Probation For Alcohol-Related Misconduct

The Oklahoma Supreme Court imposed a public reprimand and probation for two years a one day with conditions in a case where the attorney had engaged in a series of criminal violations as a result of his alcoholism. In one instance, the attorney was incarcerated with a current client who had a pending felony DUI charge. The court rejected disciplinary counsel’s request for disbarment, explaining:

“The Respondent has admitted thathe is an alcoholic and he has stipulated to his past transgressions. Hehas sought help, though only after the bar complaint was filed. He hasreceived good reports on his treatment and his participation in AA andcounseling. He urges anyone to turn him in if he starts to drink again,and he has agreed to obtain inpatient treatment if that happens. Mr.McBride has expressed his remorse and his shame for his behavior. Mr.McBride was very candid with the tribunal. Against the advice of hisattorneys, he refused to take the Fifth Amendment with regard to thetestimony surrounding the DUI pending in Cleveland County, Oklahoma.The Respondent testified fully and freely about that arrest and theTrial Panel watched an hour-long highway patrol video of theRespondent’s arrest, which did not show the Respondent in a good light.The Respondent stipulated that the highway patrol trooper’s testimony,as well as the testimony of the off-duty police officer who called itin, would be as reflected in their reports and in the video.

[Respondent] was scheduled torepresent two clients in court the day after his arrest and he arrangedfrom jail for another lawyer to represent them. The trial panel feltthat this showed that clients were affected by Respondent’salcohol-related crimes. We feel, however, that it is also toRespondent’s credit that he arranged for his clients to be representedwhen he was unable to be there. It is to the Respondent’s credit thathe has wholeheartedly embraced sobriety and has done everythingrequired of him and more in order to maintain sobriety.

Discipline imposed in cases involving alcohol-related crimes has ranged from the severe, when coupled with harm to clients,to censure, when no clients were involved. Probationary periods haveoften been imposed in cases of alcohol-related offenses. Whilealcoholism alone is not enough to mitigate discipline, the fact that anattorney recognized his or her problem, sought and cooperated intreatment and was willing to undergo supervision has convinced theCourt that severe discipline need not be imposed. ”