Treatment Leads To Stayed Suspension

The Ohio Supreme Court has held that a fully stayed suspension was appropriate in light of mental health mitigation, rejecting the Relator’s call for an actual suspension.

we find that Bulson has established his major depression as a mitigating factor pursuant to Gov.Bar R. V(13)(C)(7). And having weighed Bulson’s misconduct, the aggravating and mitigating factors found by the board, and the precedent cited by both parties, we are persuaded that an 18-month suspension, fully stayed on the conditions recommended by the
board—with the additional conditions that he (1) waive the doctor-patient privilege with respect to each of his healthcare professionals to permit relator to verify that his disorder has stabilized with treatment and (2) meet with his practice monitor once a month or more frequently if the monitor deems it necessary—will best support Bulson’s mental-health recovery and protect his clients from future harm.

The matter involved three client complaints and a failure to cooperate with the investigation.

The law

For a mental disorder to qualify as a mitigating factor under Gov.Bar R. V(13)(C)(7), a respondent must present evidence of (1) a diagnosis of the disorder by a qualified healthcare professional, (2) a determination that the disorder contributed to the misconduct, (3) a sustained period of successful treatment, and (4) a prognosis from a qualified healthcare professional that the attorney will be able to return to the competent, ethical, and professional practice of law under specified conditions.

The evidence

At Bulson’s disciplinary hearing, Dr. Shannon testified that he had diagnosed Bulson with major depression with melancholia and severe attention deficit disorder and that Bulson’s depression had contributed to cause the misconduct at issue in this case. He also opined that Bulson had undergone a sustained period of successful treatment that included cognitive behavioral therapy and medication prescribed by a psychiatrist.

Dr. Shannon reported that Bulson had been a model patient and very engaged in the therapeutic process. He also reported that Bulson’s symptoms had improved—he was not as depressed and his sleep had improved significantly—and that getting more sleep had improved his energy and his abilities to focus and concentrate.

The court also noted his family support system

In addition, the board noted that Bulson’s family members have assisted him with his treatment and with the organization and management of his office. His son-in-law, a certified paralegal, has assisted him with organizing his office, updating his files, and meeting deadlines. Bulson’s wife, a retired licensed social worker, communicates directly with Dr. Shannon about any changes in Bulson’s behavior and has assisted him with his legal billing. And his daughter, a chiropractor, attends to Bulson’s dietary needs to control another medical condition, and she has helped to organize his office. In addition to checking in on Bulson by telephone every day, she spends a couple of hours with him in his office a couple of days a week to assist with filing and other tasks.

(Mike Frisch)