2018 QCCQ 3431, 2018 QCCQ 3431

Stein c. Brands 2018 QCCQ 3431 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-701332-175 DATE: May 14, 2018 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ ALAN STEIN Plaintiff v. STEFAN BRANDS Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff, who is a lawyer, is suing defendant on account for professional services rendered. [ 2 ] Plaintiff’s claim is unfounded as:

a) defendant never gave him a mandate, and the parties never determined together the terms, conditions and scope of any such mandate ( Code of Professional Conduct of Lawyers , [1] s. 27 and 28);

b) the meeting which took place between the parties, on September 28, 2016, was purely introductory and exploratory; defendant was, in fact, interviewing several lawyers with a view to decide which he would hire to represent him;

c) plaintiff’s invoice is devoid of any substance, as no professional services were rendered on defendant’s behalf; and

d) finally, it is contrary to sections 99 and following of the Code of Professional Conduct of Lawyers to bill a client or a prospective client for the preparation of a fee agreement or an invoice; WHEREFORE THE COURT HEREBY:

DISMISSES plaintiff's claim, with legal costs in the amount of $100.00. __________________________________ ELIANA MARENGO, J.C.Q. Date of hearing: May 1, 2018