QC

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DEFINITIONS
Client
GENERAL RULES
Dignity, honor, integrity, respect, moderation, courtesy
Application of other ethical rules & duties
Authority over other lawyers
cannot not prejudice the profession
No false, coercive, constrainant, harassing or exploitative representation
Cannot pressure someone to hire him
Cannot attribute himself competences he cannot justify
Non-lawyer activities dont comprise the respect of the code & is clear
whether he is acting as a lawyer or not
Respect legislation but may criticize
INTEGRITY & PROFESSIONAL INDEPENDENCE
General
Outside interest may not jeopardize the lawyers professional integrity or
independance of judgement
Cannot facilitate fraudulous/illegal activity of client
Cannot hide or omit what he must disclose
Cannot provoke a conflict to obtain a retainer or for other personal
interests
PUBLIC COMMUNICATIONS
May communicate publicly
Cannot communicate infos that he knows or should know would
prejudice the tribunal or the right of a party to a fair hearing
Cannot communicate infos that he knows or should know to be false
GENERAL DUTIES TO CLIENTS
Duty of integrity, competence, loyalty, confidentiality, independance,
impartiality, diligence, prudence
Competence
Quality of services
In the best interest of client, respectful to legislation, trustworthy
Client can choose representation
Client can choose another lawyer
Lawyer communicates to client understandably
Language rights
Clients with diminished capacitiy
DUTIES WITH REGARDS TO RETAINER
Acts pursuant to mandate given to him
When client is organization, must act for organization not for
representative
Determination of terms of mandate, consent of client
Factors to bear in mind when accepting/pursuing mandate
When another laywer will perform essential aspects of mandate
Limited scope mandate
No matter his opinion on the clients guilt or liability
May refuse the mandate
Must inform if client may be elligible to legal aid
Provide appropriate services
Representative of client
Honesty and candour

MC
1.1-1

6.1-1

2.1-1
7.3-1,
7.3-2
3.2-7

7.5-1
7.5-2

3.1-1,
3.1-2
3.2-1

3.2-2A,
3.2-2B
3.2-9
3.2-3

3.2-1A

3.2-2

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Provide explanation for understanding and evaluation of his professional

services
Must be reasonably available and diligent
Report to client
Admonish abusive proceedings, may refuse
Inform and advise about all available means of settling dispute including
ADR
Must encourage settlement & should consider ADR when approriate
Submit every settlement offer and advise
Fulfill all undertakings
Must notify client if he thinks client is doing something illegal
Must not threaten or advise client to threaten to initiate
proceedings/make complaint
Must not induce for withdrawal of criminal or regulatory proceedings
Must not elude his civil liability
Must notify client of anything that could prejudice the client
Lawyer may withdraw for serious reasons (+list of factors)
May not withdraw in certain situations of a criminal proceeding

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May withdraw if organization does not stop wrongful conduct

Must withdraw
Must not threaten to withdraw
Must notify before withdrawal
On discharge or withdrawal, lawyer must...
Must take necessary measure to spare the client serious and foreseeable
prejudice
Duty of successor lawyer
Respond to all requests for access to file
Access costs
Delay in response to request for access
Rectification
Must repond with diligence to any written request from a client regarding
file
Must provide reasons for refusal
Retain the document if refusal
DUTY OF CONFIDENTIALITY
All info concerning affairs & activities of clients in the course of
professional relationship
Must take reasonable steps to ensure every other person working with
protects confidentiality
Avoid conflict of interest of other lawyers
Must not use confidential info for personal or 3rd party gain
Must refuse mandate if it will entail communication of confidential info
May communicate confidential info when...
communicate to prevent violence only to certain persons
Details in the communication
Written note
Only necessary info
May consult Syndic du Barreau
CONFLICT OF INTEREST
Duty to avoid conflict

3.2-4
7.2-11
3.2-8
3.2-5
3.2-6
3.7-1 to
3.7-4
3.7-5,
3.7-6
3.2-8(c)
3.7-7
3.7-9
3.7-9
3.7-8
3.7-10

