Separation and divorce
What to do in the event of a dispute with your lawyer
Wrongfully claimed fees, professional negligence, fraud…If you think you’ve been the victim of these or other problems at the hands of your lawyer, there are options available to you. Here are the main recourses for different types of complaints.
You believe your lawyer has committed professional misconduct
If you believe your lawyer has broken the law or has failed to respect a professional duty, you have certain recourses:
- File a complaint with the Barreau du Québec: How to file a complaint against a lawyer (Barreau du Québec)
- File a claim with the Compensation Fund of the Barreau du Québec: Misuse of money or property (Barreau du Québec)
- File a claim with the Fonds d’assurance responsabilité professionnelle du Barreau du Québec (lawyer’s professional liability insurance): Claimant’s Guide (Assurance-responsabilité professionnelle du Barreau)
- Sue the lawyer in civil court (for example, Superior Court or Court of Quebec): Representing Yourself in Court in Civil Matters (Fondation du Barreau du Québec)
- File a police report if you believe a crime has been committed (for example, fraud, sexual assault, etc.)
Important
Your lawyer must make all the necessary efforts to defend your rights and interests but cannot guarantee a specific outcome.
Simply losing a case in court does not justify a complaint against your lawyer.
Choosing the appropriate recourse depends on many factors, such as the nature of the problem (for example, conflict of interest, incompetence, misuse of money) and the outcome you are seeking (for example, financial compensation, having the lawyer disbarred).
Depending on the circumstances, you may be able to exercise several recourses at once.
To choose the most appropriate course of action for your situation, and to accompany you through the different steps, don’t hesitate to consult a lawyer.
You disagree with your lawyer’s strategy
If you disagree with the strategy your lawyer is proposing, or has adopted, it is best to discuss it with them. Your lawyer should take the time to explain the strategy and the reasoning behind it.
If you’re not satisfied with your lawyer’s services, you can change lawyers.
You disagree with the fees or expenses your lawyer has billed
If you disagree with legal fees or expenses billed by your lawyer, the simplest way to begin dealing with this is to discuss it directly with them.
If direct negotiations don’t solve the problem, you can call upon the free conciliation service of the Barreau du Québec (professional order of lawyers) for help in trying to reach an agreement. As a rule, you have 45 days from the time you receive your lawyer’s bill to apply for conciliation with the Barreau du Québec.
If the conciliation process does not lead to an agreement, you can ask the Barreau du Quebec for your case to be heard by an arbitrator.
For more information about ptions available in order to reduce the amount of your lawyer’s bill go to Challenging your lawyer’s bill.
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ANG - L’information présente sur cette page ne constitue pas un avis ou un conseil juridique. Nous vous indiquons ce que dit la loi au Québec de manière générale. Pour obtenir un avis ou un conseil juridique concernant votre situation personnelle, consultez un professionnel du droit.
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