Quebec Bar Exam

Cindy and Eric have been married for 12 years. Recently, the couple have been dealing with marital issues caused in part by the fact that Eric has been travelling a lot due to his recent promotion as a regional director of LotusCo, an international company operating in the field of electrical components sales. With his new promotion, Eric is now in charge of assisting several sales managers plan and set up sales strategies to enhance each of their respective monthly sales.

After coming back from a two-day trip to Rimouski, Eric was surprised to find his home half-empty and a letter addressed to him on the kitchen table. This letter explained that Cindy wanted to get a divorce and she would be serving him shortly with divorce proceedings.

In fact, the next day, a bailiff served Eric with Cindy’s divorce application. At that point, Eric decided to hire a lawyer to help him navigate the process. Eric decided to reach out to Mtre. Francis James who had helped him review a shareholders’ agreement for one of his side businesses ten years ago. That previous mandate was very short and was limited to only reviewing the shareholders’ agreement. Mtre. James was not made aware of any other information with regards to Eric’s businesses.

Mtre. James invited Eric over to his office which had been recently relocated to new commercial premises on Saint-Vallier Street. Upon arriving at the office, Eric is pleased to find a large open-concept office shared by Mtre. James and three other lawyers. Mtre. James explains that his new office allows for easier conversations and reduces the firm’s costs as there is only one phone, one fax, as well as one email address shared by everyone. Mtre. James invites Eric to take a seat in front of his desk, which is located in a corner off of the main open space.

Mtre. James takes substantial notes during the meeting and asks many questions to make sure that he understands everything properly. Eric wants the divorce to be as amicable as possible because he still loves Cindy. He also wants to continue seeing his children and to split the family’s assets as fairly as possible. In addition, Eric tells Mtre. James that he would like to conduct a little personal investigation as he suspects that Cindy has been having an extramarital affair with someone from her work. To that end, Eric asks Mtre. James if he could obtain the phone number of the president of Cindy’s employer. Mtre. James replies that it’s feasible but it would be expensive. With his new promotion under his belt, Eric is not worried and tells Mtre. James that money is no object.

Being a well-known corporate lawyer, Mtre. James was slightly hesitant to get involved in a family law file, as he hadn’t practised in the field since he was an articling student, some 15 years ago. He initially thought about disclosing this fact but after listening to Eric tell his story, Mtre. James thinks that he will be fine and can handle the mandate.

Eric then asks Mtre. James to answer the Summons in the divorce proceedings and to propose mediation to see if a negotiated settlement is possible. Eric recalls that one of his uncles settled his divorce well through mediation. Mtre. James replies that mediation in divorce proceedings is a thing of the past and that “almost no one does it anymore. You really have to go all in and hit them hard from the start if you want to see your kids again.” Eric gets emotional at the thought of not seeing his children and trusts Mtre. James to be doing what is best for him.

Eric asks what the next steps will be and how much the process will cost. Mtre. James replies, “You will see, I work quickly and efficiently but I am also aggressive to make we get what we’re looking for. Let me make sure I properly noted your name, address, and phone number.”

As for fees, Mtre. James explains that he will bill Eric on an hourly basis at a rate of $250 an hour. He further mentions that he will issue an invoice every month with a description of the time spent on his file. As for obtaining the phone number of the president of Cindy’s employer, Mtre. James explains that he will charge a lump sum of $5,000, upon providing Eric with the number, because this information may be difficult to find, and he has difficulty estimating the number of hours it will take. Determined to get to the bottom of Cindy’s story, Eric accepts. Mtre. James asks Eric for an advance of $2,000 to begin the mandate. Having anticipated this request, Eric hands Mtre. James the amount, in cash, who asks Eric if he wants a receipt to which he replies, “No.”

Over the course of the following weeks, Mtre. James duly files an Answer to the Summons in the divorce proceedings and contacts Mtre. Boilard, who represents Cindy. Both lawyers have several calls to try to negotiate a settlement. At one point, Mtre. Boilard makes a settlement offer that covers some of Eric’s demands, but since Mtre. James judged the settlement to be unfair, he refused it right away. Judging that Mtre. Boilard is acting unreasonably, Mtre. James decides to call Cindy and quickly tells her that she should consider Eric’s feelings in the divorce, especially since she cheated on him. Furious, Cindy denies Mtre. James’ allegations and hangs up.

The next week, Mtre. James provides Eric with Josh Létourneau’s phone number, who is the president of Cindy’s employer. Mtre. James then issues his monthly invoice to Eric which states the following:

Upon receipt of the invoice, Eric calls Mtre. James to inquire about the amount due as well as the description of some of the work. Eric also wants to know whether Mtre. James would accept to reduce the invoice amount as Eric feels that the amount billed is excessive. Mtre. James mentions that the only thing he could do is to remove the taxes if Eric pays in cash. Disappointed, Eric then moves to his second point which is understanding what Mtre. James meant by “refusing settlement offer.”

Mtre. James candidly replies that he recently turned down Mtre. Boilard’s offer because he sincerely believes that Eric can get more. After hearing the content of the offer, Eric is fed up; the offer was more than enough for him, and he would have liked to settle the case already. Eric tells Mtre. James that he no longer wishes to do business with him and that he will find a new lawyer. Mtre. James replies that until his bill is paid, he cannot. Eric hangs up.

A week later, Mtre. James receives a phone call from Mtre. Leclerc, who took over Eric’s case. Mtre. Leclerc requests the transfer of the file and asks Mtre. James about whether there are any upcoming court dates. Mtre. James tells Mtre. Leclerc, “You can figure that out on your own” and then hangs up.

After learning that Eric filed a complaint with the Syndic of the Barreau against him, Mtre. James calls Eric to apologize for failing to meet his expectations. Mtre. James then hands the complaint to his secretary asking her to take care of responding to it.

QUESTION 1

List 15 breaches of ethics and professional practice committed by Mr. Francis James. For each breach, justify your answer by referring to:

a) the precise and relevant facts contained in the factual framework;

b) to the specific and relevant legislative or regulatory provision(s).

QUESTION 2

In the event that Cindy reached out to Mtre. James before Eric did, could he have represented her in the divorce proceedings?

If so, mention any additional steps Mtre. James might be legally required to take.

Specify the relevant facts contained in the factual framework and the specific and relevant legislative or regulatory provision.