November 21, 2008
Suspension For Drug Offense
An attorney who was convicted of possession of cocaine was suspended for nine months by the Nebraska Supreme Court. The attorney had recently seperated from his wife of 35 years and had been introduced to cocaine by a woman whom he had met through an escort service. He had used cocaine with the young woman on a number of occasions.
The court found that the conduct violated ethics rules:
While [the attorney]did not procure cocaine for the escort, he gave her money and paid for her car insurance, cellular telephone, and clothes during the time she was seeing him and providing him with illegal drugs. It can reasonably be inferred that the money given by [him] to the escort contributed to their illegal use of cocaine. We have considered the referee’s report and recommendation, the findings of which have been established by clear and convincing evidence, and the applicable law and disciplinary rules. Upon due consideration of the record, the court finds that [his]’s conduct adversely reflects on his fitness to practice law and is subject to sanctions under the Rules.
The attorney had voluntarily sought treatment for cocaine addiction prior to his arrest but had thereafter relapsed. He must petition for reinstatement. (Mike Frisch)
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