Some lawyers may be exempt from the requirement to pay the indemnity fee.
(words highlighted in orange will lead you to more information)
In‐house lawyers or lawyers on secondment
In-house or seconded lawyers have the option of paying the annual indemnity fee and participating in the indemnification program. The Policy provides coverage to you for claims brought against you by third parties. There is no coverage for claims brought against you by or on behalf of your employer.
Lawyers providing pro bono legal services
Lawyers often provide legal advice and services for free. Lawyers who pay the annual indemnity fee are covered for these activities. Lawyers who claim an exemption from paying the fee will only be covered when providing pro bono legal services through a sanctioned services provider administered by Access ProBono.
Retired lawyers or lawyers no longer in private practice
Lawyers who are retired or non-practising do not generally pay the annual indemnity fee. Built in "tail" or "discovery" coverage continues to protect you.
You may also qualify for an exemption if you:
- provide research and opinion services to an indemnified member and have no client contact whatsoever (includes law professors rendering research and opinion services to government).
- are not engaged in the practice of law at present (for reasons including a sabbatical, maternity or parental leave, or unemployment).
- reside* outside of British Columbia and are not engaged in the practice of BC law.
- reside* outside of British Columbia in a Canadian jurisdiction, are a member of that jurisdiction’s law society, are entitled to practise law in that jurisdiction, and maintain the full professional liability insurance or indemnification coverage required in that jurisdiction.
- are a Canadian Legal Advisor authorized to practise law in BC and maintain full professional liability insurance coverage required by the Barreau du Québec that extends to your practice in BC.
* Resident has the meaning with respect to a province or territory that it has with respect to Canada in the Income Tax Act (Canada).
How to apply
Please visit the Law Society of BC's website for a copy of the application form and more information about exemptions: Apply for Indemnity coverage or an exemption.
If you have paid the indemnity fee for the current practice year and become exempt, you will receive a refund of the prorated portion of the indemnity fee from the Law Society.