Jerome Fishkin, Esq. LAP Pam Poley, MFT Jerome@

Hotmail Print Message
1 of 38
http://by148w.bay148.mail.live.com/mail/PrintMessages.aspx?cpids=6a6...
From: Jerome Fishkin (jerome@fishkinlaw.com)

Sent: Thu 3/17/05 2:46 PM
To:
Zach Coughlin (zachcoughlin@hotmail.com)
Thanks
-----------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
369 Pine Street, #627, San Francisco CA 94104
415.403.1300
Summaries of recent California attorney conduct case law at FishkinLaw.com

Sent: Fri 3/25/05 11:26 AM
To:
My scanner has broken, so I am sending you a package via US Mail. You should get it Monday. I sent it to
ZACH COUGHLIN
1044 West 1st Street
Reno, NV 89503
In short, CBX wants you to work with LAP. LAP has their standard form agreement. I am sending you my proposed
rewrite, but I need to talk to you about what types of information you wish to withhold from LAP. You need to see the
3/11/2012 6:07 AM
2 of 38
packet before we talk.
Please call my assistant Stephanie at 415.403.1303 to set up a phone appointment with me, preferably Tuesday or
Wednesday.
-----------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
415.403.1300

Sent: Mon 3/28/05 2:57 PM
To:
on 3/28/05 1:41 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:
I just got a letter from the Supreme Court of Nevada granting me a conditional admission, subject to the consent
agreement from last year. I will be arranging to get sworn in in the near future... I will get copies of the NV Sup Ct. letter
to you soon.
Congrats. Send me a copy as soon as you can, as it should help in California.

ALSO: we have to discuss the modified consent for CBX.
-----------------------------------------------------------------------------------------
JEROME FISHKIN
3/11/2012 6:07 AM
3 of 38
Attorney at Law
415.403.1300

Sent: Mon 4/04/05 3:49 PM
To:
I will fax you signed copies of the edited consent forms and mail them as well. However, to the extent we can edit them
some more, I hope you can transfer my signature from one to the other or accept a faxed signature from a new edit, as
we are running out of time considering the April 15th deadline.
I know you have some issues, and I am not sure where to edit. Thats why I want to talk to you; there is only so much we can by
e-mail and snail mail.
Please propose a time Tuesday afternoon (I have to leave by 5:30 pm) or Wednesday afternoon (I can call you between 1 and 3)
or Thursday after 9:30 a.m.
-----------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
415.403.1300
3/11/2012 6:07 AM
4 of 38

Sent: Tue 4/05/05 10:30 AM
To:
First of all, congrats on Nevada.

Second of all, I know there were further restrictions you wanted. Lets discuss them before the end of the week, so I can get off letters to
LAP and CBX.
-----------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
415.403.1300

Sent: Wed 4/06/05 7:33 PM
3/11/2012 6:07 AM
5 of 38
To:
So, I want to stand firm against agreeing to hand over my prescription history or current prescriptions. I feel this is a can
of worms and if the LAP or the CBX looks at my prescriptions, they will assert that they have every reason to put more
and more conditions on my admittance.
Well talk on Thursday. However, California does not have conditional admittance as Nevada does. You are either let in or denied.
However, we dont want them requiring such tests as a condition of admittance either.
-----------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
415.403.1300

Sent: Wed 4/13/05 11:20 AM
To:
I am anxious to get your advice.
Since you are being monitored by LAP, I would expect that CBX would expect you to provide alcohol and drug records to them. Since
3/11/2012 6:07 AM
6 of 38
California does NOT have a conditional admission, whatever tests and records have to be provided, do not continue if you are cleared for
admission. Thus, the refusal to provide them obviously jeopardizes your possible admission.
On the other hand, you do state clearly that they can have access to all Nevada records. So I would be arguing on your behalf that you
have complied with the intent of CBX, which is that LAP monitor what you are doing in Nevada but not do anything that forces you to
come to California.
Bottom Line: its a close call. Since you have a documented problem, nobody is going to be surprised by your showing up with prohibited
substances in past tests. There should be no concerns about present use of prescription drugs, at least not at the CBX level. So unless
your tests show recent use of illegal drugs, I would recommend that you let LAP run its program in the usual way.
We are approaching a deadline. You can call me at the number below, or duing off hourse (after 7 a.m., before 9 pm) on my cell phone,
415.505.4300. I will be out of the office tomorrow but available most the day via the cell.
The deadline is April 15
-----------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
415.403.1300

Sent: Thu 5/05/05 11:06 AM
To:
3/11/2012 6:07 AM
7 of 38
"The period of my abeyance" still seems open ended, but if that is the way it needs to be, so be it.
It is somewhat open ended.

In the beginning, you were given a 6 month abeyance period, with 30 days to sign the agreement. We are at the 8 month point with no
signed agreement. I am assuming that CBX would want you to be under a full 6 month abeyance period. So yes, it is open ended, but it
should come to completion in a reasonable period.
Meanwhile, when you become a Nevada attorney, let me know and send me the paperwork.
-----------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290

Sent: Mon 5/09/05 11:56 AM
To:
I will send you a copy of the license and letter from the NV Sup. Ct.
Please do so ASAP!
-----------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
3/11/2012 6:07 AM
8 of 38
phone: 415.403.1300
fax: 415.781.7290

Sent: Tue 6/07/05 7:34 PM
To:
I sent the originals via Fed Ex.

