Lyle Howe's caseload 'overwhelming,' Robert Hagell testifies

One of the lawyers who dealt with Lyle Howe's clients when the defence lawyer's practice was placed in receivership described Howe's caseload as "overwhelming" Tuesday at a hearing in Halifax.

Robert Hagell questioned whether even two lawyers could juggle the number of cases Howe had on his calendar.

Hagell is testifying before a panel at a disciplinary hearing of the Nova Scotia Barristers' Society. The society has charged Howe with professional misconduct and professional incompetence.

Calendar jammed with court dates

Hagell is based in Elmsdale, N.S., and has an extensive history as both a Crown prosecutor and defence lawyer. He was brought in to help handle court appearances for Howe's clients in the immediate aftermath of Howe's practice being placed in receivership.

That happened in the summer of 2014 after Howe was convicted of sexual assault; a conviction that was subsequently overturned on appeal.

Hagell told the panel about court dates he covered in June 2014. He said Howe's calendar had him scheduled for up to nine cases in one day, including trials.The matters were spread through courtrooms in Halifax, Dartmouth, Truro and Windsor.

"I don't see how this could be done," Hagell said.

Calendar shared with wife, Howe says

But Howe said he shared his court calendar with his wife, Laura McCarthy, who continued to practise law while he was suspended from practising.

Howe said if he's forced to prove which clients were his and which were McCarthy's, a lot more witnesses will have to be called and more dates will have to be added to this hearing.

The hearing started last fall, resumed for some days in January and started again last week. Dates have tentatively been scheduled into 2017.

Howe also said he had up to three other lawyers working with him to help deal with scheduling conflicts. One of the principalallegations against Howe is that he was double-booked on several occasions, causing delays and disruptions in several courtrooms.

Alleged systemic racism

Howe has alleged he is a victim of systemic racism. He says the complaints that form the basis of the society's hearing are unfair, because other lawyers do the same things without penalty.

Howe also accused Hagell of taking some of Howe's clients while Howe was suspended.

He said one client, whose name is protected by a publication ban, originally retained Howe and then had Hagell represent him before switching back. Howe contends Hagel should not have taken the client.

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