Bipolar Condition Mitigates Sanction

The Iowa Supreme Court has imposed an indefinite suspension of not less than 60 days of an attorney whose bipolar condition contributed to her misconduct.

She had been in solo practice.

While coping with the stress of [her husband’s] immigration issue and the bipolar disorder, [the attorney] drank alcohol heavily and frequently in October 2013. Her life very quickly spun out of control, and by December her daily routine consisted only of buying alcohol, drinking alcohol, and sleeping. She did not open her mail, and she stopped responding to all communication from clients, opposing attorneys, court staff and judges, and the Board.

In January 2014, [she] sought medical assistance for detoxification. She received inpatient alcohol treatment in Waterloo and outpatient treatment in Decorah. In August 2014, [she] moved to West Des Moines so that she could be closer to a more robust support system and live in a bigger market for legal employment. She attends weekly support group meetings and has become an active church congregant there. She has also received helpful assistance from the Iowa Lawyers Assistance Program (ILAP). She has not consumed alcohol in over a year and has not practiced law since fall 2013. She currently holds a part-time job in retail customer service, but she hopes to resume practicing criminal law in the near future as an assistant county attorney, a private criminal defense attorney, or a public defender.

There were four counts of misconduct

The [disciplinary] commission found [her] lack of disciplinary history, alcoholism, and bipolar disorder to be significant mitigating factors. It also commended her for taking full responsibility and expressing remorse.

The court noted that a dozen clients had been affected by the ethics lapses. She must comply with treatment conditions to secure reinstatement. (Mike Frisch)