Review of the Office of the Syndic’s decision

When you file an application for an investigation with the Office of the Syndic regarding a lawyer’s conduct but, following its investigation, the Office of the Syndic decides not to file a disciplinary complaint with the Disciplinary Council, you can ask the Review Committee to review the decision.

Review Committee

The role of the Review Committee is to ensure the quality of the investigation carried out by the Office of the Syndic and the merits of its decision. The Committee does not hold hearings and will not meet with you. Review applications are examined by three people: two lawyers and one representative of the public named by the Office des professions. The Review Committee receives a copy of the Syndic’s file to conduct its review and has 90 days within which to render its decision. However, this deadline is not mandatory and a review could take more time.

Following its review, the Committee will issue one of the following opinions:

• It will conclude that there are no grounds for filing a complaint with the Disciplinary Council.
  This means that the Committee has accepted the Office of the Syndic’s decision and has confirmed the reasons for not filing a complaint.
• It will suggest to the Office of the Syndic that it complete its investigation.
  The Committee may consider that further investigation is necessary. The Office of the Syndic will then complete its investigation and render a new decision.
• It will suggest to the Office of the Syndic that the file be sent to the Professional Inspection Committee.
  When the Syndic sends a file to the Professional Inspection Department, a person from the Department meets with the lawyer under investigation to help him or her try to remedy a situation or practice that could potentially result in misconduct.
• It concludes that there are grounds for filing a complaint with the Disciplinary Council.
  The Committee suggests that a person referred to as an ad hoc syndic be appointed to investigate again and decide whether or not to file a complaint. The ad hoc syndic is appointed by the Board of Directors of the Barreau du Québec.