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

Section 4.02.01 Disposition versions

2012-09-01

4.02.01. In addition to the derogatory acts referred to in sections 57, 58, 59.1 and those determined pursuant to the second paragraph of section 152 of the Professional Code (chapter C-26), the following are derogatory to the dignity of the profession of advocate:

(a)  introducing a judicial demand, assuming a defence, delaying a trial or taking any other such measure on the client’s behalf when he knows or when it is evident that such action is only intended to harm another person or to adopt an attitude contrary to the requirements of good faith;

(b)  in contested matters, communicating, in respect of that matter, with the judge or any person holding a judicial or quasi-judicial office before whom such matter is pending, except:

i.  in writing, if he promptly delivers a copy to the opposite party who has appeared or to his attorney;

ii.  orally, after having given reasonable notice to the opposite party who has appeared or to his attorney;

(c)  knowingly benefit from perjury or false evidence;

(d)  making or helping the client make a statement of law or of fact knowing it to be false;

(e)  participating in the fabrication or preserving of evidence he knows to be false or which is manifestly false;

(f)  concealing or knowingly omitting to reveal what the law obliges him to reveal or helping the client conceal or omit to reveal what the law obliges the client to reveal;

(g)  helping the client to perform an act which he knows to be illegal or fraudulent or providing advice or encouragement inducing the client to perform such an act;

(h)  not informing the client when he becomes aware of an impediment to the continuation of his professional services and, in the case of a dispute, also failing to inform the opposite party;

(i)  pressing or repeated inducement of a person to retain his own professional services;

(j)  leaving the client before his case is tried without giving him time to find a new advocate, or threatening to do so by imposing unfair conditions upon him;

(k)  requiring from a client advances out of proportion to the nature, importance, circumstances of the case and situation of the parties;

(l)  seeking out persons who could make legal claims for the purpose of representing them;

(m)  employing or paying agents or runners to induce persons to retain his professional services;

(n)  (paragraph revoked);

(o)  (paragraph revoked);

(p)  (paragraph revoked);

(q)  refusing or failing without cause to appear at the office of a syndic of the Barreau, at his request;

(r)  communicating with the plaintiff without the prior written permission of a syndic when he is informed of an inquiry into his professional conduct or competence or when he has been served with a complaint against him;

(s)  charging the client for interviews, communications or correspondence with a syndic or other representative of the Barreau when the latter asks the advocate for explanations or information respecting the contract for professional services entered into with the client;

(t)  (paragraph revoked);

(u)  practising his profession with other persons in a partnership or joint-stock company when he knows that one of the conditions, terms or restrictions pursuant to which he is authorized to so practise his profession has not been respected;

(v)  (paragraph revoked).

(w)  claiming fees for unperformed or falsely described professional services;

(x)  claiming from a client extrajudicial fees for a professional service or a part of a professional service the cost of which is assumed by a third party, except where he has concluded with the client an agreement not prohibited by law;

(y)  sexually harassing any person in the course of the practice of his profession;

(z)  intimidating, taking reprisals or threatening to take reprisals against any person who:

i.  has reported derogatory behaviour or conduct or intends to do so;

ii.  has taken part or cooperated in an inquiry into derogatory behaviour or conduct or intends to do so.

R.R.Q., 1981, c. B-1, r. 1, s. 4.02.01; O.C. 1380-91, s. 3; O.C. 358-97, s. 3; O.C. 351-2004, s. 65.