Can I have a lawyer in small claims court?
Short answer
No. In Quebec, a lawyer cannot represent a party before the Small Claims Division of the Court of Quebec (art. 542 of the Code of Civil Procedure). You may, however, consult a lawyer outside of court to prepare your file and your presentation.
In detail
The rule is at the heart of the system: small claims exists so that people can be heard without a lawyer, and the judge takes an active role there in helping the parties present their evidence. The Gouvernement du Québec states that the representative of a legal person, a partnership or an association “must not be a lawyer”, and that representation by a lawyer is prohibited.
There is one narrow exception. Where a case raises a complex question of law, the court may, on its own initiative or at the request of a party, authorize representation by a lawyer; it must first obtain the agreement of the Chief Judge of the Court of Quebec. In that case, the lawyers’ fees and costs are borne by the Minister of Justice.
An individual who is unable to act personally may give a free written mandate to their spouse, a relative, a person connected by marriage or civil union, or a friend, using the Mandate to Represent form (SJ-838) and stating the reasons for the representation.
What to document
Your hearing preparation: an ordered list of what you want to say, with the exhibit that supports each point. Since no one will argue the case for you, that document is what carries you through the hearing. If you do consult a lawyer, note the date and the points that were clarified.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Representation of the parties (mandate) — Gouvernement du Québec
- Code of Civil Procedure, CQLR c. C-25.01, art. 542 — Légis Québec
Related questions
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See all the answers · the full guide collection · Lire en français
What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.