Commitment To Sobriety Leads To Reinstatement
The Pennsylvania Supreme Court has granted reinstatement to an attorney suspended since 2010.
The misconduct involved a third DUI and mishandling of estate assets.
He offered persuasive evidence that alcoholism had led to the misconduct and that he has been sober and active in recovery programs since 2008.
The Disciplinary Board
Petitioner is not currently at risk for relapse, based upon his history of treatment and recovery, including the diagnosis of full sustained remission after 15 months of sobriety, as well as his ability to tolerate and cope with significant facts involving loss and an increase in stress without reverting back to addictive behaviors and/or addictive use…
Petitioner presented the testimony of his former wife, two adult children, attorneys and friends, all of whom credibly testified concerning Petitioner’s addiction, acts and omissions, the consequences and ramifications of his conduct, and the steps he has taken to confront his addiction and redress his transgressions, as well as his ongoing recovery…
Despite the fact that his actions resulted in a great number of negative consequences in his life, such as alienation from family, incarceration, health problems, financial issues and suspension from the legal profession, Petitioner considers himself lucky because he has been given the gift of sobriety as a result. N.T. 252-253.
Petitioner regrets the harm that resulted from his actions, and accepts it as being the necessary consequence of the misconduct. N.T. 260. Concerning the matter involving the client estate from which he converted funds, Petitioner sought to contact the executor, who is a Catholic priest and longtime friend of Petitioner, and expressed remorse for his actions and a willingness to make restitution. N.T. 283-285
As a result of his sustained efforts, he is ready to return to practice
By all accounts, Petitioner has been tireless and unwavering in his efforts to address his addiction and regain control of his life. The record is replete with evidence of Petitioner’s significant progress, starting from the time he sought assistance from LCL in 2008 and continuing to the time of the reinstatement hearing. Petitioner has actively participated in inpatient and outpatient treatment, and has displayed consistent and continued attendance at and involvement in AA and LCL. Petitioner’s testimony is very persuasive as to his readiness to resume the practice of law. He credibly described his transformation from addict to recovering addict. Not only has Petitioner actively worked his own recovery, he has transitioned to a place where he is able to assist other addicts. Petitioner is so dedicated to helping others achieve recovery that he was inspired to pursue a new life’s work in the field of addiction counseling. His work at Mirmont Treatment Center is extremely important to him and will remain so after reinstatement, as he hopes to combine his legal expertise with his counseling work.
Petitioner has accepted full responsibility for his misconduct and has demonstrated sincere remorse and regret. Petitioner suffered many negative consequences as a result of his addictive behavior; however, he views these consequences as necessary in that he was able to achieve sobriety. Petitioner has worked to mend fractured relationships with his family, particularly his adult sons, and to be more accountable in his life. Petitioner’s sobriety remains his first priority in life, as he is cognizant that a relapse could signify the loss of hard-won achievements. The record demonstrates that Petitioner has been an effective father, employee, LCL volunteer and member of society since his suspension.
Petitioner’s witnesses wholeheartedly endorse his reinstatement, as they have observed first-hand the extraordinary changes he has made in his life. None of the witnesses have observed a relapse of Petitioner’s sobriety, and each believes that Petitioner will properly balance his legal career with his recovery and be an asset to the legal profession.
(Mike Frisch)