B-1, r. 3 - Code of ethics of advocates

Section 3.02.01 Disposition versions

2012-09-01

3.02.01. The following acts, among others, are a breach of the obligation to act with integrity:

(a)  withholding facts or concealing the identity of witnesses who could establish the innocence of an accused;

(b)  preventing a prisoner or an accused from being represented by an advocate or communicating with the latter;

(c)  leading or attempting to lead the court into error or, by illegal means, creating doubt in favour of the client;

(d)  encouraging the client or a witness to do or say anything which he could not do or say himself in respect of the courts, officers of the courts, jurors, parties, advocates or other witnesses;

(e)  suppressing evidence which he or the client is legally obliged to preserve, reveal or produce;

(f)  directly or indirectly acting in such a manner that a person may illegally conceal himself or avoid an order to appear in court, or advising, helping or inducing him to do so;

(g)  directly or indirectly paying or offering to pay to a witness compensation which is conditional upon the content of his testimony or to the conclusion of the dispute;

(h)  communicating in a matter with a person whom he knows to be represented by an advocate except in the latter’s presence or with his consent or unless he is authorized to do so by law;

(i)  acting in such a manner as to lead into error the opposite party who is not represented by an advocate, or abusing his good faith;

(j)  directly or indirectly unduly retaining, stealing, concealing falsifying, mutilating or destroying an exhibit from a court record;

(k)  appearing or pleading before a judge, magistrate or any person exercising judicial or quasi-judicial functions who has an interest in the partnership or joint-stock company in which he engages in his professional activities or is employed by that partnership or joint-stock company or with whom he is related or allied within the meaning of paragraph 9 of article 234 of the Code of Civil Procedure (chapter C-25);

(l)  refusing to reimburse, when the contract for professional services entered into with the client has terminated, any portion of advance fees for work which was not carried out.

R.R.Q., 1981, c. B-1, r. 1, s. 3.02.01; O.C. 351-2004, s. 20.