The Hearing respecting charges against Adam Rodgers, a member of the Society, will take place on Monday, October 5 and Tuesday, October 6, 2020 commencing at 9:30 am at the Nova Scotia Barristers’ Society, 800-2000 Barrington Street, Halifax.
The Society charges Adam Rodgers, of Antigonish, 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 that:
1. Adam Rodgers engaged in professional misconduct by encouraging or knowingly assisting with fraudulent or dishonest dealings with clients’ trust monies in breach of Rule 3.2-7 of the Code in that he:
- was aware of, was wilfully blind to, and/or was reckless about the fact that his partner, Jason Boudrot, was withdrawing funds from clients’ trust accounts without fees having being earned or prior to fees having been earned, contrary to Regulation 10.3.4;
- allowed his firm to charge and accept fees that were not disclosed to clients in advance, contrary to Rule 3.6-1 of the Code and Regulation 10.3.4; and
- deposited, or allowed to be deposited, client trust funds in the firm’s general account without fees having being earned and/or before the fees were earned, contrary to Regulation 10.2.
2. Adam Rodgers engaged in professional misconduct and/or professional incompetence, in that he:
- failed to care for clients’ property in a careful and prudent manner and failed to observe all relevant rules and law about the preservation and protection of clients’ property entrusted to a lawyer and law firm, contrary to section 3.5 of the Code and Regulation 10.3.5;
- failed to directly supervise staff and assistants to whom he delegated work, contrary to Section 6.1 of the Code; and
- improperly delegated responsibility for protection of client property to staff, contrary to Regulations 10.2.10 and 10.3.1.
3. Adam Rodgers engaged in professional misconduct by failing to carry on the practice of law and discharge all responsibilities to clients, the public and other members of the profession honourably and with integrity, contrary to section 2.1 of the Code.
TAKE NOTICE that at the Hearing of this complaint, the Hearing Panel may be asked to make a finding of professional misconduct and professional incompetence against Adam Rodgers, on the basis of any evidence brought before the Hearing Panel.
The Hearing is open to the public in accordance with Section 44(1) of the Legal Profession Act. Note that at any Hearing, preliminary motions, regarding publicity ban or otherwise, may be heard and/or a settlement agreement may be proposed.
To ensure we are in compliance with all provincial restrictions in place regarding the current pandemic, members of the public or media wishing to attend the hearing should contact Colleen Crowther of the Nova Scotia Barristers’ Society at firstname.lastname@example.org on or before Monday, September 28, 2020.