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In re Warren11/1/1995
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* Respondent cooperated with the disciplinary proceedings, and
* Respondent has engaged in interim rehabilitation.
In aggravation we find that there is a pattern of misconduct.
We will not countenance the representation of clients in court or in any context while the attorney is under the influence of intoxicating liquor or drugs. Given respondent's history of continuing problems with alcohol abuse, were he still actively consuming alcohol, we would have no hesitation in recommending his suspension from the practice of law for six months or longer. Respondent, however, to his credit, has remained sober for one and 1/2 years. We believe, therefore, that respondent's future clients can adequately be protected by a public reprimand and an extended period of probation.
We, therefore, recommend that respondent be publicly reprimanded and that the Court recommend to the Supreme Judicial Court of Massachusetts, which will entertain reciprocal discipline there, that respondent be placed on probation for a period of three years with sufficient terms to ensure no further violations. In addition, if and when respondent reactivates his Vermont license to practice law, we recommend that respondent be placed on probation for a period of three years. Conditions of his probation shall be that he not consume alcoholic beverages and that he engage an attorney mentor acceptable to both him and bar counsel with whom he consult on a monthly basis about his practice and sobriety. The mentor would report to bar counsel on respondent's status on a quarterly basis. Finally, in regard to the client for whom respondent appeared in court and was unable to function, we recommend that respondent be required to reimburse to that former client, Jesse Smith, the entire amount of fee Mr. Smith paid to him.
Dated at Montpelier, Vermont this 7th day of July, 1995.
PROFESSIONAL CONDUCT BOARD Deborah S. Banse, Chair
George Crosby
Donald Marsh
Joseph F. Cahill, Esq.
Karen Miller, Esq.
Nancy Corsones, Esq.
Mark Sperry, Esq.
Paul S. Ferber, Esq.
Robert F. O'Neill, Esq.
Nancy Foster
Ruth Stokes
Rosalyn L. Hunneman
Jane Woodruff, Esq.
Robert P. Keiner, Esq.
Charles Cummings, Esq.
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