How to file a complaint against a lawyer
Although the vast majority of lawyers offer high-quality services, a lawyer may act incompetently when representing you or contravene a law or professional rule. Do you have good reason to believe that a lawyer committed professional misconduct? If so, you have two options: you can file an investigation with the Office of the Syndic or file a private complaint directly with the Disciplinary Council.
Before you do anything, if it is your lawyer, we suggest you begin by asking him or her for an explanation. If you find it unsatisfactory or are unable to reach your lawyer, you can report the lawyer’s conduct to the Barreau du Québec.
Clarification of terminology
By submitting a complaint to the Syndic about a member of the Barreau, you are applying for an investigation. The assistant syndic in charge of your case file will, following his or her investigation, decide whether to file a complaint against the member of the Barreau with the Disciplinary Council.
Note
If you are seeking financial compensation for damages caused by an error made by your lawyer, you must apply to the Professional Liability Insurance Fund of the Barreau du Québec, which can sometimes settle this type of case without you having to initiate legal proceedings.
Asking the Office of the Syndic to conduct an investigation
You can apply to the Office of the Syndic to ask that an ethics investigation be held. The Office of the Syndic is a department of the Barreau that conducts independent investigations into members of the Order and, if appropriate, can file a formal complaint with the Disciplinary Council.
Note
This process does not involve any cost on your part.
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Filing an application for an investigation with the Office of the Syndic
To file an application for an investigation with the Office of the Syndic, you must provide the following information in writing:
- the reasons why you are applying for an investigation
- the name and contact information of the lawyer or lawyers in question
- the date the alleged misconduct occurred
- your name and contact information (mailing address, telephone number and e-mail address)
You must attach to your application a copy of any relevant documents you may have.
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Sending your application for an investigation
You must send your application to the Office of the Syndic by one of the following means:
E-mail: syndic@barreau.qc.ca
Fax: 514 954-3478
Regular mail:
Office of the Syndic
445 Saint-Laurent Blvd.
5th Floor
Montreal, Quebec H2Y 3T8 -
Obtaining a file number
When the Office of the Syndic receives your application, it will send you an acknowledgement of receipt indicating your file number. You must use that number in all correspondence about the case. If you do not receive it within ten business days, get in touch with us using the contact information given above.
What happens next?
When it receives an application for an investigation, the Office of the Syndic opens an investigation file to determine whether professional misconduct has been committed by the lawyer in question.
For the purposes of the investigation, any information received could be submitted to the lawyer involved.
If it considers the proof sufficient, it then files a disciplinary complaint with the Disciplinary Council. It is the Office of the Syndic that makes representations before the Disciplinary Council and must show that the lawyer committed professional misconduct.
Office of the Syndic’s decision
You will be informed of the Office of the Syndic’s decision whether or not to file a complaint before the Disciplinary Council within a timeframe that will vary depending on the complexity of the file and the number of ongoing investigations. If the Office of the Syndic decides not to file a complaint, it will provide you with written reasons for its decision.
Review of Office of the Syndic’s decision
If you want to apply for the review of the Office of the Syndic’s decision, you must apply to the Review Committee.
Private complaints
You can also choose to file a complaint against a lawyer directly with the Disciplinary Council without going through the Office of the Syndic. If you do so, the steps to be followed are different and it will be up to you to prove that the lawyer committed the alleged misconduct. It will therefore be your responsibility to make sure you are in a position to prove what you are alleging. Following this presentation, the Disciplinary Council will render a decision.
To file a private complaint, you must send your application in writing to the Secretary of the Disciplinary Council of the Barreau du Québec.
A document entitled Lodging a Private Complaint before the Disciplinary Council is available upon request. To request a copy, contact the Barreau du Québec’s disciplinary office.
Your complaint must contain the following:
- a sworn declaration supporting your allegations;
- the place and date of the lawyer’s misconduct and an explanation of how the alleged misconduct occurred.
