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Disciplinary law : only a client can invoke the existence of a conflict of interest in order to disqualify his lawyer

As was decided by the Professions Tribunal in August 2013, all lawyers have the ethical duty to avoid putting themselves in conflicts of interest. This duty benefits the client and it is therefore, only the client who can invoke the sections of the code of ethics pertaining to conflicts of interest in order to disqualify the lawyer in question (Rémillard c. Notaires (Ordre professionnel des), 2013 QCTP 70).

THE FACTS           

In February 2010, Francis-Pierre Rémillard, notary, was accused of having violated his duty to act with objectivity, moderation and dignity. the notary pleaded guilty and in consequence, a temporary striking from the roll was imposed by the Disciplinary committee of the Chambre des notaires.

The notary appeals this sanction in April 2013. Before being heard by the Professions Tribunal concerning this appeal, the notary presents a motion to the Tribunal, asking that the syndic’s attorneys, who he believes cannot act within their client’s best interests, be disqualified.

THE PROFESSIONS TRIBUNAL’S DECISION

After having considered the arguments invoked by both parties, the Professions Tribunal draws the following conclusions :

1.    All individuals have the right to appoint the lawyer of their choice. 

2.    A lawyer’s duty to avoid placing himself in a direct or indirect conflict of interest aims to preserve the independence that all lawyers must have towards their clients.

3.    The existence of a conflict of interest can therefore only be invoked by the client.

4.    A lawyer can only be disqualified by the court for serious reasons that present a risk of threatening the reputation and/or integrity of the judicial system or the legal profession.

THE LESSONS TO BE LEARNED

1.    A disciplinary committee cannot disqualify a lawyer unless the client affected succeeds in proving the existence of a direct or indirect conflict of interest or that the presence of said lawyer presents a risk of threatening the integrity of the judicial system or that of the legal profession. Dubé Légal inc., Montréal disciplinary law lawyers.