Wednesday, August 29, 2012

ADHD And Bar Discipline

The Ohio Supreme Court has ordered a one year suspension, stayed on conditions, in a matter where the attorney violated the rules governing entrusted funds.

The court considered evidence of that the attorney's conduct was affected by attention deficit hyperactivity disorder:

Here...[the attorney] has been diagnosed with ADHD and has reported that the treatment prescribed by [his physician] Dr. Girvin has impoved his organizational skills and ability to focus. While Dr. Girvin believes that [the attorney's] report in sincere and that he is compliant with his treatment regimen, he also testified that "[s]ometimes the symtoms of the illness get in the way of regularity and adherence to taking the medicine, getting refills, all that stuff." Because the very symptoms of the condition may impede his ability to comply with treatment, and because the record contains some evidence that [the attorney] drifted away from the treatment of his depression in the past, we believe that a one-year fully stayed suspension will better protect the public from future misconduct.

(Mike Frisch)

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