N.S. Barristers' Society recommends Adam Rodgers be disbarred

The Nova Scotia Barristers' Society is calling for the disbarment of a Port Hawkesbury lawyer recently found guilty of professional misconduct for his role in the collapse of his law firm.

Society counsel Bernadine MacAulaytold a disciplinary panel Monday that disbarment is the only option for dealing with Adam Rodgers, whosefirm shut down after he allegedly discovered his law partner was misappropriating funds.

MacAuley saidher recommendation is not to punish Rodgers, but to protect the public and upholdits trust in the legal profession.

Rodgers, who has described himself as a victim of his former law partner, said the society's recommendation is "comically absurd" and thatan official reprimand would be more appropriate.

Alleged theft from clients

Rodgers and his former law partner, Jason Boudrot, ranthe Boudrot Rodgers firm in Port Hawkesbury until October 2018. That's when Rodgers alleged he discovered Boudrotwas stealing from clients' trust accounts.

The barristers' society reached a settlement agreement with Boudrot in September 2019. While Boudrotdid not admit guilt, he agreed to be disbarred.

The RCMP has launched a criminal investigation into Boudrot's activities, but no charges have been laid. An RCMP officer has been monitoring the disciplinary process against Rodgers.

The society argued duringRodgers's disciplinary hearing that heshould have known what his partner was doing and should have taken steps to prevent the misappropriation of funds.

'Willful blindness and recklessness'

In a written decision last month, the disciplinary panel said it did not believe Rodgersmisappropriated funds or helped Boudrot do so.

However, it found Rodgers guilty of professional misconduct, saying he aided his former partner "through hiswillful blindness and recklessness and thereby failed to preserve and protect clients' property."

Rodgers admitted to the panel that he could have done more, butsuggestedhe is being unfairly singled outand is being treated more severely than Boudrot. He said his actions could be used as an example of how to react in a crisis like the one his firm faced.

Rodgers said he'shad to declare personal bankruptcyand is still under restrictions imposed by the society, including that he pay to have another lawyer supervise his practice.

Representing Desmond family

He said he still has the support of his community and has been earning new clients while his case makesits way through the system.

Rodgers is representing the family of Lionel Desmond in thefatality inquiry into the deaths of Desmond, his wife, daughter and mother-in-law.

The inquiry's public hearings are scheduled to resume next week in Port Hawkesbury.

The disciplinary panel of the Nova Scotia Barristers' Societyhas 30 days to issue its decision on whether Rodgers should be disbarred.

Rodgers said the panelshould award him costs for what he has endured. The society has asked for costs from Rodgers of around $30,000.