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B-1 - Act respecting the Barreau du Québec
Section 136
Disposition versions
136. Any person other than a member of the Bar shall be presumed to be acting in such a manner as to lead to the belief that he is authorized to fulfil the office of an advocate and to act as such, within the meaning of section 133, who:
(a) assumes orally or otherwise the title of advocate, solicitor, legal adviser, member of the Bar, attorney or any similar title or in any manner or by any means styles himself as such; or
(b) uses the prefix «Me» or «Mtre» before his name, unless he is a member of the Ordre des notaires du Québec; or
(c) saving the case of a creditor addressing his debtor, writes or sends any card, letter or circular
(1) imputing extra-contractual liability, or
(2) requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, either with costs or implying that legal proceedings will be taken. This provision shall not apply to a notary, provided that the demand or notice of default proceeds from an authentic deed and is made or given without costs against the debtor; or
(d) in his own name or that of an advocate, with or without the consent of the latter, causes to be written or sent by another person any card, letter or circular of the same kind and for the same purposes as those mentioned in paragraph c; or
(e) publishes, advertises or proclaims, by means of pamphlets, booklets or circulars, or by the newspapers or other publications or by the oral statements of canvassers or by any other means,
(1) that he undertakes to institute or cause to be instituted legal proceedings against debtors, or
(2) that he obtains or causes to be obtained judgments against debtors, or
(3) that he executes or causes to be executed judgments against debtors, or
(4) that he transacts or causes to be transacted any other legal business; or
(f) agrees with any other person to place his advocate at the disposal of such person, in consideration of a payment or periodic monetary subscription; or
(g) solicits or obtains, directly or indirectly, from the victim of a fault or from his representatives, authorization to recover or settle on his or their account any claim resulting from such fault or, in fact, acts as intermediary for the negotiation, settlement or recovery of such claim, the whole subject to the provisions of the Act respecting the distribution of financial products and services (chapter D-9.2) applicable to insurance agents and brokers in damage insurance or insurance of persons or to claims adjusters; or
(h) acting as an officer of the federal or provincial government or of a municipality, a school service centre or a school board, exercises the functions of an advocate before any court; or
(i) offers, through advertisements, printed matter, circulars or any other means of publicity, to settle the financial difficulties of a debtor with his creditors, for or without remuneration, or intervenes as intermediary between a debtor and his creditors for such purpose; or
(j) for any commission or remuneration, undertakes the collection of accounts or the recovery of claims and assumes total or partial responsibility for judicial costs; or
(k) sells, distributes or uses or causes to be sold, distributed or used booklets of printed letters to be addressed by a creditor to his debtors, in the name and over the signature of a third person and containing a putting in default to pay or any other notification; or
(l) sells, distributes or uses or causes to be sold, distributed or used, forms printed in advance for use by creditors and bearing the attestation of a commissioner for oaths or being of a nature to create in any other way the impression that they are judicial documents. The commissioner for oaths who allows his name, signature or official seal to be affixed to such document shall be liable to the penalties provided in section 132. The condemnation of a commissioner for oaths to any such penalty shall automatically entail the revocation of his commission.
