Friday, May 3, 2013

Attorney Suspended For Failure To Comply With Earlier Court Order

The Wisconsin Supreme Court has suspended an attorney who had failed to comply with orders in a prior disciplinary case regarding his treatment for alcoholism.

Among other things, the attorney had refused to execute releases to provide access to medical records.

The court:

Attorney LeSieur has been convicted on three occasions of operating a motor vehicle while intoxicated and was arrested on suspicion of that offense on two other occasions that did not result in valid convictions.  Attorney LeSieur's record indicates a potential problem with alcohol and other addictive or mood-altering medications.  He claimed during the initial disciplinary proceeding that he has not consumed alcohol since 2006.  If that is accurate, he is to be commended.  His refraining from alcohol indicates some recognition that he has problems in this area that require affirmative steps.  On the other hand, his actions since the release of LeSieur I indicate repeated attempts to thwart the monitoring of his condition by the OLR and its designee.  One who is truly eager to overcome any problems with alcohol or mood-altering medications would welcome assistance, but Attorney LeSieur has frustrated the efforts of this court, the referee, and WisLAP to ensure that he remains on a productive path.  This is a troubling pattern.

We simply cannot tolerate such disobedience of our orders.  Accordingly, we will suspend Attorney LeSieur's license until he complies with the orders of this court.  To leave no room for doubt or argument, we will clarify the nature of the release Attorney LeSieur must now sign and we will expressly require him to undergo an independent medical examination by Dr. Thomas Rowell or another addiction psychiatrist or other treatment provider \designated by the OLR.  Given Attorney LeSieur's failure to comply thus far, the conditions that we imposed in LeSieur I and those we add in this opinion shall be extended to remain in effect for a period of two years from the date on which Attorney LeSieur's license is reinstated.

The attorney had contended that the release violated his HIPAA rights. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/05/the-wisconsin-supreme-court-has-suspended-an-attorney-who-had-failed-to-comply-with-orders-in-a-prior-disciplinary-case-regar.html

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