A Histrionic Man Recovers And Is Granted Probation

The Kansas Supreme Court has ordered probation for three years of an attorney

The respondent represented an active military service member in two cases: a protection from abuse action and a divorce action. Debra Snider represented the wife in the two cases. “

In January, 2013, outside a courtroom in the Leavenworth County District Courthouse, the respondent yelled at Ms. Snider. The respondent then explained that he was not upset with Ms. Snider, but was angry at another lawyer in a different case. The respondent explained to Ms. Snider that the moral of the story was ‘don’t fuck with me.’ “

Things just went downhill from there.

After a hearing

During the conversation, Ms. Snider ‘rolled her eyes’ at something the respondent said. The respondent became angry and called Ms. Snider a liar. The respondent stated that there was only one other lawyer in Leavenworth County that was more dishonest than Ms. Snider. “

The respondent told Ms. Snider that she was nothing but a histrionic woman. During the conversation, the respondent raised his voice, he was very close to Ms. Snider, and he was jabbing at her with his finger. The respondent called Ms. Snider a ‘newbie’ as she has not been practicing very long in the Leavenworth area. “

Ms. Snider feared that the respondent might attack her. Judge Wiley’s administrative assistant also feared that the respondent might attack Ms. Snider. As the incident progressed, the respondent leaned very close to Ms. Snider and stated, ‘why don’t you just grow a pair and punch me.’ Ms. Snider told the respondent that he should consider self-reporting his behavior to the disciplinary administrator.

There were other issues in other matters

 On one occasion, after Judge Wiley announced a decision from the bench which was adverse to the respondent’s client, the respondent followed the judge to his chambers and stated, ‘It’s a good thing that you are still wearing that robe.’ When Judge Wiley asked the respondent what he meant by that the respondent said, ‘Why don’t you take it off and step out here and I’ll show you?’ The respondent’s tone was hostile and angry and Judge Wiley perceived these words as a threat. “

On another occasion, the respondent confronted Clinton Lee, an attorney, in front of Judge Wiley’s administrative assistant’s desk. The respondent and Mr. Lee had a heated exchange about a case. The exchange ended when the respondent threatened to ‘kick Mr. Lee’s ass.’ Judge Wiley’s administrative assistant was frightened for her safety and the safety of Mr. Lee. “

At a pre-trial conference, the respondent told opposing counsel to ‘go jump in a lake.’ “

After receiving an adverse ruling in court, the respondent made the following statement to the judge, ‘You are the poster child for judicial elections.’ The statement was made at a time when there was a movement to alter the method by which judges are chosen in Leavenworth County.”

This client communication did not comport with applicable standards of behavior

…K.B. called the respondent on the telephone. K.B. was upset that he was just finding out about the hearing scheduled for January 3, 2013. During the telephone conversation, the respondent ‘went off’ on K.B. The respondent told K.B. that K.B. would do what the respondent told him to do. The respondent called K.B. a ‘son-of-a-bitch’ and a ‘motherfucker.’ K.B. hung up on the respondent.

The underlying issue

Christy Blanchard, Ph.D., evaluated the respondent. She concluded that the respondent suffered from generalized anxiety disorder, depressive disorder not otherwise specified, attention deficit hyperactivity disorder not otherwise specified, and narcissistic personality disorder with obsessive compulsive personality disorder traits.

He sought inpatient treatment and has worked hard at addressing his behavior issues.

From a treating therapist

‘Mr. Clothier is an example of how much difference a focused, intensive treatment program followed by a personalized aftercare plan can make in the life of a professional who is highly intelligent, motivated, and cooperative with his treaters. ‘In the last 15 months, the “night and day” difference in his appearance, demeanor, and behavior is striking. He now listens. He accepts responsibility. He acknowledges risk. He is keen to observe the impact his behavior is having on others. Even his visage and mannerisms have changed, as he has become softer, more emotionally aware, more kindly, more empathic. Gone are the characteristic expressions of defiance, suspicion, dismissiveness, and accusatory anger. ‘Mr. Clothier is a treatment success story, and the chances of his relapsing into behaviors like those that got him into difficulty appear to be minimal. With his aftercare supports in place, I believe he is fit to engage in the fulltime practice of law.’

The court surveyed the various incidents and efforts to deal with the problem

 In this case, the respondent developed a workable, substantial, and detailed plan of probation. The respondent put the proposed plan of probation into effect well in advance of the panel’s hearing and has complied with its terms and conditions ever since. Further, the hearing panel concluded that the misconduct can be corrected by the proposed probation and that it is in the best interests of the legal profession and the citizens of Kansas to place the respondent on probation subject to the plan’s strict terms and conditions. Finally, the Disciplinary Administrator, at oral argument before this court, recognized the extraordinary efforts made by the respondent in his recovery and fulfilling the requirements of probation by submitting a plan that provides for considerably more and stricter conditions than is required.

(Mike Frisch)