Friday, November 22, 2019

The Pause That Refreshed

A recent report from the Vermont Professional Responsibility Board has ordered a nine-month suspension of an attorney

Based on the credible evidence presented, the Hearing Panel finds and concludes that Respondent violated the Rules of Professional Conduct by communicating with a person he knew was being represented by another lawyer who was not present at the time and had not consented to the communication; by failing to keep his client in a juvenile proceeding reasonably informed of the status of the proceeding and failing to act diligently and promptly on behalf of that client; and by secretively bringing into a courthouse and consuming an alcoholic beverage on the premises during a judicial proceeding. The Panel concludes that Respondent should be suspended from the practice of law for his unprofessional conduct.

The last cited violation occurred in the course of a criminal trial. He went to his car during a break, took a Vitamin Water bottle and spiked it with vodka.

The court security officer noticed and advised the prosecutor. The bottle was taken to deliver to Bar Counsel, who was not available, and returned to the prosecutor. 

It was later discarded.

"At some point" the attorney drank from the bottle.

Neither the judge or prosecutor thought he was intoxicated.

The jury found his client not guilty. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2019/11/a-recent-hearing-panel-report-from-vermont-based-on-the-credible-evidence-presented-the-hearing-panel-finds-and-concludes-t.html

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