 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
In re Application of Hartmann11/10/2005
ree assault, in that he "threaten another in a menacing manner." See § 28-310(1)(b). Hartmann also admitted that he had previously placed his hand on his niece's leg or knee while seated next to her at a family dinner. We consider these facts in the context of certain other undisputed information which includes the inappropriate personal letter which Hartmann, as a 28-year-old middle school teacher, wrote to his former student, then 14 years old, and Hartmann's 1992 and 2002 DUI arrests, which led to his pleading guilty to reduced charges of reckless and willful reckless driving. Tying these facts together is Larson's testimony that Hartmann suffers from psychological disorders which have produced a pattern of conduct marked by "making choices and even actions that were just not wise, not appropriate." Larson testified that Hartmann was making progress in understanding and dealing with these problems and expressed an opinion that he would not pose a risk to clients if permitted to practice law. However, when questioned by a commissioner about Hartmann's ability to function under stress, he replied: "I think there frankly still needs to be dealing with his stress management abilities. I think that there are times where he may get somewhat overwhelmed by the level of stress that he's under. And so I guess . . . I see that, at this point, still a work in progress."
Based upon our de novo review of these undisputed portions of the record, we conclude that there is a pattern of behavior which, because of its seriousness and recency, reflects adversely upon Hartmann's present character and fitness to engage in the practice of law. This conduct casts significant doubt upon Hartmann's ability to conduct himself with respect for, and in accordance with, the law; to exercise good judgment; and to avoid acts that exhibit disregard for the health, safety, and welfare of others. We further conclude that there is insufficient evidence of rehabilitation to safely predict that the pattern of behavior will not recur. The practice of law is a profession which can be attended by significant stress, and a lawyer's inability to manage such stress can harm the interests of a client. See, e.g., State ex rel. Counsel for Dis. v. Thompson, 264 Neb. 831, 652 N.W.2d 593 (2002) (lawyer's failure to take necessary actions on behalf of clients related to untreated depression). Substance abuse is often a factor in attorney discipline cases. See, State ex rel. Counsel for Dis. v. Hughes, 268 Neb. 668, 686 N.W.2d 588 (2004); State ex rel. Counsel for Dis. v. Wintroub, 267 Neb. 872, 678 N.W.2d 103 (2004). At the time of the hearing, Hartmann was still undergoing treatment for the psychological condition to which he attributes his conduct, and Larson could not state with a reasonable degree of certainty that his problems were resolved. We conclude that the record does not afford a sufficient basis for predicting when, if, or how such resolution will occur. We are neither bound nor persuaded by Larson's opinion that Hartmann would pose no risk to clients if admitted to the practice of law. Accordingly, we affirm the recommendation of the Commission to deny Hartmann's application for admission.
Application denied.
|