Attorney Resp is a criminal defense attorney who drinks heavily most nights. He represents a man who has been accused of burglarizing federal offices. Resp did some preliminary investigation on the case but has misplaced his notes. Additionally, in his regular morning stupor, he ordinarily forgets to perform simple tasks such as interviewing or subpoening witnesses

Question

On the morning of trial, Resp approached the Assistant State's Attorney (ASA) handling the case about postponing the trial. The ASA told Resp he would oppose any request for a postponement. Resp informed the ASA that he needed the postponement because he was in a continuing trial before Judge Provost in the Circuit Court for Baltimore City and that he needed to be in that court at 10:45 that morning. Resp and the ASA then went before the judge for a hearing on Resp's request for a postponement. During that hearing, Resp stated two reasons for his request.

The first was the absence of a defense witness who had not been subpoenaed by Resp. The other reason stated by Resp was that he had been instructed to report to a courtroom in Baltimore City at 10:45 to start a trial that had been carried over from the previous week. Based on Resp's representation, the judge agreed to postpone the trial.

When the judge called Judge Provost at the Circuit Court in Baltimore City, he discovered that Resp had lied about starting a trial there. Resp is referred to the state bar for disciplinary proceedings. A likely outcome will be:

A) Resp will be suspended from the practice of law until he can prove he is sober.
B) Resp will be disbarred for continuing drunkeness.
C) Resp will not be disciplined if this is the first little white lie he has told to a judge.
D) Resp will be referred to an alcohol treatment program as part of any discipline.

Answer 1

D