Treatment And Recovery Secures Return To Practice

The Massachusetts Supreme Judicial Court has reinstated an attorney suspended in 2008, concluding that he has dealt with the problems that caused his misconduct.

He has demonstrated the required competence and learning in the law. He has demonstrated moral reform, as well as a support system to assist in maintaining his recovery from the depression and substance abuse that was at  the root of his misconduct. He has provided ample evidence he 1~ again worthy of the public trust. Based on these findings and our conclusion that the petitioner’s reinstatement will not be · detrimental to the public welfare, the standing of the bar, and the administration of justice, we recommend that the petition for reinstatement…be allowed, on certain conditions.

The misconduct involved neglect of a personal injury matter, escrow violations and failure to cooperate with bar counsel.

He stipulated to a 2 1/2 year suspension.

The cause

The petitioner’s wife was diagnosed with stage 4 breast cancer in the fall of 2003.  At the time, the wife was 36 years old.  The petitioner and his wife had a daughter who was then just under the age of two.  Around 2009, the cancer metastasized to her brain.  Because of this, the petitioner became depressed, which he recognized in 2005 or 2006. As a result, he was “~ticking his head in the sand” and not paying attention to the fact that he was not getting mail in his cases.  In 2006, the petitioner began using his wife’s opiates, which continued until shortly after her death in 2013.  During that time, he tried several times to stop using drugs; each time was with the assistance of a physician and at least one occasion included an in-patient hospitalization. 

Shortly after his wife’s death in September 2013, petitioner sought treatment for depression and drug addiction.

He has maintained sobriety and responded well to his treatment for depression.

As evidence that the petitioner was committed to overcoming his addiction and is unlikely to relapse, Dr. Cherney pointed to the following: when the petitioner’s wife died, it would have been very easy for him to continue taking drugs. (petitioner; when his wife died, there was a “huge stockpile” of her drugs in the house). Likewise, when the petitioner’s daughter was sent home with drugs after both of her surgeries, he did not use them. 

 Cites to the transcript have been omitted. (Mike Frisch)