Alcoholism Recovery Leads To Stayed Suspension

The Louisiana Supreme Court has ordered a fully-stayed 18 month suspension of an attorney who had neglected multiple client matters due to his alcoholism, which was found to be in remission.

On February 19, 2015, respondent was involved in an automobile accident, totaling his vehicle. On February 24, 2015, he was admitted to East Jefferson General Hospital (“EJGH”) for severe abdominal pain on his left side, dehydration, and alcohol abuse. Following a two-day stay, he was discharged from EJGH.

On April 27, 2015, respondent was admitted to Beacon Behavioral Hospital (“Beacon”) for threat of suicide, pursuant to a coroner’s commitment. He was discharged from Beacon on April 29, 2015.

On May 7, 2015, as a result of being highly intoxicated, respondent suffered a serious fall. He was involved in a single car accident the same day, which totaled his wife’s car. The following day, he was admitted to the ICU at EJGH, where he was intubated for eleven days and diagnosed with three broken ribs, a punctured and collapsed lung, and pneumonia. He was discharged from EJGH on May 22, 2015.

On May 29, 2015, respondent was admitted to a ninety-day inpatient treatment program for alcohol abuse at Pine Grove Behavioral Health and Addiction Services. He was discharged from Pine Grove on August 26, 2015. On September 17, 2015, respondent entered into a recovery agreement with the Judges and Lawyers Assistance Program (“JLAP”). The following month, respondent voluntarily appeared before the ODC for a sworn statement, at which time he disclosed that he suffered from chemical dependency and severe depression.

The misconduct

The record of this matter supports a finding that respondent neglected legal matters, failed to communicate with clients, failed to refund unearned fees, and failed to cooperate with the ODC in its investigations. This misconduct amounts to a violation of Rules 1.3, 1.4, 1.5, 8.1(c), and 8.4(a) of the Rules of Professional Conduct.

Sanction

The evidence supports a finding that respondent is affected by a chemical dependency and that the chemical dependency caused the misconduct. The evidence also reflects that he has sought treatment and has demonstrated a meaningful period of recovery. According to respondent, he has been sober for more than two years. He has also completed an inpatient treatment program at Pine Grove in August 2015. Furthermore, respondent has been subject to a JLAP agreement since September 2015, and the director of the program reports that he has no reason to believe that respondent is “using substances or is a risk.” By all accounts, respondent’s recovery has made a recurrence of his misconduct unlikely. The proposed sanction will encourage his commitment towards recovery, and at the same time protect the public by providing a mechanism to remove respondent from practice if he relapses into substance abuse in the future.