Notice of Referral to Hearing: Nash Brogan

The Hearing Committee of the Nova Scotia Barristers’ Society will hold a hearing, at a date and time to be determined, respecting charges against Nash Brogan, of Sydney, Nova Scotia.

The Nova Scotia Barristers’ Society charges Nash Brogan, of Sydney, Nova Scotia with professional misconduct and professional incompetence in that he breached provisions of the Code of Professional Conduct (the “Code”), and the Legal Profession Act (the “Act”) and the Regulations made thereunder. 

Specifically, it is alleged:

  1. Contrary to Chapters 2.1-1 and 3.5-2 of the Code, Mr. Brogan conducted himself in a way that reflected adversely on the integrity of the profession and the administration of justice and failed to observe rules related to preservation of client property entrusted to the lawyer when it was his practice until January of 2019 to take cash from criminal clients prior to legal services being rendered, to not deposit the cash into a trust account, to deem the cash as fees earned upon receipt without any or sufficient work having been completed to justify the fees contrary to Regulations 10.2.1, 10.4.2 (e), (f), and (g), and for some of these transactions to not include cash as income.
  2. Contrary to Chapter 3.1-2 of the Code, Mr. Brogan failed to provide legal services to the standard of a competent lawyer when, during a period from 2016 until November of 2018, he did not take diligent steps to have and implement a system to track pending limitation dates which resulted in approximately 17 missed limitation periods.
  3. Contrary to Chapters 6.1-1, 6.1-3(n), and 6.1-5, Mr. Brogan provided his personal lawyer LRA passcode to his assistant, allowed her to perform work that could only be done by a lawyer, and failed to properly supervise his assistant in his real estate practice.
  4. Contrary to Chapter 3.3-1, Mr. Brogan failed to hold in strict confidence all information concerning the business and affairs of a client acquired in the course of the professional relationship when he communicated with a person outside of his firm confidential client information.
  5. Contrary to Chapters 2.1-1, 3.4-1, and 3.4-28 Mr. Brogan conducted himself in a way that reflected adversely on the integrity of the profession and the administration of justice and acted for a client in a conflict of interest when he loaned money to and acted for AB and CD in matters in which he had a personal financial interest without ensuring that the transaction was fair and reasonable, the clients had full disclosure, the clients had independent legal representation, and in a situation where his duty of loyalty to the clients was compromised by his personal financial interest.
  6. Contrary to Chapter 2.1-1, Mr. Brogan failed to discharge his responsibilities with honour and integrity when he transferred the title of a client’s tangible personal property to one of his companies without good reason and refused to return title when asked by the client.
  7. Contrary to Chapter 7.2-4, Mr. Brogan communicated with another person in a manner that was abusive, offensive, and/or inconsistent with the proper tone of a professional communication from a lawyer. 

A further public Notice of Hearing will be published once the dates and times for the hearing are confirmed.

The hearing will be open to the public in accordance with Section 44(1) of the Act. Note that at any hearing, preliminary motions may be heard and/or a settlement agreement may be proposed.