136. Any person other than a member of the Bar shall be presumed to be acting in such a manner as to lead to the belief that he is authorized to fulfil the office of an advocate and to act as such, within the meaning of section 133, who:
(a) assumes orally or otherwise the title of advocate, solicitor, legal adviser, member of the Bar, attorney or any similar title or in any manner or by any means styles himself as such; or
(b) uses the prefix «Me» or «Mtre» before his name, unless he is a member of the Ordre des notaires du Québec; or
(c) saving the case of a creditor addressing his debtor, writes or sends any card, letter or circular
(1) imputing extra-contractual liability, or
(2) requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, either with costs or implying that legal proceedings will be taken. This provision shall not apply to a notary, provided that the demand or notice of default proceeds from an authentic deed and is made or given without costs against the debtor; or
(d) in his own name or that of an advocate, with or without the consent of the latter, causes to be written or sent by another person any card, letter or circular of the same kind and for the same purposes as those mentioned in paragraph c; or
(e) publishes, advertises or proclaims, by means of pamphlets, booklets or circulars, or by the newspapers or other publications or by the oral statements of canvassers or by any other means,
(1) that he undertakes to institute or cause to be instituted legal proceedings against debtors, or
(2) that he obtains or causes to be obtained judgments against debtors, or
(3) that he executes or causes to be executed judgments against debtors, or
(4) that he transacts or causes to be transacted any other legal business; or
(f) agrees with any other person to place his advocate at the disposal of such person, in consideration of a payment or periodic monetary subscription; or
(g) solicits or obtains, directly or indirectly, from the victim of a fault or from his representatives, authorization to recover or settle on his or their account any claim resulting from such fault or, in fact, acts as intermediary for the negotiation, settlement or recovery of such claim, the whole subject to the provisions of the Act respecting the distribution of financial products and services (chapter D-9.2) applicable to insurance agents and brokers in damage insurance or insurance of persons or to claims adjusters; or
(h) acting as an officer of the federal or provincial government or of a municipality or a school board, exercises the functions of an advocate before any court; or
(i) offers, through advertisements, printed matter, circulars or any other means of publicity, to settle the financial difficulties of a debtor with his creditors, for or without remuneration, or intervenes as intermediary between a debtor and his creditors for such purpose; or
(j) for any commission or remuneration, undertakes the collection of accounts or the recovery of claims and assumes total or partial responsibility for judicial costs; or
(k) sells, distributes or uses or causes to be sold, distributed or used booklets of printed letters to be addressed by a creditor to his debtors, in the name and over the signature of a third person and containing a putting in default to pay or any other notification; or
(l) sells, distributes or uses or causes to be sold, distributed or used, forms printed in advance for use by creditors and bearing the attestation of a commissioner for oaths or being of a nature to create in any other way the impression that they are judicial documents. The commissioner for oaths who allows his name, signature or official seal to be affixed to such document shall be liable to the penalties provided in section 132. The condemnation of a commissioner for oaths to any such penalty shall automatically entail the revocation of his commission.
136. Any person other than a member of the Bar shall be presumed to be acting in such a manner as to lead to the belief that he is authorized to fulfil the office of an advocate and to act as such, within the meaning of section 133, who:
(a) assumes orally or otherwise the title of advocate, solicitor, legal adviser, member of the Bar, attorney or any similar title or in any manner or by any means advertises himself as such; or
(b) causes the prefix “Me” or “Mtre” to be placed before his name, unless he is a member of the Ordre des notaires du Québec; or
(c) saving the case of a creditor addressing his debtor, writes or sends any card, letter or circular
(1) imputing extra-contractual liability, or
(2) requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, either with costs or implying that legal proceedings will be taken. This provision shall not apply to a notary, provided that the demand or notice of default proceeds from an authentic deed and is made or given without costs against the debtor; or
(d) in his own name or that of an advocate, with or without the consent of the latter, causes to be written or sent by another person any card, letter or circular of the same kind and for the same purposes as those mentioned in paragraph c; or
(e) publishes, advertises or proclaims, by means of pamphlets, booklets or circulars, or by the newspapers or other publications or by the oral statements of canvassers or by any other means,
(1) that he undertakes to institute or cause to be instituted legal proceedings against debtors, or
(2) that he obtains or causes to be obtained judgments against debtors, or
(3) that he executes or causes to be executed judgments against debtors, or
(4) that he transacts or causes to be transacted any other legal business; or
(f) agrees with any other person to place his advocate at the disposal of such person, in consideration of a payment or periodic monetary subscription; or
(g) solicits or obtains, directly or indirectly, from the victim of a fault or from his representatives, authorization to recover or settle on his or their account any claim resulting from such fault or, in fact, acts as intermediary for the negotiation, settlement or recovery of such claim, the whole subject to the provisions of the Act respecting the distribution of financial products and services (chapter D-9.2) applicable to insurance agents and brokers in damage insurance or insurance of persons or to claims adjusters; or
(h) acting as an officer of the federal or provincial government or of a municipality or a school board, exercises the functions of an advocate before any court; or
(i) offers, through advertisements, printed matter, circulars or any other means of publicity, to settle the financial difficulties of a debtor with his creditors, for or without remuneration, or intervenes as intermediary between a debtor and his creditors for such purpose; or
(j) for any commission or remuneration, undertakes the collection of accounts or the recovery of claims and assumes total or partial responsibility for judicial costs; or
(k) sells, distributes or uses or causes to be sold, distributed or used booklets of printed letters to be addressed by a creditor to his debtors, in the name and over the signature of a third person and containing a putting in default to pay or any other notification; or
(l) sells, distributes or uses or causes to be sold, distributed or used, forms printed in advance for use by creditors and bearing the attestation of a commissioner for oaths or being of a nature to create in any other way the impression that they are judicial documents. The commissioner for oaths who allows his name, signature or official seal to be affixed to such document shall be liable to the penalties provided in section 132. The condemnation of a commissioner for oaths to any such penalty shall automatically entail the revocation of his commission.
