Judge tells Lyle Howe hearing of frustrations with law society

A Nova Scotia provincial court judge said Wednesday she's been frustrated over the years with howthe Nova Scotia Barristers' Societyfailed to act onconcerns about the behaviour ofsome lawyers.

Judge Elizabeth Buckle was testifying at the disciplinary hearing for suspended Halifax defence lawyer LyleHowe, who is accused of professional misconduct and professional incompetence.

Before she was appointed to the bench, Buckle was one of a number of senior lawyers the society asked to examineHowe'spractice prior to him being charged.

'I'm not happy you're here, I'm not happy I'm here'

Buckle had a career in criminal law spanning more than two decades and served as president of the Nova Scotia Criminal Lawyers Association.

She toldHowe'sinquiry she saw cases where she felt the conduct of otherlawyersshould be investigated, but that the society wouldn't act without a formal complaint. She never lodged a formal complaint herself against another lawyer.

Buckle voiced concerns about the whole process.

"I wish there was a better way for dealing with all this," Buckle said toHoweduring her testimony."I'm not happy you're here, I'm not happy I'm here."

Serious problems with Howe's practice

Howe'squestioning of Buckle at his disciplinary hearing was confined to her work for the societyand her time prior to being appointed a judge.

Howequestioned Buckle about whether race played a role in the investigations against him. She said it was possible, but she saw no evidence of it.

She said when she looked at his practice, she saw serious problems that had nothing to do with race. Buckle identified three issues in particular: lack of candour with the court, conflict of interest and attempting to take on matters that were beyond Howe's experience.

Buckle wantedHoweto succeed

She said the problems went far beyond double-booking, which has been identified at thehearing as a recurring issue withHowe'spractice.

Buckle said she wantedHoweto succeed, and in her role with the Criminal LawyersAssociation she reached out toHoweto invite him to meetings and seminars. She said he never responded. Buckle said shewanted all junior lawyers to succeed and wasn't afraid of the competition.

Earlier in the hearing,Howeaccused other lawyers of being afraid of the competition he represented.

Buckle was one of the final witnesses to testify atHowe'shearing. It has now adjourned until early December whenHowehimself is expected to testify.

The hearing started last year and the three-member panel has been hearing evidence off and on for weeks since then. The panel wants to close the hearing portion of its work next month.

Blair Rhodeslive bloggedfrom the hearing.