Sydney lawyer suspended 6 months for misconduct and incompetence

A veteran lawyer from Sydney, N.S., has been suspended for six months by the Nova Scotia Barristers' Society after admitting to multiple charges of professional misconduct and professional incompetence.

According to a settlement agreement with the society, the charges against Nash Brogan stem from an investigation that started in 2018 and found Brogan had taken cash deposits from clients and not placed them in trust.

It found he missed at least 17 court dates, allowed his non-lawyer assistant to do legal work with his personal lawyer's passcode, and sent confidential client information to another person.

Brogan, 71, was also in a conflict of interest over a property deal with a close family member, took title to several trailers owned by a client with no good reason and refused to return them, and was abusive and offensive in communication with another lawyer.

Brogan sat quietly and looked off camera through most of the Zoom hearing on Tuesday, occasionally leaning over to converse with his lawyer, Chris Conohan, of the Sydney, N.S., firm Khattar and Khattar.

Panel accepts settlement agreement

Conohan said his client admits to all of the charges and has taken steps from the beginning to co-operate with the society and to fix the problems with his practice.

The hearing lasted a little over an hour. After a short break, the panel decided to accept the settlement agreement.

Bernadine MacAulay, counsel for the bar society, said the agreement recognizes the seriousness of the charges, the impact on Brogan's clients and upholds the society's public reputation.

She also said the six-month suspension is in the mid-range of suspensions handed out recently.

Conohan said Brogan hopes to practise law again after serving the six-month suspension.