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.
Resources
Questions regarding complaints? Reach out
Disciplinary Council and schedule of hearings
Compensation Fund
File a complaint for illegal practice
Private complaints
You may also choose to file a complaint against a lawyer directly with the Disciplinary Council, without going through the Office of the Syndic. In that case, the process is different because you are responsible for showing that the lawyer committed the acts you are alleging. It is your responsibility to prove your allegations. After hearing your case, the Disciplinary Council renders its decision.
To file a private complaint, you must submit a written application to the Secretary of the Disciplinary Council of the Barreau du Québec. For full details on how to file a private complaint, see the guide entitled Filing a Private Complaint Against a Lawyer Before the Disciplinary Council – Step-by-Step Guide (The English version will be available shortly).
Please note that staff members of the Barreau du Québec are not authorized to provide legal advice during the private complaint process.
Think it through carefully
Have you changed your mind and want to withdraw your private complaint? Please note that once a private complaint process has been initiated, it can be cancelled only by filing an application to withdraw the complaint with the Disciplinary Council. The Council must hear the parties at a hearing before it renders its decision on whether to grant or dismiss the application to withdraw the complaint.
Key differences between a complaint filed by the Syndic and a private complaint
| Complaint filed by the Syndic | Private complaint |
|---|---|
| The Syndic conducts an inquiry and drafts the complaint, if necessary. | You must draft and file the complaint yourself. |
| The Syndic is responsible for the proceeding. | You are responsible for the proceeding. |
| The Syndic proves the violations. | You must prove the violations yourself. |
| Assistant syndics have legal training and the required expertise. | You cannot rely on the assistance of lawyers employed by the Barreau du Québec. |
| The Syndic has full investigative powers and can compel a lawyer or even a third party to provide information and documents. | Your ability to obtain evidence is limited. You may compel the other party to submit documents, but only after you file your complaint. Because your investigative powers are limited, the evidence you can submit will be limited to what you obtained through your professional relationship. |
| If the complaint is filed by the Syndic, you are not required to pay any costs related to the handling of your complaint, regardless of the outcome. | You may be ordered to pay the costs related to the handling of your complaint if the respondent is acquitted or the complaint dismissed. |
You may have to pay costs
If you choose to file a complaint directly with the Disciplinary Council, at the end of the process, the Council may require you to pay all or part of the costs related to the handling of your complaint if the final decision is to acquit the respondent lawyer, in whole or in part. You do not run this risk if you opt instead to file a request for an inquiry with the office of the Syndic.
Beware of abusive complaints
The Disciplinary Council may also declare your complaint to be clearly unfounded, frivolous or excessive. That is the case if a complaint is unsupported by any evidence or has no factual basis and instead relies on suspicions, or if it results from excessive or unreasonable use of the disciplinary process or from the use of this process for purposes other than to protect the public. The Disciplinary Council decides if a complaint is excessive after hearing both parties. If it finds that the complaint is excessive, you may be ordered to pay all costs related to the complaint. Note that most private complaints are found by the Disciplinary Council to be clearly unfounded, frivolous or excessive.