The Hearing Committee of the Nova Scotia Barristers’ Society (the “Society”) will hold a hearing, at a date and time to be determined, respecting charges against Adam Rodgers, a member of the Society.
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.
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.