Secretary is out for a few days and I cant figure out the scanner to get them into a PDF.
Sign and Date; send me back a scanned set, and mail the originals back to me ASAP.
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290

Sent: Fri 6/10/05 3:25 PM
To:
3/11/2012 6:07 AM
9 of 38
would you mind sending me this type of stuff via U.S. mail? I ask this just for the sake of
keeping costs down as I believe overnight via FedEx is around $20.
I will use US Mail or scan and send. This particular item went via Fed Ex because I dont know how to use
the scanner and my secretary is out sick and were in a hurry!!
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290

Sent: Fri 6/10/05 3:50 PM
To:
You have to call LAP yourself to get things rolling 213-765-1190. Please do it now.
In the meantime, I am going to fax your copies to them and tell them youre ready to go.
If you have already mailed me the originals, ok.
If not, hold onto the originals and ask the LAP people
where to send them.

------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290
3/11/2012 6:07 AM
10 of 38

Sent: Wed 6/15/05 11:04 AM
To:
I don't know how to answer her questions about my giving her consent to call Mrs. Lawson and
the 'doctoring' comment.
I have no problem with her talking to Debra Lawson.

With respect to the doctoring comment, tell her that the agreement was modified in accord with an
agreement I made with Janice Thibault. Then ask her if she is claiming that we made changes not otherwise
part of that agreement. If so, she should identify them specifically, in writing, to both you and me at once.
Otherwise, let is slide . Pick your battles.
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290

Sent: Wed 6/22/05 4:46 PM
To:

....During our conversation, Ms. Poley said (and I am not kidding) that she would prefer that you (meaning
Jerry Fishkin) not be invovled in this matter, that she not need to have any contact with you, and that you
were responsible for my case dragging on so long and...Anyway, I'm just keeping you informed because
common sense tells me I should.
3/11/2012 6:07 AM
11 of 38
Yeah, well, sometimes she does that. And it is best if you communicate directly with her. And common sense
indeed says you should keep me informed. Of course contact me if you have any questions.
Most of my clients have felt ok dealing with her. But her feathers are ruffled. Any time a person does
something different in a bureaucratic setting, you do upset the bureaucrats. Cest la vie. If she does ask
about our communications, tell her that I am your attorney and our communications are privileged and that
you decline to waive the privilege. Then make a record of her request and her response.
Keep in mind that the very first client of mine to go into LAP was anti LAP and told all of them that I
recommended he not go into LAP. Some people realize that my advice to that client was client specific;
others think Im anti LAP.
Cest la vie.
Keep in touch.
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290

Sent: Fri 8/19/05 2:06 PM
To:

I am ready to pay my bill. Would you prefer a credit card payment or a check?
I prefer check.
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290
3/11/2012 6:07 AM
12 of 38

Sent: Fri 8/19/05 2:08 PM
To:

Let me know what you think and suggest.
I am going to stew on this over the week end.
What I would like to know from you is, how do the LAP conditions overlap, if at all,
with your Nevada conditions? Precisely, so we can evaluate how much additional
burden LAP has placed on you.
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290

Sent: Mon 8/22/05 6:10 PM
To:
It is ironic that Pam Poley resents my representation, but then about 20% of the time, I do
get into the face of one or more LAP people. They dont like it. They dont notice the number
of times I encourage my clients to join LAP and cooperate fully.
I dont think that confronting Poley over the attorney issue benefits you, so unless you can
see some benefit to it, I wont say anything. About all you have to do is either say no
comment, or reply that you are comfortable with my representing you. If she pushes you
further than that, ask her to put her concerns in writing.
3/11/2012 6:07 AM
13 of 38
In the meantime, lets assume that she does not send me copies of anything, and you just
send me copies. PDF or mail or fax; whatever is convenient.
LAP has no control over you once you are admitted. Period. They cannot force you to
continue. My one BIG caveat is, it is really important that you participate in activity or
activities that keep you sober. Most of my clients are fans of regular AA attendance and
believe that AA (or here, The Other Bar) is the primary pillar of strength towards keeping
them sober.
As for the rest, you are looking at about 6 8 months of participation in LAPs program with
LAPs rules. If you dont, you are likely not going to be admitted in California, at least not
without the liklihood of a formal court battle. So your decision is, go along with the CBX
abeyance and cooperate with LAP for that period of time; or refuse to do so and see what
CBX does; or withdraw your moral character application.
Current California case law says, once there is proof that you have a history of alcoholism, it
is your burden of proof to show that you have it under management and control. California
generally uses a minimum 2 year sobriety rule. While participation in a formal program is
not a legal requirements, it is very very difficult for anyone to prove years of continued
sobriety without a formal program of some sort. Thus, AA or Other Bar or LAP or . . . .
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290

Sent: Wed 8/24/05 9:57 AM
To:
When they send you the conditions, contract, etc, send me a copy
The last time LAP questioned medications that a client of mine was taking, I suggested to
them that any effort to interfere would constitute the practice of medicine without a license.
They backed off entirely.
3/11/2012 6:07 AM
14 of 38
I dont see any need for me to contact anyone. Yet.

