Disciplinary Council and schedule of hearings

The Disciplinary Council

Whether they come from the Office of the Syndic or a private complaint filed directly by a member of the public, all complaints are submitted to the Disciplinary Council, which hears them and renders the decisions.

The Disciplinary Council is made up of three people: the Chair, appointed by the Quebec government, and two members appointed by the Barreau.

The Council is independent and impartial. No employee or officer of the Barreau du Québec may interfere in the decision-making process. Individuals acting as the Bâtonnier or involved in general management are also prohibited from doing so.

The Disciplinary Office acts as a liaison between the Disciplinary Council and the parties (the Syndic or the person filing a private complaint and the lawyer against whom the complaint is made). Through the Secretary of the Disciplinary Council, the Disciplinary Office receives the complaint, has all documents served as required throughout the process (complaints, notice of hearing, calling of witnesses, decisions, etc.) and provides any information required about the status of the file.

Once a complaint is filed, it is placed before the Disciplinary Council. It is the only body that makes decisions relating to the complaint file.

The Disciplinary Council may dismiss the complaint or declare the lawyer guilty of the offence. If the lawyer is found guilty, one or more of the following penalties are possible:

• a reprimand
• temporary or permanent expulsion from the Barreau
• restriction on the right to practice
• suspension or  permanent striking off the roll from the Barreau, or
• a fine.

The Disciplinary Council also determines who should pay the costs incurred as a result of the complaint.

Appealing a decision by the Disciplinary Council

It is possible to appeal a decision by the Disciplinary Council to the Professions Tribunal. If the complaint was made by the Office of the Syndic, only it and the lawyer involved can appeal it. The Professions Tribunal is not a professional body and follows its own rules.

The schedules of hearings

The hearing roll for the Disciplinary Council of the Barreau du Québec is updated every Friday.

The lawyer against whom the complaint is made can attend the hearing or be represented by a lawyer, where applicable.

It is only on the first day of hearing that the Syndic’s detailed complaint, proof, the names of the complainants, etc., are made public.

The Disciplinary Council sometimes decides whether a lawyer is guilty and what penalties are to be imposed from the bench but most of the time the decision is taken under advisement and the Council renders its decision at another time after analyzing the case further. Documents giving details about guilty verdicts and penalties are public.