Disciplinary Law

Prevent rather than fix.

Expertise in disciplinary and professional law.

Setting the record straightDonner l'heure juste.
 

Want a legal opinion on a prospective element of your professional practice with respect to your deontological obligations? Are you under investigation by the syndic of your professional order and want to know your rights and obligations throughout the process? Are you the subject of a disciplinary complaint and seeking a lawyer to represent you before the disciplinary committee? We can help you. We have significant expertise in disciplinary law and can advise you judiciously, identifying the most advantageous situation in the circumstances.

In addition to being able to advise and support you throughout the investigation process, we can represent you in the context of a disciplinary recourse filed by the syndic of your professional order with the order’s Disciplinary Committee, or in the context of a legal action for professional liability directed against you after having committed a professional fault. Whether you are a lawyer, a notary, a psychologist, a dentist, or any other professional governed by the Professional Code, or even a real estate or mortgage broker, our lawyers are specialized in disciplinary law and can help you.

Preventative Consultation

Get a clear picture of the standards that govern your practice and an opinion as to the risks of violating these standards. We can advise you as to the conduct to be adopted in order to comply with your deontological obligations. Certain business choices or personal choices can put you in contravention of the applicable standards of practice/deontological obligations for your profession; never hesitate to obtain a legal opinion prior to making certain strategic choices.

The Investigation Process

You may be subject to an investigation by the syndic of your professional order. Knowing your rights and obligations in the context of this process will allow you to respond to the syndic within the framework of the law.

The Disciplinary Process

Are you the subject of a disciplinary complaint? You may choose to represent yourself or to be represented by a lawyer before your professional order’s disciplinary committee. This process touches on numerous legal issues on which we can advise and/or represent you in the event that a disciplinary complaint is filed against you. We can accompany you at every stage of the disciplinary process.

In the event of conviction, we can also help you with representations on the penalty and even in appeal proceedings.

Provisional Striking off the Roll or Suspension

The request for provisional striking off the roll is heard and decided upon urgently. This is appropriate when the allegations against the respondent constitute well-established criteria from the jurisprudence. The order imposing provisional striking off the roll can have a serious impact on the professional’s career, as his license to practice is revoked until the disciplinary committee renders its final decision as to the conviction and/or sanction. Given the delays often associated with the disciplinary committees’ processing of complaints, this situation can be very prejudicial to the professional in question. Said professional, however, is not without recourse: do not hesitate to quickly entrust our team with your concerns in order for all possible interventions to be initiated in a timely manner.

Professional Liability

Professional liability and disciplinary law may touch on the same issues, but they do so from very different perspectives. While disciplinary law seeks to punish a professional for not having respected his code of ethics, without regard for the damage he may have caused, professional liability primarily seeks to indemnify the victim for the damage suffered as a result of a professional’s fault. We can represent you in a professional liability recourse instituted by the victim of a professional’s fault or derogatory act. We offer our services in defence and in risk management to our clients, particularly engineers, architects, health professionals, financial security advisors, damage insurance representatives, and real estate and mortgage brokers, as well as their respective insurers.