Developed heavy drinking and gambling

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Attorney Kim had a very successful solo practice, but when his wife filed for a divorce, he developed a heavy drinking and gambling To support his habit and to pay child support, Attorney Kim borrowed funds from a client trust account. The client reported Kim to the bar after Kim delayed refunding unused portions of the retainer. While the disciplinary committee was investigating the client trust account matter, Kim enrolled in a lawyer assistance program. During his first lawyer assistance program meeting, he met attorney Langley, who had been sober for over a year. Kim hired Langley to represent him in the inevitable disciplinary hearings. Kim begged Langley not to report him to the bar for his drinking and gambling problems because he did not want this to affect the disciplinary hearings on the client trust fund matter. Does Langley have to report Kim's drinking and gambling issues to the Bar to avoid being disciplined for failing to report under Rule 8.3(a)? No, because Langley found out about Kim's drinking and gambling issues in an approved lawyer assistance program. Yes, because if the legal profession is to remain a self-regulating profession, it is of utmost importance that every lawyer ensures that other lawyers are abiding by the rules of conduct. No, because drinking and gambling are not prohibited by the rules of conduct. No, because Kim's drinking and gambling issues would unfairly prejudice the disciplinary investigation and any related hearings concerning Kim's "client trust account" problem.

Reference no: EM133856899

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