Following a public hearing on February 8, 2021, respecting the appropriate sanction against Adam Rodgers, the Hearing Panel of the Society released its decision on March 23, 2021, which included a suspension of one year to commence July 1, 2021.
Adam Rodgers made an application to vary the effective date of his suspension and the Panel heard submissions on the application to vary from counsel for the Society and Adam Rodgers on May 7, 2021. The Panel considered the written and oral submissions on behalf of the Society and Adam Rodgers and granted the application to vary the effective date of the suspension to commence on October 1, 2021, which resulted in a Resolution dated May 14, 2021.
The parties made a joint application to vary the May 14, 2021, Resolution to permit Mr. Rodgers to complete his work involving the Desmond Fatality Inquiry.
The Panel heard submissions on the application to vary from counsel for the Society and Adam Rodgers on September 24, 2021.
The Panel has unanimously resolved that:
- Adam Rodgers is to be suspended for a period of twelve (12) months, effective October 1 to September 30, 2022, which may be extended beyond September 30, 2022, as set out in paragraph 4.
- The suspension shall be lifted for any day Mr. Rodgers’ attendance is required at the Desmond Fatality Inquiry to hear expert testimony, present oral closing submissions, or otherwise hear testimony, submissions, or make representations on behalf of his client Cassandra Desmond, the personal representative of Cpl. Lionel Desmond.
- Mr. Rodgers will keep the Society informed of the days on which the suspension is lifted, and he will pay to the Society a prorated practicing insured fee for each day the suspension is lifted.
- The suspension shall be extended beyond September 30, 2022, for the number of days for which the suspension was lifted under paragraph 2.
- Until September 30, 2021, Adam Rodgers shall continue to adhere to the practice conditions and restrictions that were put in place by the Complaints Investigation Committee following a hearing pursuant to section 37 of the Legal Profession Act. Subject to the terms of this resolution, the Legal Profession Act,and the Regulations, upon the completion of the period of suspension, Adam Rodger may return to practice without conditions or restrictions.
- Adam Rodgers shall make the necessary arrangements for his practice in accordance with the Cessation of Practice Guidelines established by the Nova Scotia Barristers’ Society. Failure to do so will result in the appointment of a Receiver by the Society with the costs associated with that Receivership being payable in full by Adam Rodgers as a condition of his reinstatement to practice. In particular, from now until October 1, 2021, Adam Rodgers will take necessary steps to wind up his practice such that:
- He must transition to new counsel matters that will not be completed by September 30, 2021; and
- He must not take on new matters unless he is certain they can be completed by September 30, 2021.
- During the period of suspension, Adam Rodgers shall adhere to the Cessation of Practice Guidelines established by the Nova Scotia Barristers’ Society.
- Adam Rodgers shall attend and complete successfully, at his own expense, the Professional Responsibility course taught at The Schulich School of Law at Dalhousie University, within 20 months of the commencement of his suspension.
- Adam Rodgers shall pay costs of this investigation and proceeding in the amount of $12,000.00 pursuant to s 45(4)(h) of the Act. $4,000.00 of these costs shall be paid prior to Mr. Rodgers’ return to practice after his suspension. The remaining amounts will be paid in 12 equal monthly installments starting on October 1, 2022. A failure to make a monthly payment shall result in automatic suspension from practice until such payment is made.
- The Panel retains jurisdiction over the implementation of this Resolution and future applications, if any, to vary the commencement date of the suspension.