L'Ethique Et La Responsabilite Professionnelle Des Juristes En Matiere De Competence


  • Rene Laperriere




Professional competence is at the heart of the establishment of monopolies of practice for the legal profession and is mentioned generally among the obligations within professional codes of ethics, At the same time, the number of lawsuits relating to incompetence and the number of judicial decisions condemning lawyers for errors or omissions seem quite high when compared with, say, the medical profession. The author examines the evolution of jurisprudence in the area of professional competence, particularly in the determination of criteria of fault, and evaluates the influence of mandatory liability insurance. The article concludes with a proposal for the means which should be put in place to better control and sanction the professional competence of lawyers.