SYDNEY, N.S. — A suspended Cape Breton lawyer has filed a civil action in opposition to the overall body governing his profession claiming negligence in how his suspension was taken care of.
Thomas James (T.J.) McKeough was suspended for 10 months, beginning March 1, by the Nova Scotia Barristers Society right after admitting to breaches of the society’s Authorized Occupation Act.
The suspension came only months soon after his former boss, Nash Brogan, was also suspended for six months soon after admitting to numerous breaches underneath the society’s code of qualified carry out and the profession act. Brogan’s suspension finished earlier this thirty day period.
McKeough was Brogan’s articling clerk prior to becoming a member of him in apply.
In his statement of assert, McKeough, who is representing himself, will make a number of allegations none of which have however to be tested in court. The society has not but submitted a defence.
McKeough contends that as a final result of carelessness and systematic failings by the society, he has suffered sizeable individual injuries, loss and hurt.
He statements that all through the society’s investigation section of complainants designed versus him, the modern society hired a different Sydney law firm, Guy LaFosse, to interview McKeough in spite of McKeough’s objection that he experienced a damaging previous with LaFosse and ongoing to work on conditions wherever LaFosse was opposing counsel.
McKeough alleges the culture failed to appropriately investigate allegations of inappropriate handling of situations in Brogan’s place of work in failing to interview the previous workplace administrative assistant.
Also, he promises, the culture did not make contact with a previous shopper to verify that Brogan experienced threatened the client more than an unflattering online overview and a further shopper about info supplied to them by Brogan that was wrong.
Additional, McKeough promises that the modern society allowed Brogan to lie about McKeough at Brogan’s disciplinary hearing and that modern society counsel Bernadine MacAulay stated she realized Brogan was lying but chose not to item.
McKeough also promises the society did almost nothing versus the statements he made towards Brogan for points like talking negatively about him to other attorneys and purchasers, bodily assaults and uttering threats at the courthouse and making statements that he was heading to destroy McKeough’s daily life.
The Sydney Mines resident more statements the culture is ineffective when it arrives to checking its customers by not conducting standard place of work checks, only acting on formal complaints which he alleges creates a method that can be manipulated by 1 member against a further.
He also questioned the worth of acquiring young attorneys report to senior legal professionals even with the ability imbalance and the self-governing responsibility on attorneys to report infractions by other lawyers opens them to adverse consequences from other culture users.
“The plaintiff (McKeough) states that the defendant’s program of users self-governing generates an environment the place senior lawyers have a disproportionate stage of affect above young legal professionals and immunity to the disciplinary procedure.”
In referencing “an outdated boys club,” McKeough claimed an incident from 2013 about a assembly involving Brogan, two prosecutors and a Supreme Court docket decide.
Through that conference, McKeough said the judge (not recognized in the claim) informed a tale about unwittingly attending a perform in New York that was ‘about faggots’ and leaving at intermission for the reason that he did not assist this sort of a theme. McKeough said no complaint was at any time filed from the choose.
McKeough claimed as a final result of the society’s dealing with of his scenario, he has suffered mental distress, diminished good quality of lifestyle and is not able to participate absolutely in his common everyday living procedures.