can make the transition easier. Switching from inactive to active status may require additional steps, forms, and fees, and there may be a risk of needing to retake the bar exam.
- Professional Opportunities: Maintaining active status can keep professional opportunities open, such as the option to waive into another bar or jurisdiction. It may also positively impact how potential employers perceive you.
Inactive Status:
- Non-Practice: Lawyers with inactive status are not permitted to engage in the practice of law in their state. They should refrain from holding themselves out as authorized to practise law to avoid any misunderstandings or ethical issues.
- Fees: Inactive status often comes with a discounted rate, allowing lawyers to save on registration fees.
- CLE Requirements: Inactive status usually waives the CLE requirements, so lawyers on this status do not need to spend time and resources on continuing legal education.
- Retirement and Disability: If you plan to retire or are facing permanent disability, inactive status can be a suitable option, relieving you from certain reporting obligations.
- Flexibility: Inactive status can provide flexibility if you are exploring career options outside the legal field or taking a break from practising law without completely resigning from the bar.
It is important to note that regulations and requirements may vary across different states and jurisdictions. Before making a decision, it is advisable to research the specific rules and processes for your location, including the steps required to switch between active and inactive statuses.
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Registration requirements
Lawyers who are permanently disabled may elect disability status, which is handled by the Lawyer Registration Office. Once a disability affidavit is filed, the lawyer is no longer required to file their lawyer registration statement. They are also automatically placed on voluntary restricted status and are not obligated to report CLE credits unless they wish to return to active status.
In most states, retired attorneys are relieved of all licensing obligations and can no longer practice law. However, some states allow retired attorneys to volunteer for pro bono work and participate in bar activities. To return to active practice from retired status, attorneys would typically need to be readmitted to the bar and retake the bar exam.
It is important to note that failing to comply with registration requirements after receiving warnings can result in a license suspension. The conditions for reinstating a license vary from state to state, and exceptions may exist for those who primarily practice in another state or are on inactive or retired status.
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Maintaining eligibility
Registration and Fees
Lawyers must typically register annually or biannually and pay a fee to maintain their active status. In some jurisdictions, the fee amount depends on factors such as years of practice or income level. Failing to comply with registration requirements can lead to a suspended licence, and the process for reinstatement varies across states.
Continuing Legal Education (CLE)
Lawyers are generally expected to stay up to date with changes in the law and maintain their legal knowledge through CLE credits. The number of required CLE credits varies, and inactive lawyers may be exempt from this requirement.
Ethical Conduct and Disciplinary Record
Lawyers must adhere to ethical standards and avoid disciplinary issues. When registering, lawyers may need to affirm that they have no outstanding child support debts, have not been charged with professional misconduct or a crime, and have no malpractice claims against them.
Pro Bono Work
Some jurisdictions require lawyers to report their pro bono work hours. Additionally, retired attorneys in many states are allowed to volunteer for pro bono work, which can be a way to stay involved in the legal profession without maintaining an active licence.
Other Considerations
Lawyers should regularly update their contact information and ensure their licence is in good standing. Those considering a career break or retirement have options like inactive status, which allows for a potential return to active practice. However, prolonged inactivity may require additional steps to reactivate a licence, such as making up for missing CLE credits or paying bar dues for inactive years.
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Alternative options
If you are considering giving up your law license, there are several alternative options to explore. These options vary depending on the state and your circumstances. Here are some possibilities to consider:
Inactive Status
Several states allow lawyers to choose an "inactive status" if they are not currently practising law. This option typically comes with a discounted rate and relieves you from specific licensing obligations. However, inactive lawyers are prohibited from practising law in that state and should not hold themselves out as licensed to do so. Requirements for reverting to active status vary but generally involve fulfilling continuing legal education requirements and paying bar dues for the inactive years.
Retired Status
Many states offer retired status for lawyers who wish to step away from the profession permanently. This status relieves retired lawyers of all licensing obligations, but they can no longer practise law. Returning to active practice from retired status typically requires readmission to the bar and retaking the bar exam. Retired attorneys often remain connected to the legal community through invitations to bar activities, conferences, and committee service.
Senior Status
Senior status is an option provided by some states, often based on age or years of active practice. Senior status waives licensing requirements but prohibits the practice of law. Some states allow senior-status attorneys to engage in pro bono legal services, providing an opportunity to remain connected to the legal field without active practice.
Pro Bono Work
If you are considering retirement but wish to remain engaged in the legal field, pro bono work is an option in many states. This allows retired attorneys to stay mentally active and contribute their expertise to those in need. However, it is essential to stay current with legal changes to protect your clients effectively.
Voluntary Restricted (VR) CLE Status
Lawyers who choose inactive status in some states, such as Minnesota, can also elect Voluntary Restricted (VR) CLE status. This status relieves them of the obligation to report CLE credits unless they decide to revert to active status later.
These options provide a range of alternatives for lawyers considering giving up their active law licenses. Each state has specific requirements and variations, so it is essential to consult the relevant bar association or regulatory body for detailed information.
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Frequently asked questions
Keeping your law license active means you can return to practice without having to reapply for your license. It may also be beneficial if you want to volunteer for pro bono work, as many states allow retired attorneys to do so.
You will have to pay annual or biannual registration fees, complete continuing education classes, and ensure your contact information is up to date. You may also have to disclose information such as whether you have malpractice insurance or any outstanding child support debts.
If you do not keep your law license active, you will not be able to practice law. In some states, you may be able to elect "inactive status", which means you can return to active status without retaking the bar exam. However, you may still have to pay bar dues for the inactive years and complete continuing legal education.
If you resign your law license, you will no longer be able to practice law and you will be relieved of all licensing obligations. In some jurisdictions, you may need to ensure your license is in good standing before resigning.
You can elect to keep your law license active but not practice law. This is known as "inactive status" in some states, and it means you cannot engage in the practice of law but can return to active status without retaking the bar exam. You will still need to submit your continuing legal education credits every few years.