------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290

Sent: Wed 8/24/05 3:51 PM
To:

Can I prevent her from disclosing my medical information?
To Whom??
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290
3/11/2012 6:07 AM
15 of 38
Sent: Wed 8/24/05 3:57 PM

To:
There is a financial cost and a privacy invasion that comes from having to do all of this. At
any time, you can assert your privacy rights, or patient doctor rights, and refuse to let them
see things. Of course, this probably works against you in the ultimate LAP analysis and
admission process.
On the other hand, I would think it would be ok for you to decline to pay for some other
doctor to review your physicians treatment of you. I would think that the CBX risk is
minimal. That is, we would submit a statement to CBX that you are following a regimen
prescribed by your treating physician and you decline to pay some consultant to second guess
him.
In my last case where the meds issue arose, my clients primary physician wrote a rather
curt letter to to LAP that said essentially (1)Im his doctor; (2) youre not; (3) I have treated
him for a long time; (4) he needs the meds; (5) I have read your papers and I am not
changing my prescription. In your case, if LAP challenge your doctors regimen, I would ask
him to send that sort of letter to CBX.
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290

Sent: Wed 8/24/05 5:34 PM
To:
The current release permits LAP to swap information with medical people. I dont think you
can do a partial retraction without consequences; we tried to negotiate that and were unable
to do so.
So, while you could retract the consent, in whole or part, it would probably terminate you
from LAP and probably result in California denial.
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
3/11/2012 6:07 AM
16 of 38

phone: 415.403.1300
fax: 415.781.7290

Sent: Thu 8/25/05 6:06 PM
To:

Hi Jerry,
I wanted to be sure to let you know (in case I have not done so yet) that I am now
employed as an attorney in Reno, Nevada at the law firm of Hale Lane
(www.HaleLane.com <http://www.HaleLane.com> ). I will send you a letter
detailing this for the CBX and LAP or can send one directly to them if you want me
to.
Send me a letter that I can send directly to CBX. You tell LAP directly on
your own.
Also, you should be getting my check any day now, unfortunately I did not get it to
the mailbox soon enough for the Saturday pickup, but it is coming, I promise.
Thank you.
During my evaluation there were a couple things I should note. One, Mrs.
Thibault asked me when the CBX was expecting something from LAP. I told her
that I did not know for sure. She informed me that it was my responsibility to find
out this information and report it to LAP. I plan on doing so, but I expect that the
CBX will not speak to me as I am represented. If it is okay with you, I would like
to see if there is a way that I can do these sorts of things without troubling you or
your staff, ie, the legwork of this case.
CBX expects a report from LAP about your progress, and within six
months of your signing up.
It is generally less time consuming for me to do these things than to tell
3/11/2012 6:07 AM
17 of 38
you what to look out for. And since I am your attorney, CBX wont deal
with you directly anyhow. I will make a note to write Thibault and tell
her what CBX wants.
Second, in the materials that Poley did provide to Weiner and Otterness was a
printout from my pharmacy showing all my medications for the last six months.
Did I error by providing this? Its gives fairly detailed information on miligrams
and quantities and I am wondering if I should have given a more general
description to them.
The details are fine. CBX wants LAP to evaluate you for sobriety. I
generally do not worry about a prescription drug regimine, where you
have an informed doctor with a reasonable basis for treatment. We
should assume that around the time LAP reports to CBX, we may want a
report from your doctor as to what you take and why. Or, if LAP gets a
report from him, you would ask him to make a copy for me to send to CBX.
I would like to put together a package of all the stuff I have sent Poley (the letters
of rec., attendance at meetings papers, sponsor letter, psychologist reports) and
submit them to Dr. Weiner and N. Otterness, Ph.D. in addition to a copy of the
certificate of mailing/delivery confirmation slip I have from when I sent all of this
documentation to Poley in December 2004. I want to do this just to give the
appearance that I am on top of things and one who dot the "i's" and crosses the
"t's". Please let me know if you are against this. Of course, I would make sure
any communication on my behalf had a very respectful and conservative tone.
Fine with me.
I hope you don't mind, but I had a free password on Westlaw yesterday for the
day after talking with a representative of West and I gathered some interesting
law reviews that I thought you might appreciate. I hope this doesn't clog up your
inbox. You probably know everything in these law reviews anyway, but I thought
you might get a kick out of them. The articles are pasted back to back in the
attached file on attorney's mental health.
Thanks for the thought. I will print them out and keep them with my LAP
and other drug and alcohol materials
------------------------------------------------------------------------------------
JEROME FISHKIN
Attorney at Law
phone: 415.403.1300
fax: 415.781.7290
3/11/2012 6:07 AM
18 of 38

Sent: Fri 2/17/06 1:25 PM
To:
Please leave a message for your doctor, to determine if he is certified by a recognized body
to do addiction evaluations. If not, ask him to send a letter that sets forth his qualifications to
do an evaluation.
Prepare a letter to Poley along the following lines; please send me your DRAFT so we can
finalize it. BE sure to check it for factual accuracy. And I may decide its better not to send
it, than to send it. Well talk.
This is a follow up to Thursdays conversation. I first want to confirm that one of my tires
went flat outside of Auburn, which is why I called. I first understood that I was going to be
patched into a meeting by phone, but then LAP decided against it. I did request to be seen
late but I gather that my request was turned down.
It is my understanding that LAP is now going to file a report without the follow up from me. If
that is so, then I will not engage in the follow up. Otherwise, I had understood that there
were two more things LAP wanted. First, you wanted an evaluation from a medical doctor
certified by a recognized body of addiction doctors. I have asked my treating physician, Dr
________________________________ , but he has not gotten back to me. If he is not, I will
look for one. Id appreciate it if you told me the names of recognized organizations, so I
know what to look for.
You also inquired if I had undergone drug or alcohol testing in Nevada. The answer is, no. If
you want me to go get tested, let me know, and I will.
I think that my relationship with LAP has been mutually unsatisfactory since the beginning.
Its obvious that you are unhappy with me. I dont think another six months with LAP, as you
suggested, would do anyone any good. I have been sober since
_________________________________ and I have stayed sober by my Nevada activities,
which include (specify) __________________ . I do not think that its fair for LAP to ask me
to duplicate things I do and document in Nevada.
-----------------------------------------------------------------------
3/11/2012 6:07 AM
JEROME FISHKIN
Fishkin & Slatter LLP
A Law Firm Specializing in Attorney Conduct and Professional Responsibility
369 Pine Street, San Francisco CA 94104
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com

