Lyle Howe under scrutiny at Nova Scotia Barristers' Society hearing - Action News
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Nova Scotia

Lyle Howe under scrutiny at Nova Scotia Barristers' Society hearing

Halifax defence lawyer Lyle Howe pleaded not guilty Thursday to seven charges of professional misconduct and professional incompetence before a disciplinary committee of the Nova Scotia Barristers' Society.

Halifax defence lawyer faces charges of professional misconduct and professional incompetence

(CBC)

Halifax defence lawyer LyleHowepleaded not guilty Thursday to sevencharges of professional misconduct and professional incompetencebefore a disciplinary committee of the Nova Scotia Barristers' Society.

The society dropped an eighth charge that accused Howe of trying to steal a client from another lawyer.

This is a "difficult and unfortunate case," said lawyer Marjorie Hickey, acting on behalf of the barristers' society.

The charges are very serious and could lead to the young criminal lawyer being disbarred.

Halifax lawyer Laura McCarthy is the wife of Lyle Howe and is appearing as counsel with him at his disciplinary hearing. (CBC)

The society alleges Howedemonstrated professional misconduct and professional incompetence from 2011 and 2014 bydouble or triple-booking himself in court, poorly documenting his client's filesand providing poor quality of service.

Clients, lawyers, Crown attorneys and even at least one provincial court judge, Anne Derrick, raised concerns about Howe.

Sex assault trial

He is also accused of misleading the court in proceedings before Nova Scotia judges Timothy Gabriel and Alana Murphy.

The timeframe of the allegations coincides with the period whenHowewas facing sexual assault-related charges,said Victoria Rees, director of professional responsibility for the society.

Howe was found guilty of sexual in March 2014, but his convictionwas overturned on appeal. He is awaiting a decision from the Crown on whether he will be retried on the charge.

The barristers' society was concerned with how he was coping with the pressure of criminal charges, Rees testified.Senior lawyers, and a race and culture expert Howe is blackwere asked to provide assessments in connection with the issue.

Reese testified that ina conversation with Howe, he told her felt he was being targeted by police.

Howe, who has two other lawyers including his wife on his legal team, alsorepresented himselfduring the hearing on Thursday.His wife, Laura McCarthy, shares a practice with him.

Howe's wife on legal team

The panel is expected to rule Friday on whether Howe and McCarthy can continue to act as legal counsel during the hearing, given witnessescould include their former clients and they themselves could be witnesses.

Hickey said it would beinappropriate for McCarthy to cross-examine formerclients.

Jeanne Sumbu is also on Lyle Howe's legal team.

JeanneSumbu, who is onHowe'slegal team, told the panel that McCarthy will be the lead lawyer and step down from that role if she's called as a witness.

"Ms. McCarthy's role as a potential witness is unclear and really has to do with how broad the charges are,"Sumbusaid outside the hearing.

"In this profession, we are expected to act objectively, and I don't doubt that she has the ability to step away from some of her maybe more personal feelings."

Sumbusaid McCarthy'spersonal relationship withHowehas only helped case preparation so far.

Numerous complaints

The complaints against Howe fall into seven categories:

  • Failing to act honourably and honestly with clients, colleagues and other members of the profession.
  • Failing to apply the right knowledge and skills to his job.
  • Failing to follow advice on how to properly run his practice.
  • Continuingto represent clients even when he was in a conflict of interest.
  • Failingto treat the courts with "candour, courtesy and respect."
  • Claiming things were true when it was not reasonably supported by evidence.
  • Improperly tryingto persuade a witness not to testify against his client.

One charge underthe barristers' society code of professional conductallegesHowefailed to be honest about a plea agreement and told a client it had been reached when it was only under consideration.

Barristers' society executive director DarrelPink said the disciplinary hearing ispublic, but the names of clients may be subject to a publication ban. However, evidence from those clients will be a matter of public record.

The barristers' society is expected to call about 12 witnesses, including Crown prosecutors and other lawyers.

On Thursday morning, Howe's mother and another man supporting Howeattended the hearing.