Tuesday, December 19, 2006

Discipline for Drunk Driving

The Oklahoma Supreme Court (here) suspended an attorney for six months followed by two years probation for multiple violations of criminal laws prohibiting operation of a motor vehicle while 45600_75631888 under the influence of alcohol. The attorney had abstained from alcohol use for over two years. Bar Counsel recommended a combination of censure and probation, which the Court rejected. A special concurrence suggests that the case should have been brought under provisions that govern suspension for personal incapacity to practice law. The case contains a discussion of how criminal conduct unrelated to the practice of law may violate ethics rules as well as the particular issues that relate to disciplining of alcoholic lawyers who are working on recovery.  [Mike Frisch]


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