Sent: Mon 3/06/06 2:11 PM
To:
Here pasted below and attached in correct formatting for a letter is the draft to Poley
I cant open it; please fax or put text inside e-mail

----------------------------------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com

Sent: Wed 3/15/06 10:40 AM
To:
Coughlin Zach (zachcoughlin@hotmail.com)
We have both received Pam Poley's letter of March 8, 2006. Therefore, the project of writing her is now obsolete.
You have two choices as I see them. One is to accept Poley's offer; the second is to deal directly with CBX. They
19 of 38
3/11/2012 6:07 AM
20 of 38
both have pros and cons.

Your relationship with LAP has been star crossed since the beginning. I doubt that another six months will
accomplish anything for you. However, if you did do another six months, AND if it met with their approval, your
chances of admission would be excellent. IF there were a continuation of problems, your chances of admission
would be slim. Given Poley's comments to you about me, however, I think this option works better if you fire me
(at least for six months!).
I do think that the alternative approach is to provide CBX with a thorough rendition of your sobriety -- a report
from your doctor, copies of your Nevada attendance, letters from people in your AA group, etc. This approach
assumes that CBX would recognize that not everyone benefits from LAP. Also, it gives credence to the argument
that you are sober and staying sober, but that trying to add LAP in California on top of your Nevada work is just
too much. I think there is a reasonable chance that this would work.
There are no guarantees of course. EIther way might work; either way might fail. I am inclined toward the second
approach because it is consistent with your actions, therefore intellectually honest. And I doubt that you plus LAP
works. That goes double if Poley continues to tell you I'm the problem.
I would like to contact CBX and determine what sort of deadline we are under. However, the sooner you get to me,
all of the Nevada information, the faster I can act on your behalf
I will be in the office all day today and Thursday. Feel free to set a specific time for a phone appointment.
----------------------------------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com

Sent: Wed 3/15/06 1:15 PM
To:
zachcoughlin@hotmail.com
3/11/2012 6:07 AM
21 of 38
On Mar 15, 2006, at 12:30 PM, Zach Coughlin wrote:
ow is Thursday at 2pm for a telephone talk?
O K; please call me then.
-----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com

Sent: Thu 3/16/06 2:40 PM
To:
Debra Lawson says that you should get a copy of the LAP letter, then we can reply to it. If we don't get a copy of
the LAP letter, she will send us something that tells us what the issues are.
If you get a copy, send me a copy ASAP.
In any event, you are going to send me Dr Ocksay's report; records showing your Nevada participation; and a draft
narrative showing everything LAP asked you to do and how you responded to it.
-----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------JEROME FISHKIN
3/11/2012 6:07 AM
22 of 38

Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com

Sent: Tue 3/21/06 5:04 PM
To:
Yes I have Poley's letter.
Dr Wong hopefully will be more thorough than Dr Rasul, who basically said you're ok without explaining why.
We do get to submit something. We may get to See LAP's report.
Hi Jerry,
Here is a .tiff document file of Rasul's report. I tried faxing it to your office today as well, but I am
emailing just to be double sure. If you cannot open this file, maybe right click and use "open with"
and try different programs, like 'wordpad' or 'fax viewer'.
I am working on the narrative, Dr. Wong is faxing me his report (and today I spoke with him and he
said he is NOT licensed with any addictionology board. However, he is faxing a short report just in
case its useful. Should I schedule a meeting with a physician who is a licensed addictionologist and
get a report?
Lastly, from your email on the 16th you mentioned needing a copy of Poley's letter, but I am under
the impression you received one and do not need a copy now.
Thanks,
Zach
From: Jerome Fishkin <jerome@fishkinlaw.com>
To: Coughlin Zach <zachcoughlin@hotmail.com>
Subject: CBX and LAP
Date: Thu, 16 Mar 2006 14:40:15 -0800
3/11/2012 6:07 AM
23 of 38
Debra Lawson says that you should get a copy of the LAP letter, then we can reply to it. If we don't get a copy of
the LAP letter, she will send us something that tells us what the issues are.
If you get a copy, send me a copy ASAP.
In any event, you are going to send me Dr Ocksay's report; records showing your Nevada participation; and a draft
narrative showing everything LAP asked you to do and how you responded to it.
-----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com
<Dr. Rasul Report.tif>
-----------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com
3/11/2012 6:07 AM

Sent: Fri 3/24/06 9:19 AM
To:
If you have a timeline given the newer Lap CBX information, please inform me.
No known timeline. BUt I do think the sooner the better.
----------------------------------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com

Sent: Thu 3/30/06 3:17 PM
To:

