Narrative Opinion Summary
This judicial opinion concerns the reinstatement of an attorney who was suspended for three years due to professional misconduct linked to alcoholism. Following his suspension, the attorney completed a substance abuse treatment program and demonstrated significant progress in maintaining sobriety, prompting him to file for reinstatement under Supreme Court Rule XIX. The Office of Disciplinary Counsel did not oppose the reinstatement, and a formal hearing was conducted. The hearing committee and disciplinary board recommended conditional reinstatement, finding that the attorney met the reinstatement requirements by clear and convincing evidence. The court adopted the board's recommendation, reinstating the attorney to practice law with conditions tied to his recovery agreement with the Lawyers Assistance Program. This includes a five-year extension of his LAP contract, monitored by the Office of Disciplinary Counsel, with specific consequences for non-compliance. The attorney is also responsible for all costs related to the proceedings. Judge Knoll recused himself from the decision, which ensures monitoring through 2012 as the current contract expires in 2007.
Legal Issues Addressed
Conditions of Reinstatement for Attorneyssubscribe to see similar legal issues
Application: The reinstatement was conditioned on the attorney's compliance with a recovery agreement, which includes monitoring by the Office of Disciplinary Counsel.
Reasoning: The board recommended reinstatement with conditions related to Roy's recovery agreement with the Lawyers Assistance Program (LAP).
Cost Responsibility in Disciplinary Proceedingssubscribe to see similar legal issues
Application: The reinstated attorney is responsible for bearing all costs associated with the disciplinary proceedings leading to reinstatement.
Reasoning: All costs associated with the proceedings are to be borne by Roy.
Monitoring and Compliance for Reinstated Attorneyssubscribe to see similar legal issues
Application: The Office of Disciplinary Counsel is responsible for monitoring the attorney's compliance with the terms of the recovery agreement, with specific consequences for any violations.
Reasoning: The ODC will monitor Roy's compliance, with potential consequences for any violations, including transfer to disability inactive status or interim suspension.
Reinstatement of Suspended Attorneyssubscribe to see similar legal issues
Application: The court considered the attorney's compliance with reinstatement criteria, successful completion of a substance abuse program, and lack of opposition from the disciplinary counsel in deciding to reinstate the attorney with conditions.
Reasoning: The court adopted the disciplinary board's recommendation, reinstating Roy to practice law in Louisiana, contingent upon extending his LAP contract for five years, which requires full compliance with its terms.