3.3-1

3.3-2
3.3-3
3.3-7

to

Must not act where there is a conflict of interest (exceptions)

Exception of consenting client
In the cae of short-term summary legal services
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Must not represent opposing parties in a dispute (NO exceptions)

Definition of conflict of interest
Duty to disclose when a lawyer notices or anticipates a conflict of
interest of a clients representative
Factors to consider
Measures taken when firm is in conflict of interest
Concurrent representation in a law firm
Lawyer as a witness
Potentially litigious property
Lawyer occupying public office
Must not engage in a matter where he or a colleague was a judge or if he
has been engaged as a member of a public organization
Conflict of interest with judge
Cases where must not act as trustee in bankruptcy or liquidator
Audit or review engagement
Must not act for clients in a joint mandate if there is a conflict of interest
Consent before acting in a joint mandate
Dispute in joint mandate
Joint mandate when one of the client is a regular
Joint mandate states that if a conflict occurs, one of the cleint will still be
represneted by the lawyer
Must not act against former client if confidential info

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A lawyer from same firm may act

Acting for borrower and lender

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Change of firm

90

May not carry business with a client except on terms and conditions that
are fair and reasonable
May not borrow money from client or people related to client (some
exceptions)
Must not lend money to clients unless...
Transactions involving borrowing money, sale of property or services
without nominal value, ownership, securities or other pecuniary intterest
in a company, investment, common business venture
Exceptions to 3.4-29

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Must not act as surety or provide security for client (some exceptions)

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Must not act as surety for criminal matters except for family reasons
Gifts & testaments
PRESERVATION OF MONIES AND OTHER PROPERTY

3.4-1
3.4-2
3.4-2A to
3.4-2D
3.4-3

3.4-1
[10]
3.4-4
5.2-1,
5.2-2

3.4-5,
3.4-7
3.4-8
3.4-6
3.4-9
3.4-10
(unless
consente
d)
3.4-11
3.4-12 to
3.14-16
3.4-17 to
3.4-23
3.4-28,
3.4-29
3.4-31,
3.4-32
3.4-33
3.4-29
3.4-30
3.4-34,
3.4-35
3.4-40
3.4-41
3.4-37 to
3.4-39
3.5

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Hold in trust
May not endorse cheque
Must not retain monies or other property
Must account promptly
Ensure compliance
FEES AND DISBURSEMENTS
Must make sure client has all info re financial terms
Must provide explanations for fees
In the case of joint retainers
Fair and reasonable fees and disbursements
Factors for determining fees
Contingent fees
Fees paid in advance
Must not appropriate funds held in trust
If review reduced the fees
Pre-paid legal services plan
Interest

3.6-3
(account
s)
3.6-3
3.6-4
3.6-1
3.6-1 [1]
3.6-2
3.6-9
3.6-10
3.6-11
3.6-12

Must ensure firm uses separate accounting for each lawyer

Fees divided between lawyers of different firms
Referral fees
Cannot receive as payment a share other than a non-material interest in
stock exchange
Payment in shares
Must not pay commission or rebate or wtv to a person that is not a
lawyer
May share fees only with lawyers

3.6-5
3.6-6

Exception of 3.6-7
Must inform client if fees will be paid by a 3rd party

3.6-8

3.4-36
3.6-7

If syndic makes a request regarding a mandate, cannot claim fees

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GENERAL DUTIES TO THE ADMINISTRATION OF JUSTICE

Lawyer is servant of justice and must support authority of the court.
Must not be detrimental to adminstration of justice. Must foster trust
between public and administration of justice

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Must encourage public respect for and try to improve administration of

justice
Lawyer seeking administrative change
Security of Court facilities
Must act for client resolutely and honourably, compliant to law, treating
all actors with candour, courtesy and respect. When prosecutor in crim,
must act in the public interest, admin of justice and fairness of judicial
process
Must cooperate with all participants of justice system. Requirement of
good faith

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3.5-6

4.1-2
(must
not use
means...)
5.6-1
5.6-2
5.6-3
5.1-1
5.1-3
7.2-1

Must make legal services available to the public

Advocate must not...
Disclosure of errors or omissions
Duty of courtesy/civility
Must fulfill all undertakings in the course of litigation
Agreement on guilty plea

