Lyle Howe's disciplinary hearing called off for the week
Nova Scotia Barristers' Society accuses Howe of professional incompetence and professional misconduct
The disciplinary hearing for Halifax defence lawyer Lyle Howe briefly resumed in Halifax on Monday morning before the three-member panel agreed to adjourn it until a later date.
Howe is accused of professional misconduct and professional incompetence and faces seven charges in total. If found guilty, he could be disbarred.
This morning, lawyers for the Nova Scotia Barristers' Society asked to adjourn the hearing, which was scheduled to run for four days this week.
"It's clear this hearing has become a very adversarial process," said Marjorie Hickey, the lawyer for the society.
Hickey said Howe has signed an undertaking, but neither she nor Howe would reveal what that undertaking contains, even when asked by the disciplinary panel. An undertaking is typically a promise signed by a party.
Howe said revealing the undertaking would be prejudicial. Hickey said the undertaking, coupled with talks that will continue outside of the hearing process, could resolve the issues the society has with Howe's law practice.
More lawyers get involved
The break in the process came after two prominent Nova Scotia defence lawyers got involved on Howe's behalf. Craig Garson and Phil Star met with Howe on Thursday. Hickey said Garson and Star's input helped the two sides approach a resolution.
The panel was reluctant to give up hearing dates, however, because of the slow progress of the hearing to date. The panel has blocked off three more weeks for the hearing, if necessary. Those dates extend into July.
It was expected that the committee of the Nova Scotia Barristers' Society would be deciding whether to drop one of the charges against Howe on Monday morning.
Last week, Howe said the society failed to follow proper procedure in one of the charges it laid against him relating to how he behaved after his practice was placed in receivership. That move followed Howe's conviction for sexual assault, a verdict that has since been overturned on appeal.
Howe and the legal team for the society had planned to submit written arguments on Howe's motion to quash the charge before the hearing resumed this morning,
The chair of the disciplinary hearing, Ron MacDonald, also said the panel would be considering whether judges can be subpoenaed.
The hearing began in December and continued for four days last week.