136. Any person other than a member of the Bar shall be deemed to be acting in such a manner as to lead to the belief that he is authorized to fulfil the office of an advocate and to act as such, within the meaning of section 133, who:
(a) assumes orally or otherwise the title of advocate, solicitor, legal adviser, member of the Bar, attorney or any similar title or in any manner or by any means advertises himself as such; or
(b) causes the prefix “Me” or “Mtre” to be placed before his name, unless he is a member of the Ordre des notaires du Québec; or
(c) saving the case of a creditor addressing his debtor, writes or sends any card, letter or circular
(1) imputing responsibility in respect of an offence or quasi-offence, or
(2) requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, either with costs or implying that legal proceedings will be taken. This provision shall not apply to a notary, provided that the demand or notice of default proceeds from an authentic deed and is made or given without costs against the debtor; or
(d) in his own name or that of an advocate, with or without the consent of the latter, causes to be written or sent by another person any card, letter or circular of the same kind and for the same purposes as those mentioned in paragraph c; or
(e) publishes, advertises or proclaims, by means of pamphlets, booklets or circulars, or by the newspapers or other publications or by the oral statements of canvassers or by any other means,
(1) that he undertakes to institute or cause to be instituted legal proceedings against debtors, or
(2) that he obtains or causes to be obtained judgments against debtors, or
(3) that he executes or causes to be executed judgments against debtors, or
(4) that he transacts or causes to be transacted any other legal business; or
(f) agrees with any other person to place his advocate at the disposal of such person, in consideration of a payment or periodic monetary subscription; or
(g) solicits or obtains, directly or indirectly, from the victim of an offence or quasi-offence or from his representatives, authorization to recover or settle on his or their account any claim resulting from such offence or quasi-offence or, in fact, acts as intermediary for the negotiation, settlement or recovery of such claim, the whole subject to the provisions of the Act respecting the distribution of financial products and services (chapter D-9.2) applicable to insurance representatives or to claims adjusters; or
(h) acting as an officer of the federal or provincial government or of a municipality or a school board, exercises the functions of an advocate before any court; or
(i) offers, through advertisements, printed matter, circulars or any other means of publicity, to settle the financial difficulties of a debtor with his creditors, for or without remuneration, or intervenes as intermediary between a debtor and his creditors for such purpose; or
(j) for any commission or remuneration, undertakes the collection of accounts or the recovery of claims and assumes total or partial responsibility for judicial costs; or
(k) sells, distributes or uses or causes to be sold, distributed or used booklets of printed letters to be addressed by a creditor to his debtors, in the name and over the signature of a third person and containing a putting in default to pay or any other notification; or
(l) sells, distributes or uses or causes to be sold, distributed or used, forms printed in advance for use by creditors and bearing the attestation of a commissioner for oaths or being of a nature to create in any other way the impression that they are judicial documents. The commissioner for oaths who allows his name, signature or official seal to be affixed to such document shall be liable to the penalties provided in section 132. The condemnation of a commissioner for oaths to any such penalty shall automatically entail the revocation of his commission.
