LYLE HOWE: NOTICE OF HEARING
The hearing respecting charges against Lyle Howe, a member of the Society has been adjourned until Monday April 10, 2017 starting at 9:00 am and will further reconvene on Wednesday April 12, 2017 and Wednesday April 19, 2017 starting at 9:00 am at the Hampton Inn Halifax, 1960 Brunswick Street.
The Nova Scotia Barristers’ Society charges Lyle Howe, of Halifax, Nova Scotia, with professional misconduct and professional incompetence for allegedly violating, between 2011 and 2014, provisions of the Code of Professional Conduct (the “Code”), Legal Ethics and Professional Conduct: A Handbook for Lawyers in Nova Scotia, 2nd ed. (Halifax: Nova Scotia Barristers' Society, 1998), (the "Handbook") and Regulations made pursuant to the Legal Profession Act, SNS 2004, ch. 28.
Specifically, it is alleged that:
1. Contrary to Rules 2.1-1 and 2.1-2 Integrity, and Rule 3.2-2 Honesty and Candour, Lyle Howe failed to carry on the practice of law and discharge all his responsibilities to clients, tribunals, the public, the Society and other members of the profession honourably and with integrity, and failed to be honest and/or candid with clients and inform them of all information known to him that may affect their interests;
2. Contrary to Rule 3.1 Competence and Rule 3.2 Quality of Service and Rule 2 (Guiding Principle (vi)) of the Handbook, Lyle Howe failed to have and apply relevant knowledge, skills and attributes in a manner appropriate to each matter undertaken on behalf of clients and the nature and terms of the engagements, and/or failed to provide competent, timely, conscientious, diligent and efficient quality of service to clients;
3. Lyle Howe engaged in professional misconduct as defined in Regulation 9.1.3 (c), in particular by failing to follow the advice and guidance respecting his practice of law and ethical responsibilities provided by the Society and its agents;
3A. Lyle Howe engaged in professional misconduct as defined in Regulation 9.1.3 (c), in particular by failing to follow the Complaints Investigation Committee’s Order in relation to practice restrictions and conditions;
4. Contrary to Rule 3.4-1 Conflict of Interest, Lyle Howe continued to act for clients when there was a clear conflict of interest between his clients, which conflicts created a substantial risk that his loyalty to or representation of some clients would be materially and adversely affected by his duties to other clients;
5. Contrary to Rule 5.1-1 The Lawyer as Advocate and Chapter 14 of the Legal Ethics Handbook, Lyle Howe failed to treat the courts with candour, fairness, courtesy and respect;
6. Contrary to Rule 5.1-2 (g) The Lawyer as Advocate, Lyle Howe knowingly asserted facts as true when their truth could not be reasonably supported by the evidence; and
7. Contrary to Rule 5.1-2 (j) The Lawyer as Advocate, Lyle Howe attempted to improperly dissuade and/or wrongfully influence a witness not to testify against his client.
The Hearing continues to be open to the public in accordance with Section 44(1) of the Legal Profession Act. Note that at any Hearing, preliminary motions may be heard and/or a settlement agreement may be proposed.