Suspended lawyer Lyle Howe testifies in own defence

Suspended Halifax lawyer Lyle Howe testified in his own defence Monday at his disciplinary hearing, denying the first complaint against him while acknowledging he came "close to the line" in another case and that early in his career he was intent on taking on lots of clients and making money.

The Nova Scotia Barristers' Society accuses Howe of professional misconduct and professional incompetence. If he's found guilty, he could be disbarred.

Howe is expected to testify before the three-member panel again for two days this week and a couple of days next week. He began Monday by responding to individual complaints against him.

Guilty plea

In one case, a woman who was charged with assault and assault with a weapon accused Howe of doing a poor job explaining what her court case would involve.

The woman, whose identity is protected by a publication ban, said she was willing to plead guilty to the assault charge, but later learned Howe had instead entered a guilty plea to assault with a weapon.

Howe testified Monday the woman's main goal was to avoid a criminal record. He disputed her version of events, and said he kept her informed all along and that the prosecution wasn't prepared to accept a guilty plea to the lesser charge.

Conflict of interest

Howe also testified about an allegation of conflict of interest when he tried to represent two accused in the same case.

Howe said he did not see it as a conflict, because he felt the charge against one of the men — attempted murder — would be dropped without a trial. It was.

He told the hearing that based on what he's learned since the incident, he would avoid such potential conflicts in the future. At the time, his goal was to take on many cases, make a lot of money and build his reputation, he testified.

He said his views have changed dramatically since then, to the point where he doesn't even want to practice law in Nova Scotia.

'Close to the line'

Under questioning from members of the panel, Howe said he got "close to the line" in this case, but didn't cross it. He said based on what he knows now, he wouldn't get that close to the line again.

"I'm really tired of constantly defending myself," Howe said, explaining why he wouldn't get into a potential conflict again. Howe said other lawyers get away with these sort of things while he and his wife, who is also a lawyer, do not.

Howe pointed out he's been under suspension for about 18 months of a law career that only began in 2010. Some of that suspension relates to a charge of sexual assault he faced. He was found guilty, but the conviction was overturned on appeal.

Decision in 2017

Howe is currently under a suspension the barristers' society imposed on Sept. 1 after it began investigating new allegations, although no new charges have been laid.

Howe is the last witness scheduled to testify before closing arguments.

The barristers' society panel is determined to finish the hearing by the end of the year. It will then write its decision.

The CBC's Blair Rhodes live blogged from the hearing.