Second Time Secures Reinstatement

A second effort at reinstatement worked for an attorney suspended for inappropriate sexual comments, advances and relations involving several clients.

The original January 2012 order of suspension was for four years.

The earlier denial is linked here.

From the suspension order

Defendant’s victims were vulnerable not just in terms of their legal status but also with respect to their economic status. Defendant was appointed by the court to represent Ms. J., Ms. E., and Mr. R, who did not have the financial means to fire him and retain another attorney. Defendant’s other clients also had similar financial constraints. Defendant’s behavior left these clients with few options regarding representation.

Defendant’s conduct toward his clients was purposeful and was of a nature that it would be obvious to Defendant that the conduct was exploitive of his clients’ trust and reliance upon him and from which a conflict of interest would inherently arise.

This took place with the wife of a client facing criminal charges

In or about early 2007, Defendant repeatedly contacted Mrs. R. During those conversations and/or meetings, Defendant resumed his advances toward Mrs. R., asking her to go away with him for the night to Cherokee, trying to convince her to have sex with him, and masturbating in her presence at his residence.

These findings led to his return to practice

By the terms of the Order, the burden of proof is on Kivett to show by clear and convincing evidence that he complied with the provisions set forth in the Order.

Kivett submitted to comprehensive psychiatric or psychological evaluations, at Kivett’s sole expense, by two separate psychiatrists or psychologists (Dr. Anthony Sciara and Roger Wallace, M.A.) who specialize in treating sexual offenders in the professions and who were approved in advance by the Office of Counsel for the North Carolina State Bar.

Kivett submitted with his petition a re-evaluation report from Anthony D. Sciara, Ph.D., ABPP, CLCP. Dr. Sciara testified at the hearing in this matter.

Dr. Sciara is of the opinion that Kivett does not suffer from any condition that would cause him to be predisposed to engage in inappropriate sexual behavior or that he suffers from any mental, psychological or emotional condition that would significantly impair his ability to represent female clients.

Kivett submitted with his petition a Summary of Treatment Services and a verified statement from Roger Wallace, M.A. Kivett submitted into evidence at the hearing an affidavit signed by Mr. Wallace.

Kivett followed all the recommendations of Dr. Sciara and underwent the treatment recommended by Mr. Wallace.

 Mr. Wallace is of the opinion that Kivett does not now suffer from any condition creating a predisposition for inappropriate sexual behavior and that Kivett does not suffer from any mental, psychological or emotional condition that significantly impairs his professional judgment, performance, or competence in the representation of female clients.

It does not appear that continued treatment is a condition of reinstatement. (Mike Frisch)