The first part of the Ethics Exam of the Quebec Bar, and normally worth 50% of that exam, is to identify a number of ethical lapses and the associated article in a fact pattern. It is very important to be specific in your description of each lapse and I recommend that you copy the language used in the fact pattern itself, rather than trying to paraphrase it. A good strategy is to keep your answers as simple as possible which greatly increases your chances of getting all of your points for each ethical lapse.
During a recent Sharpened Ethics Crash Course (learn more about our crash courses here), we went over some of the classic ethical lapses that come up time and time again. Wanting to help everyone, here’s a list of some of the more common ethical lapses to be identified. Also, consider practicing with our mock exams which can be freely accessed here.
Ethical Lapse | Article |
Lawyer calls himself a specialist in some field of law | 58 C.P. |
Lawyer charges contingency fee above 33% | 7 C.D.A. |
Lawyer aids in a fraudulent activity | 14 C.D.A. |
Lawyer encourages someone to commit perjury | 14 C.D.A. |
Lawyer is drunk or under the influence of drugs when rendering services | 22 para. 2 C.D.A. |
Lawyer doesn’t allow the client to see another lawyer | 25 C.D.A. |
Lawyer communicates in a way that the client doesn’t understand using legal terminology | 26 C.D.A. |
Lawyer doesn’t advise the client that they may be eligible for legal aid | 34 C.D.A. |
Lawyer was not reasonably available for client | 39 C.D.A. |
Lawyer did not submit settlement offer to client | 43 C.D.A. |
Lawyer did not advise client of a mistake | 47 C.D.A. |
Lawyer did not advise the other party that he was ceasing to represent | 51 C.D.A. |
Lawyer has client files on his desk when another client is around | 60 C.D.A. / 17 R.c.n.e.p.a. |
Lawyer has a conversation with a client when another client is around | 60 C.D.A. |
Lawyer borrows money from a client | 91 C.D.A. |
Lawyer guarantees a debt for a client | 92 C.D.A. |
Lawyer posts bail for a client | 93 C.D.A. |
Lawyer uses trust fund money to pay a supplier | 94 C.D.A. |
Lawyer does not explain his bill when asked by a client | 100 C.D.A. |
Lawyer charges a very large fee for the work performed | 101 C.D.A. |
Lawyer charges a very large retainer for a relatively small mandate | 101 C.D.A. |
Lawyer charges client for the time spent with the syndic | 110 C.D.A. |
Lawyer criticizes the court system | 111 C.D.A. |
Lawyer adds unfounded claim to lawsuit | 113 C.D.A. |
Lawyer misses court hearing without reason | 114 C.D.A. |
Lawyer doesn’t advise the Court and/or the other parties when going to miss a hearing | 114 C.D.A. |
Lawyer makes an argument which he knows is false to the Court | 116 C.D.A. |
Lawyer communicates with the other party directly while being aware that they are represented by counsel | 120 C.D.A. |
Lawyer asks assistant to answer syndic on his behalf | 135 C.D.A. |
Lawyer does not respond quickly to the syndic’s questions | 135 C.D.A. |
Lawyer asks an ex-client for an explanation after learning that they filed a complaint against him | 136 C.D.A. |
Letter from law office doesn’t include the name of a lawyer at the bottom | 144 C.D.A. |
Testimonials from past clients on the lawyer’s website | 145 C.D.A. |
Lawyer does not respect the price in an ad for 90 days | 148 C.D.A. |
There is no sign for the law office | 3 R.c.n.e.p.a. |
Lawyer does not have a computer | 3 R.c.n.e.p.a. |
Lawyer shares his email address with someone else | 3 R.c.n.e.p.a. |
Lawyer does not have a private room in which to meet clients | 5 R.c.n.e.p.a. |
Lawyer does not have a way to forward his calls when he is away from the office | 6 R.c.n.e.p.a. |
Client file does not include a description of the mandate | 13 R.c.n.e.p.a. |
The client’s identity is verified by an assistant | 13 R.c.n.e.p.a. |
Client file does not include the occupation of the client | 14 R.c.n.e.p.a. |
Lawyer does not quickly deposit money received in trust into his trust account | 50 R.c.n.e.p.a. |
Lawyer does not have a trust account at a bank, but keeps money in ceiling | 50 R.c.n.e.p.a. |
Lawyer received $7,500 or more in cash without right | 69 R.c.n.e.p.a. |
Lawyer did not provide a receipt when receiving a cash payment | 70 R.c.n.e.p.a. |
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