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.
Filing a complaint with the Office of the Syndic
If you wish to file a complaint, you must contact the Office of the Syndic (also referred to as the Syndic) to request a professional conduct inquiry. The Office of the Syndic conducts independent inquiries into members of the Barreau and, where appropriate, may file a disciplinary complaint with the Disciplinary Council.
A client’s dissatisfaction with the results obtained by a lawyer does not, in itself, constitute professional misconduct is not in itself ethical misconduct.
There are several reasons why the Syndic may decide not to file a disciplinary complaint with the Disciplinary Council. For example, the inquiry may reveal that there is no violation of the Code of Professional Conduct of Lawyers, or there may be insufficient evidence to substantiate the alleged misconduct.
What the Office of the Syndic does when it receives a complaint
The Office of the Syndic first determines whether your complaint is well-founded. In other words, it examines whether the situation is based on real and verifiable facts.
The Office of the Syndic carefully reviews every complaint and determines whether or not an inquiry should be opened to determine whether the member of the Barreau concerned has committed professional misconduct.
As part of its inquiry, the Office of the Syndic may obtain the lawyer’s version of the facts, meet with witnesses, request documents from third parties and contact you for clarification.
Inquiry files are confidential. However, for the purposes of the inquiry, any information received may be disclosed to the lawyer concerned.If there is sufficient evidence, the Office of the Syndic will file a disciplinary complaint with the Disciplinary Council. Where appropriate, it may direct you to another process available through the Barreau du Québec if you are seeking to recover money owed to you.
The Syndic decides to open an inquiry only if the facts reported suggest a breach of the applicable codes, laws or regulations. If your request does not reveal a breach, no inquiry will be initiated, and you will be notified in writing. After careful consideration, the person responsible for your case may suggest alternatives to an inquiry to resolve the dispute with the lawyer concerned.
This process is free of charge. There is also no prescription period: you may file your complaint immediately or whenever you deem appropriate. However, as a precaution, it is advisable to file your complaint promptly to protect your rights and preserve the evidence.
A complaint with the Office of the Syndic will not allow you to obtain:
financial compensation;
the services of a new lawyer;
a reduction in the legal fees charged; or
a suspension of deadlines in your case.
If you are seeking financial compensation for damages resulting from an error made by your lawyer, you must contact the Fonds d’assurance responsabilité professionnelle du Barreau du Québec, which can sometimes help resolve such claims without the need to institute legal proceedings.
Terminology clarifications
When you submit a complaint to the Office of the Syndic of the Barreau du Québec, outlining your concerns or suspicions about a lawyer, you are filing what is referred to, under Quebec’s professional system, as a request for an inquiry. Your case will be assigned to an assistant syndic, who, after completing their inquiry, will decide whether or not a disciplinary complaint should be filed against the lawyer with the Disciplinary Council.
Steps to file a complaint with the Office of the Syndic
-
Provide relevant information
To file a complaint with the Office of the Syndic, you must provide the following information in writing:
the grounds (reasons) for your complaint;
the name and contact information of the lawyer concerned;
the date on which the alleged facts occurred;
your name and contact information (mailing address, telephone number and email address).
You must attach a copy of any relevant documents in your possession to your request. -
Submit your complaint
You must submit your complaint to the Office of the Syndic using one of the following methods:
Email: syndic@barreau.qc.ca
Fax: 514 954-3478
Mail:
Office of the Syndic
Barreau du Québec
445, boul. Saint-Laurent, 5e étage
Montréal (Québec) H2Y 3T8 -
Obtain your case number
Once the Office of the Syndic receives your application, it will send you an acknowledgement of receipt indicating your case number. You must use this number in all future correspondence. If you do not receive an acknowledgement within 10 working days, contact the Office of the Syndic using one of the methods set out above.
Decision of the Office of the Syndic
The Office of the Syndic will inform you of its decision whether or not to file a disciplinary complaint with the Disciplinary Council within a time limit that may vary depending on the complexity of the case and the number of ongoing inquiries. If the Office of the Syndic decides not to file a disciplinary complaint with the Disciplinary Council, it will provide you with written reasons for its decision.
Possible outcomes of an inquiry
If the inquiry shows that the lawyer did not breach their obligations, no action will be taken.
If the lawyer failed to meet their obligations, the Office of the Syndic may:
intervene to improve their practice;
report the matter to professional inspection;
file a disciplinary complaint with the Disciplinary Council.
The complaint and the inquiry as well as the findings of the inquiry remain confidential. Only the complainants and the lawyers concerned receive a letter from the Office of the Syndic informing them that no disciplinary complaint will be filed and explaining the reasons for this decision.
If a disciplinary complaint is filed with the Disciplinary Council, it is entered on the hearing roll on the Barreau’s website. The wording of the detailed disciplinary complaint is made public after the first day of the hearing.
Review of the Office of the Syndic’s decision
If you would like to obtain a 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
Learn more about the Compensation Fund
File a complaint for illegal practice
What is the Disciplinary Council?
The Disciplinary Council is an administrative tribunal independent of the Barreau that hears complaints filed by the Office of the Syndic as well as private complaints against lawyers suspected of having breached the Professional Code, the Code of Professional Conduct of Lawyers or the Act respecting the Barreau du Québec and the regulations thereunder.
If the member of the Barreau is found guilty, the Disciplinary Council may impose penalties ranging from a reprimand to striking off the roll, including fines and restrictions on their right to 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.