Tie Gesture Draws Reprimand

An attorney admitted in 1974 has accepted a reprimand by the Nova Scotia Barristers’ Society.

During settlement negotiations in a domestic case

At the outset of the Settlement Conference continuation on January 27, 2020, opposing counsel noted the issues of concern to her client. She asked to caucus with the Justice to further discuss the issue of the property subdivision.

When all parties came back into the room, the Justice indicated that he would have the property subdivided so that the wife received a larger portion of the property than Mr. MacIsaac’s client. The Justice then asked the parties to come back in February to finalize matters.

Opposing counsel alleged that after the Justice left the room, she and Mr. MacIsaac started to review the provisions that the Justice had outlined. Mr. MacIsaac interrupted her and said, “I thought we had an agreement. If that’s how you want to practice, that’s fine. If I did what you did, I would take my tie and hang myself.” He made a gesture with his tie, pulling it towards the ceiling and holding it up. Both of the clients were still in the room.

His response to the bar committee

Mr. MacIsaac acknowledged that he may have touched his tie when he made the statement but denied making a gesture of hanging himself with his tie or suggesting that opposing counsel should hang herself.

But

The Complaints Investigation Committee reviewed this matter on May 19, 2022, and concluded that the evidence on file that could reasonably be believed supported a finding of professional misconduct.

He admitted the charge

Mr. MacIsaac has a significant prior discipline history that includes three separate Reprimands by a Hearing Panel in 1990, 2001 and 2005, and received a two month suspension by a Hearing Panel in 2014.

(Mike Frisch)