I am attaching the report from Oliver Ocksay my psychologist. It was called for by LAP and the
Plan/Agreements. My narrative would be that I met everthing called for in the plan in that I gathered all
the reports called for except for Dr. Wong's addiction evaluation is not acceptable due to his not being a
licenses addictionologist. I will agree to getting such an evaluation done as soon as possible.
My plan is to send in Dr. Wong's report and make the offer to have a different doctor if they want.
24 of 38
3/11/2012 6:07 AM
25 of 38
I met every other condition set forth in the evaluation and provided proof thereof to LAP with hundreds
of A.A. signatures over a two and a half year period, and made myself available for drug testing at all
times.
I need to get the documentation

I will send the Wong report as soon as possible.
----------------------------------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com

Sent: Fri 5/26/06 2:13 PM
To:
On Apr 17, 2006, at 4:50 PM, Zach Coughlin wrote:
Please let me know if there is anything else I need to provide.
I am sending in the three medical reports I have.
I would like you to obtain and forward to me, your attendance slips for LCFL and AA.
3/11/2012 6:07 AM
26 of 38
----------------------------------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com

Sent: Fri 8/04/06 3:59 PM
To:

1 attachment
Moral Character Petn Coughlin.doc (30.0 KB) ,
State Bar Court web page

http://www.calbar.ca.gov/state/calbar/sbc_generic.jsp?cid=13469
State Bar RUles of Procedure

http://calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10151&id=1220
Enclosed is a very rough draft of what the petition should look like
----------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com
3/11/2012 6:07 AM
27 of 38

Sent: Fri 8/11/06 11:31 AM
To:
On Aug 11, 2006, at 10:35 AM, Zach Coughlin wrote:
I wanted to ask you one question. Is there a requirement that I report the CBX decision to anyone, say
the State Bar of Nevada?
That issue would be governed by Nevada law. I don't know the answer. Do keep in mind that a CBX turndown is
not "discipline."
----------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com
From: Zach Coughlin (zachcoughlin@hotmail.com)

Sent: Tue 2/20/07 2:51 PM
To:
3/11/2012 6:07 AM
Hi Jerry,
Here is something from Pam. I am getting the medical reports to you soon.
Thanks,
Zach
Hello Pam,
I have waited until now to send in the materials required as I have finally received all of the items from the respective
doctors, pharmacy, etc... and will be sending these to you today via fax and priority mail. I apologize for the delay in
providing all of these materials, however, I thought that sending them all in at once would help avoid any further confusion
arising out of my providing the required materials. I apologize for the delays caused by mydelays or confusion.
I have messages in to several addictionologists in Reno, however, to use my insurance I must procure a referral from my
primary care physician, whom I am scheduled to see tomorrow. I will update you as soon as I have an appropriate review
completed.
Apparently, Jerry Fishkin was in trial for an extended period of time, and is now on vacation, I believe, so my ability to
communicate with counsel has been slowed somewhat, which is not usual at all in my dealings with Mr. Fishkin's office, i.e., I
believe they are quite busy right now. However, I have been contacted by personnel from the firm and we are getting
communications for the attorney client relationship in order.
However, recently, my Grandfather in Dayton, Ohio passed away and I was unavailable for communications for an extended
period while travelling to and attending my grandfather's funeral in Dayton, Ohio. This included a day and a half stay at
Chicago O'Hare's snow covered airport. Also, during and following this trip I developed a severe stomach flu and was quite ill
for an extended period of time, thus, I apologize for the delay on my part with respect to delivering the materials discussed
in our last telephone conversation. Please look for these materials today or tomorrow at your convenience.
Sincerely,
Zach Coughlin
From: "Poley, Pam" <Pam.Poley@calbar.ca.gov>

To: <zachcoughlin@hotmail.com>
Subject: RE: a few notes
Date: Wed, 25 Jan 2006 14:15:00 -0800
Zach,
It does not appear from Dr Wongs limited biography that he is an addictionologist. Physicians who specialize in
addiction medicine can be found on the following website: http://www.csam-asam.org
/find_csam_physicians.vp.html While this contains info on CA docs, there is a link for other states as well.
28 of 38
3/11/2012 6:07 AM
29 of 38
Here is a perfect example in your area:
Amy Khan, MD, MPH

34 Reservation Road
Reno, NV 89502
Phone: (775) 329-5162 x227 Fax: (775) 785-9160
amy.khan@ihs.gov
Primary Specialty: Addiction Medicine /Family Practice
Second Specialty: Epidemiology
Clinical Specialist Consultant, Indian Health Service, Reno-Sparks Tribal Health Center
Certified by ASAM in 1994
I have contacted Jerry Fishkin a number of times and while he is returning my calls, we appears (?) reluctant to leave any
kind of word on your drug testing on my voicemail. Ive also tried to set up an appointment to speak to him but havent been
successful.
I spoke to your therapist the other day and reviewed your Participation Plan w/ him. He is now aware of what you need to
accomplish to be considered compliant. Perhaps he can help you as well.
I have yet to receive the ROI (release of information) back that I sent to you for your Well Being Monitor. Please decide who
you want to use, sign the form and send it back to me. I will then contact that person and make sure they understand their
role and are an appropriate choice.
Thanks
Pam
From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]

Sent: Tuesday, January 10, 2006 1:07 PM
To: Poley, Pam
Subject: a few notes
Thanks Pam,
I appreciate your sending this form and for helping me understand everything that I need to do or
correct in reference to the packet I sent in late December. I am tending to all the matters we discussed
3/11/2012 6:07 AM
30 of 38
on the phone (Dr. Rasul report, Dr. Wong check for licensure in addictionology, Dr. O'Gara report,
Updated Pharmacy Report with check on best form for production-most official and complete,
well-being monitor report complete with authorization-roi).
Dr. Wong's website page is pasted below. I do not believe it speaks to whether he is licensed in
addictionology. I researched addictionology briefly though and it seems that there might be more than
one licensing body for that field (as is the case with many specialities). Is there a certain body that the
license in addictionology should be from, or is any widely recognized body sufficient? I have several
messages into Dr. Wong's office and some of the addicionology licensing organizations for the purpose
of determining whether Dr. Wong is qualified to submit an addiction evaluation.
I am working diligently on these matters and will have them to you as soon as possible. I apologize for
my confusion and the delay.
Sincerely,
Zach Coughlin
Dr. Wong's website page is pasted below:
http://www.asanr.com/dyn_news.asp?area=fullNews&newsID=73&iefix=75872440
From: "Poley, Pam" <Pam.Poley@calbar.ca.gov>
To: <zachcoughlin@hotmail.com>
Subject: ROI
Date: Tue, 10 Jan 2006 11:37:44 -0800
Heres the ROI for your new well-being.
Pam Poley, MFT, CADC

Case Management Supervisor
Lawyer Assistance Program
1010 Hurley Way, Suite 110
Sacramento, CA 95825
Telephone: (916) 564-5183
Fax: (916) 564-5214
pam.poley@calbar.ca.gov
This e-mail may contain confidential and privileged materials for the sole use of the intended recipient(s). Any
review, use, distribution or disclosure by others is strictly prohibited. If you are not the intended recipient (or
authorized to receive for the recipient), please contact the sender by reply e-mail and delete all copies of this
message. Thank you.
3/11/2012 6:07 AM
31 of 38
><< ROI-General.doc >>
HI Jerry,
I wouldlike to take the latter approach, deal directly with CBX. I will get all the materials I have to you by tomorrow. How is
Thursday at 2pm for a telephone talk? Or, just provide a time and I will make it.
Thanks,
Zach
From: Jerome Fishkin <jerome@fishkinlaw.com>

To: Coughlin Zach <zachcoughlin@hotmail.com>
Subject: CBX Response to Poley
Date: Wed, 15 Mar 2006 10:38:56 -0800
We have both received Pam Poley's letter of March 8, 2006. Therefore, the project of writing her is now obsolete.
You have two choices as I see them. One is to accept Poley's offer; the second is to deal directly with CBX. They both have pros and
cons.
Your relationship with LAP has been star crossed since the beginning. I doubt that another six months will accomplish anything for
you. However, if you did do another six months, AND if it met with their approval, your chances of admission would be excellent. IF
there were a continuation of problems, your chances of admission would be slim. Given Poley's comments to you about me, however,
I think this option works better if you fire me (at least for six months!).
I do think that the alternative approach is to provide CBX with a thorough rendition of your sobriety -- a report from your doctor,
copies of your Nevada attendance, letters from people in your AA group, etc. This approach assumes that CBX would recognize that
not everyone benefits from LAP. Also, it gives credence to the argument that you are sober and staying sober, but that trying to add
LAP in California on top of your Nevada work is just too much. I think there is a reasonable chance that this would work.
There are no guarantees of course. EIther way might work; either way might fail. I am inclined toward the second approach because
it is consistent with your actions, therefore intellectually honest. And I doubt that you plus LAP works. That goes double if Poley
continues to tell you I'm the problem.
I would like to contact CBX and determine what sort of deadline we are under. However, the sooner you get to me, all of the Nevada
information, the faster I can act on your behalf
I will be in the office all day today and Thursday. Feel free to set a specific time for a phone appointment.
3/11/2012 6:07 AM
32 of 38
----------------------------------------------------------------------JEROME FISHKIN
Phone 415.403.1300 Fax 415.781.7290
www. FishkinLaw.com
Hello Ms. Poley,

I am writing to seek clarification in regard to some of the instructions I received at the evaluation that took place on August
19th, 2005. Ms. Thibault indicated to me during the evaluation that it was my responsibility to inform LAP of the time or
date at which the California Bar wanted to receive something from LAP.
I am writing to get clarification in regard to whom I should call or write about this at the California Bar. Further, can you
clarify what it is that the California Bar will be wanting from LAP in the event that I am asked that question. I see in the
Abeyance Agreement that I entered into in July, 2004, that a report is called for from LAP during this period.
I am awaiting a communication from LAP with instructions in regard to the conditions that were discussed at the conlusion of
the evaluation on August 19th. It is dificult to be sure I am complying with these conditions without having something to
refer to other than my recollections of the discussions on August 19th. I recall something being said that required I make an
appointment for testing within 2 weeks of the date of the evaluation, but I am not sure exactly what was it was that I was
required to do and with whom. Could you please confirm that I will be receiving something from LAP setting forth these
conditions?
Can you confirm what you have received from me or my attorney, Jerome Fishkin so far (specifically, whether you have the
status reports from Oliver Ocskay, Ph.D, Letter of Kelly Testolin, Esq. (my AA sponsor for over 2 years), Letter of Coe Swobe,
Esq. (President of the State Bar of Nevada's Lawyers Concerned for Lawyers, Past Employer's Letters of Recommendation, AA
signature pages, Personal Statement regarding my recovery, and anything else)?
I would appreciate it if you could let me know (by email or otherwise) if you have received the release for Dr. Wong and also
whether there is any documentation that I need to submit at this point. I would appreciate your letting me know whether my
application is deficient in any way. My Abeyance Agreement calls for reports from me to LAP. I have sent reports to you,
care of LAP since the July 2004 signing of the Abeyance Agreement and would appreciate your confirming whether you
received these reports and the contents of these reports. Lastly, could you please let me know whether the reports that I
sent are not sufficient, and if so, what I should include in any new reports that I may need to provide. I appreciate your help
in these matters and realize that you must be very busy and I will try to assist you in this process in any way I can.
During the evaluation I mentioned that I did not remember exactly when I last saw my counselor, Oliver Ocskay, Ph.D. I
would like to amend my answer in that my records show I had actually seen Dr. Ocskay within one month of the evaluation
and again had a session with him on August 22nd, 2005. During that session he mentioned to me that he received a voice
mail from you and that he had returned your message and would await further instructions from you. Please let me know if
there is anything I need to do in this regard.
Also, please note that the pages containing signatures of my attendance at LCL and AA meetings in Reno is not an exhaustive
3/11/2012 6:07 AM
33 of 38
account of all of my attendance at these meetings. Given that I was not required to gather such signatures at that time, I
was merely collecting these pages to aid LAP in its evaluation of my recovery. I do have more pages of signatures which I
will provide to LAP. These pages could not be located prior to the August 19th, 2005 meeting. Further, there have been
many instances where I attended an LCL or AA meeting and did not gather a signature.
Lastly, please note that Mr. Fishkin is still my counsel for this matter.
Thank You,
Zach Coughlin, Esq.
Hi Pam,
I only just sent out the release for Dr. Wong. I apologize for taking so long to tend to what to me is an extremely important
matter that I give the highest priority to. It is not a good excuse, but I have just been so overwhelmed with the demands of
training and adjusting to my new job as a litigation associate in a law firm here in Reno. I look forward to seeing you as well
on August 18th. Could you please let me know if there is anything that I need to bring to this meeting, ie, documentation,
paperwork, identification, etc? Also, please let me know if there is anything that you recommend that I bring.
I really hope you can appreciate that the reluctance you have seen from Jerry and my end really has nothing to do with you.
Indeed, I have great respect and admiration for your abilities as a counselor and for what you can bring to one's recovery.
Several years ago I attended a few LAP meetings in Davis, California, purely out of curiousity in regard to exactly what LAP
involves, and I met with many of the participants afterwards for coffee and conversation and many of these individuals spoke
very highly of you, your professionalism, and your talent for counseling and getting to the heart of the important issues.
The reluctance chiefly stems from the rather dire financial straights I found myself in without a law license in any state (and
fear of the prospect of the fees that may be involved in participating in both LAP and LCL), and from a few somewhat bad
experiences in the past regarding the commentary of others (even where those doing so are merely performing their
professional responsibilities) on the medical conditions and treatment thereof of some of those close to me. Also, while this
may be hard to understand or believe, I experienced concern over the effect on my recovery program that being required to
do anything (attend meetings, random urine testing) would have on my enthusiasm for my recovery program. I feared that I
may experience a dampening of enthusiasm if I began to see recovery as something I was being required to do, rather than a
choice I was making on a daily basis. You have probably come across examples of, or at least literature relating to, this trait
of defiance and resistance to structure in alcoholics and, sometimes, those with ADD/ADHD. Of course, there are many,
many times where I now must follow the structure set forth in various areas of my life, both personal and professional, and I
do so fully. However, to the extent that there is an option relating to whether I will have more structure or less in my life, I
often wish to opt for less structure.
I appreciate that all my little feelings and concerns are not so important (especially given the public policy implications
involved in having unfit individuals practicing this profession), however, but I just wanted to try to explain why this process
has gone on as long, and as slowly as it has. It is important to me to let you know none of that is personal with respect to
you. Further, I can assure you that Jerry Fishkin has never said one negative word about you. Rather, my interactions with
Jerry have been confined to rather dry assesments of the state of the law with respect to individual bar applicants privacy
rights, the LAP, and issues of that sort. Remember, we are lawyers and that type of stuff is nearly irresistable to us to get all
muddled up in!
I'll see you on August 18th.
3/11/2012 6:07 AM
34 of 38
Thank You,
Zach Coughlin
Hi Mrs. Poley,
Sorry for the confusion. As I wrote in my earlier email:
Zach wrote:
> > Also, the release for has a section calling for the names and address
>of parties who are authorized to 'obtain/disclose' documentation related
>to my care and or treatment. I did not understand whether I was to
>insert the names and address of my care providers in this section so I
>have left it blank until I receive further instruction. Please let me
>know if I need to insert such information.
Pam Poley wrote:

>
>You also signed a blank authorization - No contact person or what you're
>limiting the subject to?????
I have never filled out these forms before, and as such, I do not fully understand everything they are asking for. Can you tell
me whether your question above, referring to a "blank authorization" is the same section that I was referring to in my
question ( I am pasting a copy of the question from my earlier email above)?
As for the
>From: "Poley, Pam" <Pam.Poley@calbar.ca.gov>

>To: <zachcoughlin@hotmail.com>
>Subject: RE: Answers to your recent questions.
>Date: Fri, 17 Jun 2005 16:03:04 -0700
>
>Zach,
>
>
>
>I only want to confirm w/ Debra that there's a reason for you to be in
3/11/2012 6:07 AM
35 of 38
>this program and that it won't be another exercise in futility. So, the
>conversation I'm planning on having will be one way w/ her talking.
>
>
>
>Re: documents, you signed a blank authorization for CBX, no boxes
>checked to indicate what can be discussed?????????
Zach wrote:
Pam Poley wrote:

>
>You also signed a blank authorization - No contact person or what you're
>limiting the subject to?????
>
>And finally, I received the 2nd page of an Evaluation Plan. Where's the
>first page?
>
>
>
>Please start at the beginning. Call me and complete a phone intake. I
>will then provide the necessary documents. This is only wasting yours
>and my time.
>
>
>
>Pam
>
>
>
>
_____
>
>From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
>Sent: Wednesday, June 15, 2005 2:32 PM
>To: Poley, Pam
>Subject: Answers to your recent questions.
>
>
3/11/2012 6:07 AM
36 of 38
>
>Dear Mrs. Poley,
>
>
>
>I do not object to your speaking with Mrs. Lawson about anything other
>than comments (including questions based on hypothetical situations)
>that I may have made to you after being assured they were confidential
>and privileged.
>
>
>
>To address your question of the doctoring of any documents, the
>agreement was modified in accord with an agreement Mr. Fishkin made with
>Janice Thibault. Please let me know if you are referring to any type of
>changes that Mr. Fishkin may have made that are not otherwise part of
>that agreement with Janice Thibault. If you are referring to any such
>changes, please identify them specifically, in writing, to both Mr.
>Fishkin and myself at your earliest convenience.
>
>I left a message for you yesterday, June 14th, 2005, in an attempt to
>proceed with the LAP's evaluation pursuant to the Abeyance Agreement. I
>will try to reach you again today.
>
>Sincerely,
>
>Zach Coughlin, Esq.
>
>
>
>
> >From: "Poley, Pam" <Pam.Poley@calbar.ca.gov>
> >To: <zachcoughlin@hotmail.com>
> >Subject: RE: Returning your call
> >Date: Tue, 14 Jun 2005 13:41:49 -0700
>>
> >Zach,
>>
> >I'm not sure about the Evaluation Plan that you signed as that is
>something that is signed upon intake. You haven't completed a phone
>intake yet and we need to do that. Anything that you may have
>"doctored" for either the EP or a release is not going to be adequate.
>Also, I'd like your consent to speak to Debra Lawson to make sure this
>is not a waste of time for either one of us.
>>
> >Thanks
>>
> >Pam
>>
> > -----Original Message----> > From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
3/11/2012 6:07 AM
37 of 38
> > Sent: Mon 6/13/2005 5:46 PM

> > To: Poley, Pam
> > Cc:
> > Subject: Returning your call
>>
>>
>>
> > Hello Mrs. Poley,
>>
> > I am writing to inquire as to the next step in the process of being
>evaluated by the LAP program. I will call you on the telephone again,
>but perhaps we will be able to make some progress via the use of email.
>This is a good way to reach me, via this email account. I have sent Mr.
>Fishkin my signed LAP forms (including the release and consent agreement
>and evaluation plan), however, I have another set of originals that I
>can send directly to you, if necessary. Please let me know if and where
>I should sent these documents.
>>
>>
> > Thank You,
>>
> > Zach Coughlin, Esq.
>>
> ><< winmail.dat >>
>
Play Flexicon: the crossword game that feeds your brain. PLAY now for FREE.
From: Fishkin Jerome (jerome@fishkinlaw.com)

Sent: Wed 10/20/10 11:34 AM
To:

2 attachments
TOWERY MEETING NOTES - October 2010.doc (30.5 KB) , unknown.gif (4.8 KB) ,
3/11/2012 6:07 AM
38 of 38
3/11/2012 6:07 AM

Jerome Fishkin, Esq. LAP Pam Poley, MFT Jerome@

Încărcat de

Informații document

Titlu original

Drepturi de autor

Formate disponibile

Partajați acest document

Partajați sau inserați document

Opțiuni de partajare

Vi se pare util acest document?

Este necorespunzător acest conținut?

Drepturi de autor:

Formate disponibile

Jerome Fishkin, Esq. LAP Pam Poley, MFT Jerome@

Încărcat de

Drepturi de autor:

Formate disponibile

Hotmail Print Message

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

Hotmail Print Message

packet before we talk.

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

on 3/28/05 1:41 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Congrats. Send me a copy as soon as you can, as it should help in California.

Hotmail Print Message

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

on 4/4/05 12:32 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Summaries of recent California attorney conduct case law at FishkinLaw.com

Hotmail Print Message

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

First of all, congrats on Nevada.

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Hotmail Print Message

Zach Coughlin (zachcoughlin@hotmail.com)

on 4/6/05 7:15 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

on 4/12/05 7:16 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

I am anxious to get your advice.

Hotmail Print Message

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

on 5/4/05 7:57 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Hotmail Print Message

It is somewhat open ended.

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

on 5/5/05 6:13 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Hotmail Print Message

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

I sent the originals via Fed Ex.

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

Hotmail Print Message

on 6/10/05 1:57 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Summaries of recent California attorney conduct case law at FishkinLaw.com

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

where to send them.

Summaries of recent California attorney conduct case law at FishkinLaw.com

Hotmail Print Message

From: Jerome Fishkin (jerome@fishkinlaw.com)

Zach Coughlin (zachcoughlin@hotmail.com)

on 6/14/05 2:09 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote: