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Restricted Area of Practice Option

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A defendant client charged under the Civil Remedies Act is facing the seizure of property. Can I represent the client and maintain my Restricted Area of Practice Option?

If you have a Restricted Area of Practice option, you may represent a client on the above matter. Under the Restricted Area of Practice option, while you must restrict your practice to immigration and/or criminal law this includes representing clients in matters considered to be quasi-criminal.

I work in a law firm that is a partnership of four lawyers. Three of the lawyers restrict their practice to criminal law. The fourth practises criminal law but also does some civil litigation work. Can the three who restrict their practice to criminal law choose the Restricted Area of Practice option?

Lawyers who work in a partnership (general or LLP) or in a law corporation (with more than one lawyer) must choose the same practice options. As the fourth lawyer in your law firm does not qualify for the Restricted Area of Practice option (as the lawyer also does civil litigation work), none of the lawyers in your law firm can choose the Restricted Area of Practice option.

I only do criminal or immigration work and have claimed the Restricted Area of Practice premium discount. Do I still need to file exemption forms for the real estate and civil litigation transaction levies?

No. Effective 2023, we are introducing automatic exemption from the transaction levy filing requirements for lawyers on the Restricted Area of Practice premium discount. These lawyers certify on renewal that they and the other members of their firms only practise criminal and/or immigration law.

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