136. Any person other than a member of the Bar shall be deemed to be acting in such a manner as to lead to the belief that he is authorized to fulfil the office of an advocate and to act as such, within the meaning of section 133, who:
(a) assumes orally or otherwise the title of advocate, solicitor, legal adviser, member of the Bar, attorney or any similar title or in any manner or by any means advertises himself as such; or
(b) causes the prefix “Me” or “Mtre” to be placed before his name, unless he is a member of the Ordre des notaires du Québec; or
(c) saving the case of a creditor addressing his debtor, writes or sends any card, letter or circular
(1) imputing responsibility in respect of an offence or quasi-offence, or
(2) requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, either with costs or implying that legal proceedings will be taken. This provision shall not apply to a notary, provided that the demand or notice of default proceeds from an authentic deed and is made or given without costs against the debtor; or
(d) in his own name or that of an advocate, with or without the consent of the latter, causes to be written or sent by another person any card, letter or circular of the same kind and for the same purposes as those mentioned in paragraph c; or
(e) publishes, advertises or proclaims, by means of pamphlets, booklets or circulars, or by the newspapers or other publications or by the oral statements of canvassers or by any other means,
(1) that he undertakes to institute or cause to be instituted legal proceedings against debtors, or
(2) that he obtains or causes to be obtained judgments against debtors, or
(3) that he executes or causes to be executed judgments against debtors, or
(4) that he transacts or causes to be transacted any other legal business; or
(f) agrees with any other person to place his advocate at the disposal of such person, in consideration of a payment or periodic monetary subscription; or
(g) solicits or obtains, directly or indirectly, from the victim of an offence or quasi-offence or from his representatives, authorization to recover or settle on his or their account any claim resulting from such offence or quasi-offence or, in fact, acts as intermediary for the negotiation, settlement or recovery of such claim, the whole subject to the provisions of the Act respecting market intermediaries (chapter I-15.1) applicable to insurance agents and brokers in damage insurance or insurance of persons or to claims adjusters; or
(h) acting as an officer of the federal or provincial government or of a municipality or a school board, exercises the functions of an advocate before any court; or
(i) offers, through advertisements, printed matter, circulars or any other means of publicity, to settle the financial difficulties of a debtor with his creditors, for or without remuneration, or intervenes as intermediary between a debtor and his creditors for such purpose; or
(j) for any commission or remuneration, undertakes the collection of accounts or the recovery of claims and assumes total or partial responsibility for judicial costs; or
(k) sells, distributes or uses or causes to be sold, distributed or used booklets of printed letters to be addressed by a creditor to his debtors, in the name and over the signature of a third person and containing a putting in default to pay or any other notification; or
(l) sells, distributes or uses or causes to be sold, distributed or used, forms printed in advance for use by creditors and bearing the attestation of a commissioner for oaths or being of a nature to create in any other way the impression that they are judicial documents. The commissioner for oaths who allows his name, signature or official seal to be affixed to such document shall be liable to the penalties provided in section 132. The condemnation of a commissioner for oaths to any such penalty shall automatically entail the revocation of his commission.
