Matthew Meland

Matthew Meland

Lawyer at FFMP and founder of Sharpened.

Classic Ethical Lapses on Quebec Bar Ethics Exam

by | Oct 6, 2024 | Quebec Bar | 0 comments

Matthew Meland

Matthew Meland

Lawyer at FFMP and founder of Sharpened

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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