Drawing The Line

One interesting aspect of yesterday’s post regarding the Nebraska case was that the court there treated the attorney’s recovery from substance abuse as a mitigating factor even though the attorney used cocaine as well as alcohol. The D.C. Court of Appeals has declined to treat abuse of illegal substances as a basis to mitigate sanction, reasoning that illegal conduct should not work to the benefit of a lawyer who has violated ethical standards.

Note: the lawyer in this linked case was recently sent to jail for contempt of court, as he had continued to practice law after disbarment. (Mike Frisch)