 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Florida Bar v. Cohen11/23/2005
ly stopped and exited his car, he was so severely intoxicated that he either would not or could not follow the trooper's simple commands. He also refused to submit to a breathalyzer. A search of his car resulted in the discovery of a felony amount of marijuana and a large amount of drug paraphernalia.
Following his arrest, Cohen did seek assistance from FLA and began treatment with a psychologist, who determined that Cohen suffered from obsessive compulsive disorder, which had been previously undiagnosed. He has tested negative in all categories during random monthly drug tests since early in his recovery and has participated actively in his recovery program. While it is admirable that Cohen has taken these affirmative steps to address the problem and has made efforts to accept responsibility for his actions, the Court cannot simply disregard the danger and harm to the public caused by his misconduct. In determining a proper sanction, this Court takes the three purposes of lawyer discipline into consideration.
First, the judgment must be fair to society, both in terms of protecting the public from unethical conduct and at the same time not denying the public the services of a qualified lawyer as a result of undue harshness in imposing penalty. Second, the judgment must be fair to the respondent, being sufficient to punish a breach of ethics and at the same time encourage reformation and rehabilitation. Third, the judgment must be severe enough to deter others who might be prone or tempted to become involved in like violations.
Fla. Bar v. Barrett, 897 So. 2d 1269, 1275-76 (Fla. 2005) (quoting Fla. Bar v. Lord, 433 So. 2d 983, 986 (Fla. 1983)).
We hold a thirty-day suspension for a felony drug possession charge and five other charges is inappropriate, considering the facts of the instant case. Such a sanction would cause the public to doubt the disciplinary system and this Court's resolve to protect the public from unethical conduct by attorneys. As Cohen has proven rehabilitation, a ninety-day suspension followed by a three-year probation period subject to the terms and conditions set forth by the referee is the appropriate discipline.
CONCLUSION
Marc B. Cohen is hereby suspended from the practice of law for ninety days. Upon reinstatement, he will be on probation for a period of three years. During his probation he is to (1) remain in compliance with his FLA contract for the full term of his probation; (2) completely abstain from alcohol and be tested for alcohol and other controlled substances; and (3) make twelve speaking engagements every year of his probation with regard to his mental health, substance abuse, criminal acts, and his efforts to rehabilitate himself, in addition to the community service which is part of his criminal sentence.
The ninety-day suspension will be effective thirty days from the filing of this opinion so that Cohen can close out his practice and protect the interests of existing clients. If Cohen notifies this Court in writing that he is no longer practicing and does not need the thirty days to protect existing clients, this Court will enter an order making the suspension effective immediately. Cohen shall accept no new business from the date this opinion is filed until the suspension is completed.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Marc B. Cohen in the amount of $1,680.07, for which sum let execution issue.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
|