Narrative Opinion Summary
The case concerns the disciplinary proceedings against a legal professional who has been suspended from practicing law for ninety-one days due to violations related to substance abuse treatment obligations under a Florida Lawyers Assistance, Inc. (FLA) contract. The respondent, previously subjected to a Conditional Guilty Plea for similar issues, failed to comply with terms including attending Alcoholics Anonymous meetings, undergoing psychiatric evaluation, and submitting to drug testing. Despite disputing some findings, he admitted to alcohol use and missed drug screenings. The court upheld the referee's findings and recommended suspension, citing substantial evidence of noncompliance. The suspension, effective thirty days from the opinion's filing, allows the respondent to close his practice responsibly. Reinstatement requires completion of specific treatment evaluations and adherence to a new FLA contract. The respondent must also bear the costs of the proceedings. This decision reaffirms the importance of adherence to agreed-upon rehabilitation plans and the legal profession's commitment to maintaining trust and public safety.
Legal Issues Addressed
Conditions for Reinstatement to Practice Lawsubscribe to see similar legal issues
Application: Reinstatement is contingent upon completing evaluation and treatment programs, signing a new FLA contract, and complying with its terms.
Reasoning: His reinstatement is contingent upon completing a four- to seven-day evaluation at Charter By-The-Sea or an approved site, entering treatment programs recommended by the Florida Lawyers Assistance (FLA), and signing a new FLA contract with compliance to its terms.
Disciplinary Action for Noncompliance with FLA Contractsubscribe to see similar legal issues
Application: The respondent failed to comply with the terms of his Florida Lawyers Assistance, Inc. (FLA) contract, resulting in disciplinary action including suspension from practicing law.
Reasoning: Reports indicate Dubbeld failed to meet these obligations, missed required meetings, admitted to alcohol use, and tested positive for alcohol.
Presumption of Correctness of Referee's Findingssubscribe to see similar legal issues
Application: The court upholds the referee’s findings unless they are shown to be clearly erroneous or unsupported by evidence.
Reasoning: The court applies a presumption of correctness to the referee's findings, which are upheld unless shown to be clearly erroneous or unsupported by evidence.
Responsibility for Costs of Proceedingssubscribe to see similar legal issues
Application: The respondent is ordered to pay the costs associated with the disciplinary proceedings.
Reasoning: Additionally, Dubbeld is ordered to pay costs of $1,164.66.
Suspension from Legal Practicesubscribe to see similar legal issues
Application: The court imposed a ninety-one day suspension from legal practice due to violations of a Conditional Guilty Plea and failure to adhere to FLA contract terms.
Reasoning: The referee recommended finding him guilty of these violations and imposed a 91-day suspension from practicing law, with further suspension until he proves rehabilitation, in line with his prior Consent Judgment.