Alcoholism Remission May Mitigate Sanction

A Louisiana Hearing Committee credits remission from alcoholism in proposing a sanction of a stayed 18 month suspension in a matter involving four client complaints

We find that Respondent’s minor but notable compliance issues with the JLAP recovery agreement reveal overall organizational challenges. Clearly, Respondent is a highly gifted practitioner, with decades of experience representing persons facing criminal charges. Moreover, we find that Respondent has provided substantial and valuable services for free or at reduced rates to underserved and under-resourced persons in the context of an underfunded and under-resourced criminal justice system. Having gifted practitioners willing offer the services that Respondent has and can provide would yield great benefits to the Court, legal profession, justice system and society as a whole.

As Respondent embarks upon his relatively young and new journey in sobriety, the committee finds that independent monitoring of the administrative and organizational aspects of Respondent’s practice would offer an important measure of protection to Respondent’s clients and assurances to the Court and legal system that Respondent has made needed organizational adjustments to protect his clients and the legal system from missteps like those seen in the Formal Charges…

In consideration of the jurisprudence, ABA Standards, and facts of this case, particularly the factual testimony of Respondent, Mr. Stockwell and Mr. Rose, we recommend a suspension of eighteen months, fully deferred, with a five year probationary period running concurrently with Respondent’s execution of a new JLAP agreement. We find it particularly important that Respondent enter into a JLAP agreement for the duration recommended by JLAP and the qualified treatment professionals overseeing Respondent’s treatment, which we understand to be five (5) years. In turn, we recommend that successful compliance with the new JLAP agreement should be a condition of his probation and deferral of the period of suspension. In addition, and as a condition of probation and deferred suspension, we recommend that Respondent, in cooperation with ODC, take prompt and reasonable measures to provide a plan for making full restitution to those owed restitution as set forth in Count 1 (Joseph), Count 2 (Washington), Count 3 (Kuhn) and Count 4 (Ulmer); that the maximum time frame for making full restitution run concurrently with Respondent’s recommended new JLAP contract; and that Respondent faithfully execute the restitution plan. Finally, and as an additional condition of probation, given Respondent’s organizational and administrative improvement opportunities, we recommend that a practice monitor be appointed to monitor the organizational and administrative aspects of Respondent’s law practice for a period of one year. 

(Mike Frisch)