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Nova Scotia

Lyle Howe says other lawyers think he's a 'rascal and knucklehead'

The Halifax defence lawyer is accused of professional misconduct and professional incompetence.

Defence case continues Wednesday

Lyle Howe started his defence case last week, but wanted this week's proceedings adjourned because his legal team has been depleted by illness. (The Canadian Press)

Lyle Howe says other lawyers think of him as a "rascal and a knucklehead" and they single him out because of it.

Howe made the comments Tuesday at his disciplinary hearing before a panel of the Nova Scotia Barristers' Society. The society has accused Howe of professional misconduct and professional incompetence. If found guilty, he could be disbarred.

Howe maintains his conduct is no different than other lawyers, but that he's singled out for more criticism because he's black, which has led to the charges against him.

Howe made the knucklehead comment while questioning another Halifax lawyer, Luke Craggs. Craggs has been in practice for 13 years and was hired by the barristers' society to investigate a recent incident involving Howe.

Holding cells drama

In June, Howe was double-booked,scheduled to conduct a sentencing hearing in Nova Scotia'sSupreme Court at the same time he was testifying on another matter across town in provincial court.

Howe questioned Craggs about what other lawyers thought of him.

The questioning focused on a policy change at the holding cells in the Dartmouth courthouse:Lawyers used to be able to meet with inmates in their cells, but Craggs saidsome lawyers complained that Howe was using his access to inmates to try to drum up new business. Craggs stressed that his information was all hearsay.

Craggs said because of complaintsHowe was prevented from meeting inmates in their cells.When Howe complained that the change was discriminatory, it was extended to all lawyers.

'Where's Mr. Howe?'

Craggs told the disciplinary hearing that the change slowed things down considerably, as two sheriffs are now required to escort inmates to and from meetings with lawyers, which are held in a separate room. Craggs says some lawyers blamed Howe for the change and resulting delays.

Craggs also told of an incident where he was working as duty legal aid counsel andwas able to negotiate with the Crown for the release of a man in custody. But, Craggs says,the inmate replied that Howe had told him he couldn't be released unless he paid Howea retainer of $1,500.

Craggs said there was a period where the recurring theme in courthouses around Halifax was "Where's Mr. Howe?", but that Howedoesn't seem to be in as big a rush now.

Craggs was the second witness scheduled to testify on Tuesday.

Hearing could stretch for months more

The first, lawyer Brian Bailey, was released without taking the stand. Howe has complained that some witnesses, including Bailey, have refused to speak with him before they testify. Since he doesn't know what they're going to say, Howe told the disciplinary panel there was no point in putting them on the stand.

He's now having his legal team contact people on his witness list to see whether they will talk to him ahead of testifying. Howe says, depending on the outcome,his witness list could be reduced significantly.

The hearing is scheduled to run until Thursday of this week.There are two additional dates in September, and a block of days are being considered in October. Panel chair Ron MacDonald said the hearing could extend into November.

The hearing started late last year.

The CBC's Blair Rhodes livebloggedfrom the hearing.