Jim White, prominent N.S. lawyer, agrees to one month suspension

The Nova Scotia Barristers’ Society has disciplined the two members of a Windsor law firm for the way they handled money.

Debbi Bowes and Jim White are the lawyers at the firm How Lawrence White Bowes.

In a settlement agreement reached Wednesday with the society, White admitted to professional misconduct. He will be suspended from practising law for the month of March and will be unable to hire an articled clerk for two years.

Bowes was reprimanded by the society last month. She’s also banned from hiring a clerk.

Their problems began when they suspected an employee was stealing from the firm.

When the RCMP started an investigation, the employee, 28-year-old Jillian Christine Smith of Falmouth, detailed irregularities in the firm’s practices. RCMP took that information to the barristers’ society, which launched its own investigation.

Police have since charged Smith with fraud and forgery. The firm alleges she stole more than $40,000. She’s due in court in March to enter a plea.

In its decision on Bowes, the society found she failed to properly record cash payments from clients and also failed to remit taxes on those payments.

White admitted to the same improper practices. But he was also cited for his handling of a friend’s estate.

White’s disciplinary hearing was told that in his role as executor of the estate - which was only identified as “W” - he took money for himself, without following proper procedures. White also allowed the sale of a house from the estate to his son and daughter-in-law. The house was sold at below market value and White failed to disclose he was in a conflict of interest.

“It's a two-person firm,” said Victoria Rees, the society’s director of professional responsibility.

“And sometimes in small firms, there can be policies and procedures that lawyers follow which essentially ends up with both of them being found to be in violation of their ethical rules.”

White’s hearing was told that at the time he was handling the W estate, his wife was dying of ALS and he was under a lot of stress.

“We’re not going to say that because you have stress in your life, it excuses unethical conduct,” said lawyer Kim Turner, who presented the settlement agreement to the disciplinary hearing.

The three-member panel deliberated for about 15 minutes before agreeing to accept the recommendations.

In addition to his suspension and ban on hiring an articled clerk, White must pay the cost of the inquiry, which is about $15,000.