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Role of mediators
DUTIES TO THE TRIBUNAL
Must attend court if his presence is required

4.1-1
5.1-2
5.1-4
7.8-1 to
7.8-5
5.1-5
5.1-6
5.1-7,
5.1-8
5.7-1

Must not encourage anyone to say anything he could not say himself in
court
Must not mislead or attempt to mislead the tribunal
Must not repress evidence

5.1-2A

Must not act in a manner that allows a person to avoid a tribunals order
DUTIES TO A PARTY OR THE PARTYS LAWYER
Must not mislead aparty or their lawyer, must not abuse their good faith

7.2-2

Must be courteous and civil

Must answer correspondance promptly
Must not communicate in an abusive, offensive manner
May not use recording device without consent
Must not communicate with represented person

7.2-1
7.2-5
7.2-4
7.2-3
7.2-6

Uninterested second opinion

Lawyer for an organization...
Dealing with unrepresented party
Inadvertent communications
Must not communicate with judge re case pending
DUTIES REGARDING WITNESSES
Must not permit to present in a false or misleading manner

7.2-7
7.2-8
7.2-9
7.2-10

5.4-2

May seek information from potential witnesses

Must not pay witness

5.4-1

Must not obstruct examination or cross-examination

DUTIES REGARDING JURY
Must not communicate with jury before trial

5.4-3

Must disclose to judge or adverse partys lawyer if conflict of interest of

jury
Must disclose misconduct of jury

5.5-2

Must not communicate with jury during trial

5.5-4

Must not discuss case after trial with jury about its deliberations

5.5-6

5.5-1

5.5-3

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DUTIES TO THE PROFESSION

Must contribute to preserving the honour, dignity and reputation of
profession and maintain publics confidence
Must contribute to the development of education and information for the
public
Assist the development of professions with exchange of knowledge
Must collaborate with other lawyers in the interests of clients and sound
administration of justice. Some illustrations.
Must prevent unauthorized practice of law
Lawer has complete professional responsability for his business and
must supervise delegation
Delegation to a non-lawyer prohibited in cases....
Suspended lawyers
Electronic registration of documents

2.1-2

7.6-1
6.1-1
6.1-3
6.1-4
6.1-5,
6.1-6
7.1-3

Must encourage client to report

Must answer all communications from the Barreau

7.1-4
7.1-1

Must meet all financial obligations in relation to practice

Must not communicate to the source of a complaint made against him

7.1-2

When practising in a partnership

Cannot refuse to sit on a Barreau committee without reasonable grounds
Incompatible offces with the profession of lawyer
Cannot act in a matter where he or a colleague acts as a bailiff
A lawyer who is also a police officer may only act as a lawyer in a police
force or to represent police officers
Lawyer who holds public office
Retired judge

Harassment and discrimination

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2.1-2

Must inform Barreau when he knows of any impediment to the admission

of a candidate to the profession of lawyer
Duty to report certain situations involving another lawyer

Students

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2.1-2

7.4-1
7.7-1
6.2-1
6.2-3
6.3-1
6.3-5

NAME OF FIRM, ADVERTISING AND USE OF SYMBOL OF BARREAU

Name of firm must be distinctive or nominative, must not be misleading,
deceptive or contrary to the honour, dignity or reputation of the
profession
Every document must be identified with name of lawyer
Adverstising of a lawyers services may not include a clients
endorsement
Advertising is true, not misleading, confusing or deceptive, and in the
best interest of the public
Marketing of specialty must be certified by Society

4.2-1
4.3-1

to
to

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May advertise fees under 2 conditions

Condictions to advertise lump-sum fees
Must abide by fees announced for 90 days, or lower
Must retain copy of any ad for 12 months
If firm where a lawyer works violates advertising rules, must take
necessary steps to end such violation
If use of Barreau symbol, must be conform to original
Only if all services are legal, or if not, other professioanl orderss logo
must be there
Must not suggest that the advertising emanates from the Barreau