136. Any person other than a member of the Bar shall be deemed to be acting in such a manner as to lead to the belief that he is authorized to fulfil the office of an advocate and to act as such, within the meaning of section 133, who:
(a) assumes orally or otherwise the title of advocate, solicitor, legal adviser, member of the Bar, attorney or any similar title or in any manner or by any means advertises himself as such; or
(b) causes the prefix “Me” or “Mtre” to be placed before his name, unless he is a member of the Ordre des notaires du Québec; or
(c) saving the case of a creditor addressing his debtor, writes or sends any card, letter or circular
(1) imputing responsibility in respect of an offence or quasi-offence, or
(2) requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, either with costs or implying that legal proceedings will be taken. This provision shall not apply to a notary, provided that the demand or notice of default proceeds from an authentic deed and is made or given without costs against the debtor; or
(d) in his own name or that of an advocate, with or without the consent of the latter, causes to be written or sent by another person any card, letter or circular of the same kind and for the same purposes as those mentioned in paragraph c; or
(e) publishes, advertises or proclaims, by means of pamphlets, booklets or circulars, or by the newspapers or other publications or by the oral statements of canvassers or by any other means,
(1) that he undertakes to institute or cause to be instituted legal proceedings against debtors, or
(2) that he obtains or causes to be obtained judgments against debtors, or
(3) that he executes or causes to be executed judgments against debtors, or
(4) that he transacts or causes to be transacted any other legal business; or
(f) agrees with any other person to place his advocate at the disposal of such person, in consideration of a payment or periodic monetary subscription; or
(g) solicits or obtains, directly or indirectly, from the victim of an offence or quasi-offence or from his representatives, authorization to recover or settle on his or their account any claim resulting from such offence or quasi-offence or, in fact, acts as intermediary for the negotiation, settlement or recovery of such claim, the whole subject to the provisions of the Act respecting market intermediaries (chapter I-15.1) applicable to insurance agents and brokers in damage insurance or insurance of persons or to claims adjusters; or
(h) acting as an officer of the federal or provincial government or of a municipal corporation or a school board, exercises the functions of an advocate before any court; or
(i) offers, through advertisements, printed matter, circulars or any other means of publicity, to settle the financial difficulties of a debtor with his creditors, for or without remuneration, or intervenes as intermediary between a debtor and his creditors for such purpose; or
(j) for any commission or remuneration, undertakes the collection of accounts or the recovery of claims and assumes total or partial responsibility for judicial costs; or
(k) sells, distributes or uses or causes to be sold, distributed or used booklets of printed letters to be addressed by a creditor to his debtors, in the name and over the signature of a third person and containing a putting in default to pay or any other notification; or
(l) sells, distributes or uses or causes to be sold, distributed or used, forms printed in advance for use by creditors and bearing the attestation of a commissioner for oaths or being of a nature to create in any other way the impression that they are judicial documents. The commissioner for oaths who allows his name, signature or official seal to be affixed to such document shall be liable to the penalties provided in section 132. The condemnation of a commissioner for oaths to any such penalty shall automatically entail the revocation of his commission.
136. Any person other than a member of the Bar shall be deemed to be acting in such a manner as to lead to the belief that he is authorized to fulfil the office of an advocate and to act as such, within the meaning of section 133, who:
(a) assumes orally or otherwise the title of advocate, solicitor, legal adviser, member of the Bar, attorney or any similar title or in any manner or by any means advertises himself as such; or
(b) causes the prefix “Me” or “Mtre” to be placed before his name, unless he is a member of the Ordre des notaires du Québec; or
(c) saving the case of a creditor addressing his debtor, writes or sends any card, letter or circular
(1) imputing responsibility in respect of an offence or quasi-offence, or
(2) requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, either with costs or implying that legal proceedings will be taken. This provision shall not apply to a notary, provided that the demand or notice of default proceeds from an authentic deed and is made or given without costs against the debtor; or
(d) in his own name or that of an advocate, with or without the consent of the latter, causes to be written or sent by another person any card, letter or circular of the same kind and for the same purposes as those mentioned in paragraph c; or
(e) publishes, advertises or proclaims, by means of pamphlets, booklets or circulars, or by the newspapers or other publications or by the oral statements of canvassers or by any other means,
(1) that he undertakes to institute or cause to be instituted legal proceedings against debtors, or
(2) that he obtains or causes to be obtained judgments against debtors, or
(3) that he executes or causes to be executed judgments against debtors, or
(4) that he transacts or causes to be transacted any other legal business; or
(f) agrees with any other person to place his advocate at the disposal of such person, in consideration of a payment or periodic monetary subscription; or
(g) solicits or obtains, directly or indirectly, from the victim of an offence or quasi-offence or from his representatives, authorization to recover or settle on his or their account any claim resulting from such offence or quasi-offence or, in fact, acts as intermediary for the negotiation, settlement or recovery of such claim, the whole subject to the provisions of the Act respecting insurance (chapter A-32); or
(h) acting as an officer of the federal or provincial government or of a municipal corporation or a school board, exercises the functions of an advocate before any court; or
(i) offers, through advertisements, printed matter, circulars or any other means of publicity, to settle the financial difficulties of a debtor with his creditors, for or without remuneration, or intervenes as intermediary between a debtor and his creditors for such purpose; or
(j) for any commission or remuneration, undertakes the collection of accounts or the recovery of claims and assumes total or partial responsibility for judicial costs; or
(k) sells, distributes or uses or causes to be sold, distributed or used booklets of printed letters to be addressed by a creditor to his debtors, in the name and over the signature of a third person and containing a putting in default to pay or any other notification; or
(l) sells, distributes or uses or causes to be sold, distributed or used, forms printed in advance for use by creditors and bearing the attestation of a commissioner for oaths or being of a nature to create in any other way the impression that they are judicial documents. The commissioner for oaths who allows his name, signature or official seal to be affixed to such document shall be liable to the penalties provided in section 132. The condemnation of a commissioner for oaths to any such penalty shall automatically entail the revocation of his commission.
