Lawyers and Notaries in Quebec: A Practical Checklist

A lawyer ensures the confidentiality of all information about a client's affairs (Code of ethics of lawyers, s. 60); a notary is bound by professional secrecy (Code of ethics of notaries, s. 35). According to the Barreau du Québec's guide, the mere act of entering protected information into an open, publicly accessible AI system constitutes a breach.

• Ask every vendor where conversations go and whether they are used to train a model.
• Record only administrative information in the tracking tool, never sensitive facts.
• Invite people not to send sensitive details by email before the first meeting.

A lawyer avoids any conflict-of-interest situation, assessed with regard to all the firm's clients (s. 71 and 72); a notary does too (s. 30). Without a dated record of the check, the firm is exposed.

• Collect the parties' names and the area of law before any other question, and nothing more.
• Have your team run the check and note the date.
• Confirm the consultation only after the check, if that is your rule. Max follows that rule.

The Barreau writes that generative AI can improve intake, 'without replacing legal advice'. A notary addressing the public must stress the general nature or limits of the information provided (s. 67). On fees, a lawyer provides the explanations necessary to understand them (s. 100) and a notary informs the client of the approximate cost, avoiding setting it without knowing all the elements (s. 51). The fee agreement or engagement letter should be signed before work begins.

• Have the assistant say that it is an AI assistant and that it gives no advice.
• Have it answer according to your fee schedule; the estimate for a specific file stays with the professional.
• Follow up on the signature of the agreement before starting work.

Neither a lawyer (s. 145) nor a notary (s. 70) may use a supporting testimonial in advertising. Advertising and the firm's name are also governed by the codes of ethics of lawyers and notaries. The general-information pieces Max prepares contain none, remain informative, make no promise of results and give no legal advice, and nothing is published without your approval.

• Have the professional approve every message before it goes out.
• Avoid promises of results and testimonials in your content.

A firm collects only what is necessary (s. 5) and informs the person of the purposes and of their rights (s. 8). Entrusting information to a vendor requires a written contract providing for confidentiality measures (s. 18.3); a new system that touches personal information requires a privacy impact assessment (s. 3.3), and so does a communication outside Quebec (s. 17). The law also requires a person responsible for the protection of personal information, a register of confidentiality incidents and consent for collection. If the agent alone declines a request, for example outside your areas of practice, section 12.1 requires informing the person and letting them speak with someone at the firm.

• Display consent on every form.
• Keep the incident register and publish the responsible person.
• Always provide a human to talk to.

Under Canada's Anti-Spam Legislation, confirming an appointment already agreed does not require consent (s. 6(6)(b)), and an inquiry made in the last six months creates implied consent for a follow-up (s. 10(9)(a) and 10(10)(e)). Every commercial message identifies the firm and offers a way to unsubscribe (s. 6(2)). Newsletters are only sent to contacts whose consent is recorded.

Trust funds must be deposited in a trust account, under the conditions of the Regulation respecting accounting and professional practice standards of lawyers. No accounting belongs in the tracking tool; it may only remind you that a retainer was requested. Deadlines in the file are entered by the professional, and the tool calculates none. A notary must keep a file for each client and register wills and mandates in the Chambre des notaires registers: a stage reminds the team after the deed is signed, but the task remains manual.

The rules come down to a few repeatable habits: little information collected, checks done by the team, nothing sent without approval. Max handles intake and follow-up; the decision and the responsibility stay with the professional.

General information, not legal advice. Check with your professional order or the official source.

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• https://www.legisquebec.gouv.qc.ca/fr/document/rc/B-1,%20r.%203.1
• https://www.legisquebec.gouv.qc.ca/fr/document/rc/B-1,%20r.%2010
• https://barreau.qc.ca/media/2ayb5mkn/guide-devoirs-obligations-deontologiques.pdf
• https://cms.barreau.qc.ca/media/5tqplrdy/convention-honoraires-annotee.pdf
• https://www.cnq.org/
• https://www.cai.gouv.qc.ca/entreprises/
• https://crtc.gc.ca/fra/internet/anti.htm

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