Judge tells Lyle Howe hearing of frustrations with law society
Judge Elizabeth Buckle investigated Howe's practice before she was appointed to the bench
A Nova Scotia provincial court judge said Wednesday she's been frustrated over the years with how the Nova Scotia Barristers' Society failed to act on concerns about the behaviour of some lawyers.
Judge Elizabeth Buckle was testifying at the disciplinary hearing for suspended Halifax defence lawyer Lyle Howe, who is accused of professional misconduct and professional incompetence.
Before she was appointed to the bench, Buckle was one of a number of senior lawyers the society asked to examine Howe's practice prior to him being charged.
'I'm not happy you're here, I'm not happy I'm here'
Buckle had a career in criminal law spanning more than two decades and served as president of the Nova Scotia Criminal Lawyers Association.
She told Howe's inquiry she saw cases where she felt the conduct of other lawyers should be investigated, but that the society wouldn't act without a formal complaint. She never lodged a formal complaint herself against another lawyer.
Buckle voiced concerns about the whole process.
"I wish there was a better way for dealing with all this," Buckle said to Howe during her testimony. "I'm not happy you're here, I'm not happy I'm here."
Serious problems with Howe's practice
Howe's questioning of Buckle at his disciplinary hearing was confined to her work for the society and her time prior to being appointed a judge.
Howe questioned Buckle about whether race played a role in the investigations against him. She said it was possible, but she saw no evidence of it.
She said when she looked at his practice, she saw serious problems that had nothing to do with race. Buckle identified three issues in particular: lack of candour with the court, conflict of interest and attempting to take on matters that were beyond Howe's experience.
Buckle wanted Howe to succeed
She said the problems went far beyond double-booking, which has been identified at the hearing as a recurring issue with Howe's practice.
Buckle said she wanted Howe to succeed, and in her role with the Criminal Lawyers Association she reached out to Howe to invite him to meetings and seminars. She said he never responded. Buckle said she wanted all junior lawyers to succeed and wasn't afraid of the competition.
Earlier in the hearing, Howe accused other lawyers of being afraid of the competition he represented.
Buckle was one of the final witnesses to testify at Howe's hearing. It has now adjourned until early December when Howe himself is expected to testify.
The hearing started last year and the three-member panel has been hearing evidence off and on for weeks since then. The panel wants to close the hearing portion of its work next month.
Blair Rhodes live blogged from the hearing.