136. Any person other than a member of the Bar shall be deemed to be acting in such a manner as to lead to the belief that he is authorized to fulfil the office of an advocate and to act as such, within the meaning of section 133, who:
(a) assumes orally or otherwise the title of advocate, solicitor, legal adviser, member of the Bar, attorney or any similar title or in any manner or by any means advertises himself as such; or
(b) causes the prefix “Me” or “Mtre” to be placed before his name, unless he is a member of the Ordre des notaires du Québec; or
(c) saving the case of a creditor addressing his debtor, writes or sends any card, letter or circular
(1) imputing responsibility in respect of an offence or quasi-offence, or
(2) requiring the execution or non-execution of any act or prestation or demanding of the debtor the payment of a sum of money, either with costs or implying that legal proceedings will be taken. This provision shall not apply to a notary, provided that the demand or notice of default proceeds from an authentic deed and is made or given without costs against the debtor; or
(d) in his own name or that of an advocate, with or without the consent of the latter, causes to be written or sent by another person any card, letter or circular of the same kind and for the same purposes as those mentioned in paragraph c; or
(e) publishes, advertises or proclaims, by means of pamphlets, booklets or circulars, or by the newspapers or other publications or by the oral statements of canvassers or by any other means,
(1) that he undertakes to institute or cause to be instituted legal proceedings against debtors, or
(2) that he obtains or causes to be obtained judgments against debtors, or
(3) that he executes or causes to be executed judgments against debtors, or
(4) that he transacts or causes to be transacted any other legal business; or
(f) agrees with any other person to place his advocate at the disposal of such person, in consideration of a payment or periodic monetary subscription; or
(g) solicits or obtains, directly or indirectly, from the victim of an offence or quasi-offence or from his representatives, authorization to recover or settle on his or their account any claim resulting from such offence or quasi-offence or, in fact, acts as intermediary for the negotiation, settlement or recovery of such claim, the whole subject to the provisions of the Act respecting insurance; or
(h) acting as an officer of the federal or provincial government or of a municipal or school corporation, exercises the functions of an advocate before any court; or
(i) offers, through advertisements, printed matter, circulars or any other means of publicity, to settle the financial difficulties of a debtor with his creditors, for or without remuneration, or intervenes as intermediary between a debtor and his creditors for such purpose; or
(j) for any commission or remuneration, undertakes the collection of accounts or the recovery of claims and assumes total or partial responsibility for judicial costs; or
(k) sells, distributes or uses or causes to be sold, distributed or used booklets of printed letters to be addressed by a creditor to his debtors, in the name and over the signature of a third person and containing a putting in default to pay or any other notification; or
(l) sells, distributes or uses or causes to be sold, distributed or used, forms printed in advance for use by creditors and bearing the attestation of a commissioner for oaths or being of a nature to create in any other way the impression that they are judicial documents. The commissioner for oaths who allows his name, signature or official seal to be affixed to such document shall be liable to the penalties provided in section 132. The condemnation of a commissioner for oaths to any such penalty shall automatically entail the revocation of his commission.
