Get With The Program

Where there are addiction issues in a bar matter, Louisiana is a jurisdiction that requires the attorney to cooperate with the Bar’s Judges and Lawyers Assistance Program (“JLAP”) or suffer adverse sanction consequences. 

The Louisiana Supreme Court has ordered a year and a day suspension for a DUI that resulted in a collision with a utility pole. 

The attorney gave a number of conflicting accounts about her alcohol consumption prior to the accident.

Notably for sanction purposes

Following her psychological evaluation, JLAP recommended a one-day  multidisciplinary assessment to obtain collateral information and additional testing to rule out a substance use disorder. To date, respondent has not complied with this recommendation. Pursuant to our guidance in Baer, an actual suspension is therefore warranted. The sanction of a one year and one day suspension means respondent will have to file a formal application for reinstatement in the event she wishes to return to the practice of law. This will ensure that the public is protected as before respondent can be reinstated to the practice of law, she will have to address the question of whether she has a substance abuse disorder, and, if so, show an effort at recovery.

Justice Hughes would defer all but 90 days of the suspension, as recommended by a hearing committee and a board dissent. (Mike Frisch)