Lyle Howe's adjournment request for disciplinary hearing denied

SuspendedlawyerLyle Howe failed Mondayin his latest bid to adjourn his disciplinary hearing before a panel of the Nova Scotia Barristers' Society.

He brought a note from his doctor that saidHowe suffers from "acute adjustment reaction" brought on by all the pressures in his life.

The doctor, Andrea MacDonald, testified at the hearing that she felt Howe needed a break from the pressures and shedid not believe hecould adequately defend himself.

Multiple stresses

Howe cited stresses in his life, including the loss of his job, new allegations made against him by the society, the ongoing hearing and the birth of his second child. Howe said he's having difficulty meeting demands from the society to respond to the latest allegations against him.

Howe requested an indefinite adjournment after the barristers' society hearing into allegations ofprofessional misconduct and professional incompetence resumed Mondayfollowing a month-long break.

Howe also pointed out his co-counsel, Jeanne Sumbu, is going on maternity leave later this month.

Counsel for the society countered that Howe made his first request for an adjournment last September. Marjorie Hickey said Howe has made 10 such requests in the intervening year.

The hearing into Howe's conductstarted last fall and the three-member panel is now looking at dates into December.

• Suspended lawyer Lyle Howe says he's 'verging on rage' about disciplinary process

Panel rejects request

After about an hour's deliberation, the panel rejected Howe's request for an adjournment.

However, the panel also said on days when his legal team wasn't available, he would not be required to represent himself alone, in recognition of his condition. For that reason, the hearing will not sit Thursday as Sumbu is not available.

Once his adjournment request was dealt with, the panel tried to get the hearing back on track. But scheduling conflicts for the list of lawyers Howe wants to subpoena makes it unclearwho will show up, or when.

The panel expressed exasperation that the subpoenas were only sent out last week.

Wife under investigation

Panel chair Ron MacDonald said if lawyers show up this week to testify, they will be scheduled. But he said if they don't, new subpoenas will not be issued.

Judge Elizabeth Buckle is tentatively scheduled to testify in November. Howe is expected to take the stand in his own defence some time after that.

Lyle Howe's wife and law partnerLaura McCarthy is also under investigation by the barristers' society. McCarthy herself disclosed that during testimony in September.

The society sought a publication ban on that information, which the CBC opposed. Today, the society and McCarthy indicated they were no longer seeking a publication ban.

The CBC'sBlair Rhodes live bloggedthe hearing: