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Re: Crary Response Due September 17th!


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 9/15/03 9:20 AM
To:

http://artists.mp3s.com/artists/453/zach_coughlin_esq1.html (zachcoughlin@hotmail.com)

Cc:

zackcoughlin@hotmail.com

on 9/14/03 10:59 PM, http://artists.mp3s.com/artists/453/zach_coughlin_esq1.html at zachcoughlin@hotmail.com wrote:

Dear Jerry,

Hello and let me say that if you like I will call you Mr. Fishkin, if you like, your track record certainly deserves much
respect.

JERRY is fine with me.


What e-mail address should I use for you?

--------------------------------------------------------------------------------------------------------------------------------------------------------------------JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300 Fax: 415.781.7290 e-mail: Jerome@FishkinLaw.com
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Re: Crary Response Due September 17th!


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 9/15/03 9:46 AM
To:

http://artists.mp3s.com/artists/453/zach_coughlin_esq1.html (zachcoughlin@hotmail.com)

Cc:

ZachCoughlin@hotmail.com

on 9/14/03 10:59 PM, http://artists.mp3s.com/artists/453/zach_coughlin_esq1.html at zachcoughlin@hotmail.com wrote:

I was wondering if there was any advice you could give me on my situation in Nevada.
Call Me please.
Note the first e mail address; that's what appears on your incoming e-mail.
The second one is the one I have listed for you, but it bounced back my last e-mail to you
Compounding my confusion is that my machine somehow translates the first one into being an alias for the second one.
Call Me please.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------JEROME FISHKIN,

Attorney at Law. 369 Pine, #627, San Francisco CA 94104


Phone: 415.403.1300 Fax: 415.781.7290 e-mail: Jerome@FishkinLaw.com
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

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Re: email is zachcoughlin@hotmail.com


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 9/15/03 10:16 AM
To:

zachcoughlin@hotmail.com

on 9/15/03 9:52 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:


Thanks, and please note that I now have a fax number.

What is your fax # ?

--------------------------------------------------------------------------------------------------------------------------------------------------------------------JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300 Fax: 415.781.7290 e-mail: Jerome@FishkinLaw.com
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Re: email is zachcoughlin@hotmail.com


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 9/15/03 10:19 AM
To:

zachcoughlin@hotmail.com

on 9/15/03 9:52 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:


If I send an email via outlook...
Until some time later today, perhaps tomorrow, I am also using Outlook Express. It gives me a lot of trouble.
I am upgrading today and plan to switch over to something else, probably the internal Apple softward on OS - X, at least once it gets installed. If that does not work, I
will try Entourage.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300 Fax: 415.781.7290 e-mail: Jerome@FishkinLaw.com
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Re: email is zachcoughlin@hotmail.com


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 9/15/03 10:25 AM

3/11/2012 6:28 AM

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zachcoughlin@hotmail.com

on 9/15/03 9:52 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:


Thanks, and please note that I now have a fax number.

I guess you have a new phone # too. Please reply with current phone, fax numbers; and your mailing address, to be sure I am up to date.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300 Fax: 415.781.7290 e-mail: Jerome@FishkinLaw.com
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Crary Response due 9/19


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 9/15/03 10:34 AM
To:

zachcoughlin@hotmail.com

The Crary response is due this Friday Sept 19.


You should mail in the change of address to her as well as to the L A address on the bottom of the letter.
I propose to send to Crary, notice that I represent you. Once you are in follow up mode, then there is no reason to keep me in the background.
The only Dr. Hunter report I have is dated 5/21/02 and addressed to Mr. Christianson. I see no reason to withhold it from Ms. Crary and propose to send it on to her.
As far as I can tell, you notified CBX that you passed the Patent Bar Exam but have not yet told CBX that you are now admitted, so we should update them with that
info also.
I will deal with Nevada issues in a separate e-mail.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300 Fax: 415.781.7290 e-mail: Jerome@FishkinLaw.com
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Nevada Response
From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 9/15/03 10:47 AM
To:

ZachCoughlin@hotmail.com

on 9/14/03 10:59 PM, http://artists.mp3s.com/artists/453/zach_coughlin_esq1.html at zachcoughlin@hotmail.com wrote:

....The NV Supreme Courts order last December said they were deferring consideration of my application until
October 1, 2003. I have been attending therapy with a psychologist, Oliver Ocskay, Ph.D., with whom I have

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developed a good relationship. The therapy was part of my 'consent' agreement with the Nevada Bar....I have
called Christiansen about six times over the last two months and the only answer I got was an email from his
secretary. It said:... I contacted the State Bar this morning to inquire as to
how you go about having your application for admittance reconsidered by
the Supreme Court. I was told by Ms. Eichman's assistant that you
need to prepare a letter of intent to have your application
reconsidered. Said letter must be submitted to the Bar prior to October 1, 2003.
Please forward all correspondence through our office so Pete or Mike
may review it prior thereto.... The court's order states that it is reconsidering my
application in October of 2003.

So, I am wondering what a "letter of intent for reconsideration" should entail.

I don't know Nevada law. In California, you would be under an "abatement" agreement, which in turn would mean you would do nothing. I emphasized
the word "reconsider" in the previous text, because that implies something a lot different than "defer."
I would suggest you draft a letter to the Supreme Court that uses the language of its order, and then ask that you now be admitted. I would not
regurgitate old information; concentrate on your last year or two. Send it via your Nevada attorney and call their attention to it. If you send me a copy, I
will edit it for you.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300 Fax: 415.781.7290 e-mail: Jerome@FishkinLaw.com
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Re: Take a Second Look


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 9/15/03 5:07 PM
To:

http://artists.mp3s.com/artists/453/zach_coughlin_esq1.html (zachcoughlin@hotmail.com)

Cc:

ZachCoughlin@hotmail.com

on 9/14/03 10:59 PM, http://artists.mp3s.com/artists/453/zach_coughlin_esq1.html at zachcoughlin@hotmail.com wrote:


Dear Jerry,
Hello and let me say that if you like I will call you Mr. Fishkin, if you like, your track record certainly deserves much
respect.....Our sessions consisted of him smoking cigarettes and indicating that there was nothing wrong with me so why
don't we just shoot the breeze. Shooting the breeze cost another $2,000. I hope the above does not make me sound
unprofessional and bratty.
I have called Christiansen about six times....
Sent: Monday, September 08, 2003 1:43 PM
To: Kelly Huff
Subject: client correspondence`
Dear Miss Huff,

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I have left five telephone messages over a period of one and a half months and written numerous emails to Pete and Mike.
This does not seem to keep with the attorney's duty to keep clients informed and to communicate with clients. I wish to
have some sort of corresponence from my attorney of record....

Zach,
One of the problems in this business of law is that we deal with a lot of frustration. You should not have to go 6 months without communication from Christiansen,
then get a letter from his secretary that indicates she did the work on her own. Having said that, you should take a look at your response. Pardon the Father Fishkin
lecture, but here's a couple of things for you to think about.
Take a look at this text:This does not seem to keep with the attorney's duty to keep clients informed and to
communicate with clients. This is similar to some of the correspondence back at law school that got you into trouble. It's not that the statement is untrue;
it's that the statement is from one who has lost his temper. One of things I advise my clients is to keep your statements, verbal and written, temperate. And keep on
track. It may have been a lot to pay him $5,000, but get the most bang for your buck. Ask Huff to set up an appointment for you to meet Christiansen in person to go
over your letter.
On the other side of the scale. You wrote me, I

respect.

will call you Mr. Fishkin, if you like, your track record certainly deserves much

This language gets onto the obsequious side of things. There are some statements in your CBX letters that sound that way too. I appreciate the respect,

but we already are Jerry and Zach, so we can leave it alone. I guess there are people, including a lot of attorneys, who like their clients to fawn over them, but for the
most part it does not help with people like me, CBX, and other decision makers.
Live and Learn. I suppose some of this comes from my own personal odyssey of learning what the right thing to say is, in the right circumstances. Some of this stems
from my specialty, in which I am often advising people to temper their natural tendencies, whatever those are, into temperate, well modulated statements.
As for my fees, you're welcome. Your comments on that fee, earlier as well as now, got me to thinking. I set my fee with the following thoughts. My moral character
clients take about 4 - 10 hours from application through "informal subcommittee hearing." Typically, it's about 5 - 7 hours, which brings it within the customary hourly
rate I charge attorneys. Many students cannot afford my retail rate, some can, so the flat fee seems to work out well for most people in the long run. Sometimes I
make out better, sometimes worse.
It is likely that yours will take more time than the two clients for whom I just completed subcommittee hearings. Over the course of time, it has worked out ok. I will
probably increase the fee next year, but not by $3500!

--------------------------------------------------------------------------------------------------------------------------------------------------------------------JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300 Fax: 415.781.7290 e-mail: Jerome@FishkinLaw.com
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Re: Fees
From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Tue 2/10/04 2:26 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 2/10/04 10:05 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

I have received several bills, or what look like bills from your
office for $750. I apologize for not addressing this earlier. At present I
do not have the means to send this. Also, I was under the impression this
would be due right around (the day before is what I recall you stating) the
day of any bar hearing that might be scheduled.

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Our agreement is that the second $750 is due when the subcommittee hearing date is set.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------

JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300

Fax: 415.781.7290

e-mail: Jerome@FishkinLaw.com

Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Re: Nevada Response


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Tue 2/10/04 2:28 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 2/10/04 10:05 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Please take a minute to look at www.CoughlinMemoryFoam.com. I started this


business a few months ago.

Please look at your state bar instructions. Changes in address as well as employment, including self employment, have to be sent to the State Bar. Please draft a letter and mail it to
me, so I can send it in.
Also, what is the status of your Nevada application?

---------------------------------------------------------------------------------------------------------------------------------------------------------------------

JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300

Fax: 415.781.7290

e-mail: Jerome@FishkinLaw.com

Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Nevada Inaction
From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 5/10/04 10:39 AM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

The information you quoted from Pat Eichman is the sort of information that I would provide in California on request. It appears to me that you would do well by replacing Mr. Sanft, if
he has not replied to the court / bar by now.
Your ever changing employment and self employment status has to be reported to the California Bar Ex (CBX). According to my file, you last reported employment with Perry & Spann
and only sporadic tutoring of neighborhood kids. I need a letter from you addressed to the CBX, showing the updates. E-mail me the proposed text first, so what you send me
eventually can be placed in final form to forward to the Cal State
In addition, you last reported a pending USPTO application; did that ever get ruled upon? If so, it has to be reported. Same drill as above for report to CBX

---------------------------------------------------------------------------------------------------------------------------------------------------------------------

JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300

Fax: 415.781.7290

e-mail: Jerome@FishkinLaw.com

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Re: Nevada Inaction


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Fri 6/11/04 10:27 AM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 6/11/04 10:11 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

I am sending this again, as I am not sure you received it. I am trying to


find the letter I got from the Patent Office confirming my admission. I
also have a framed piece of paper with a seal on it showing admission.
Should I photocopy that? My Registration No. is 53,905, and should show my
admission at www.uspto.gov.

The attached letter looks good; I have not seen it before. Please sign it and mail it to ME, so I can send it on to Crary.
Create a second letter that reads, I was admitted to practice before the United States Patent & Trademark Office on (date). My Registration Number is 53,905. Please see attached.

ZACH: the attached could be a copy of that letter, a copy of the framed paper, or the download. Whatever it is, copy it. Once again, send that letter to ME, so I can send it on to Crary.

---------------------------------------------------------------------------------------------------------------------------------------------------------------------

JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300

Fax: 415.781.7290

e-mail: Jerome@FishkinLaw.com

Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

Re: Nevada Inaction


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 6/14/04 11:32 AM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 6/12/04 8:53 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Can you give me an idea of how soon such a meeting or interview would take
place? Would it be in SF or LA?

If CBX looks at your file in June, the meeting should be scheduled for July (August the latest) in San Francisco. We would then begin meeting prep

---------------------------------------------------------------------------------------------------------------------------------------------------------------------

JEROME FISHKIN, Attorney at Law. 369 Pine, #627, San Francisco CA 94104
Phone: 415.403.1300

Fax: 415.781.7290

e-mail: Jerome@FishkinLaw.com

Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

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RE: Bar Admission and employment


From: Bo Barker (bobarker@barkermartin.com)
Sent: Mon 11/22/04 8:29 PM
To:

zachcoughlin@hotmail.com

ZachThank you for the email. I now have a better understanding of your situation. Please make me a set of records and
give them to me when I arrive on the Saturday after Thanksgiving, November 27th.
I am interested in your leading a healthy, happy and productive life. I do not know how the ues of prescribed drugs
figures in to that. I have a skin condition on my foot that I treat with a prescription drug topically applied. I have trouble
relating my use of prescribed drugs to your use -- they are totally different. I have used prescribed antibotics for
pneumonia. Again, totally different from your situation. I would not want to take the position that you should not have a
needed medication. This is difficult for me to understand in spite of all the information you have provided. Perhaps the
best thing for me to do is ask that you 1) try alternatives (yoga? or other regular exercise); 2) set a goal of terminating
long term use of even prescribed drugs by a specified date; 3) keep me informed of the drugs prescribed for you and
your use; and 4) commit to me on a regular and continuing basis that you are not abusing drugs. In exchange for
helping you, I want your committment that you are not abusing and will not abuse drugs. Is this a fair request? If so,
how can we effectively monitor your progress? If not a fair request, why not and what would be a fair request?
Do you have any names of attorneys that you might interview Nov. 29-Dec 1? If so, please send them to me. Thanks.
Bo
From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Mon 11/22/2004 5:15 PM
To: Bo Barker
Subject: RE: Bar Admission and employment
Hi Bo,
I only received the email you sent on Thursday today, Monday the 22nd. Now
that I have had more time to think about it, I should have told you about
what medications I currently take. I have developed a fairly defensive
attitude towards anyone inquiring in that regard, and I need to work on
getting over that. I propose to provide you with a confidential file of my
medical records from the past 5 years or so, this includes all the records
from physicians who have prescribed controlled substances to me. These
physicians include family doctors and pain management specialists
(anesthesiologists). I am very, very grateful that you have offered to pay
my attorney (especially considering you have already loaned me $5,000 for
paying my California attorney, Jerome Fishkin- see www.FishkinLaw.com). I
have the file that I proposed mailing to you and will send it out tomorrow,
unless I hear from you tonight in regard to waiting till you arrive. I am
inquiring as to who may be the best attorney for the job and will update you
as recommendations come in. I am working full time as a legal researcher
and am trying to do my very best, so it can be difficult to focus on both my
job and the bar matters, but I know I will need to 'suck it up' and take
care of business in both regards.
I am currently awaiting a response from Mr.. Fishkin in regard to whether I
should divulge my prescription history to the California bar's "Lawyers
Assistance Program" (LAP), the entity directed by the CBX to monitor my
recovery from alcohol abuse during the six month abeyance period that was

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issued. I suppose it is entirely likely that I should, or perhaps, must,


stop taking the medications that I currently take, which include Oxycontin,
a narcotic analgesic and controlled substance. I take two doses daily, each
is 40 mgs. I also take Adderall XR, which is a medication for Adult
Attention Deficit Hyperactivity Disorder. I will gather some balanced
information (medical literature, etc) speaking to the benefits and ills of
both medications. Many people are surprised to hear that pain medications
like Oxycontin are actually considered to be widely under prescribed.
However, there certainly is much attention given to the devastating
addiction problems that occur with some individuals, particularly when they
are crushing up the pills and 'snorting' them. This changes what is a long
acting pain medication for moderate to severe pain (doses are controlled
release over a 12 hour period) into a very potent high, the full dose being
realized in a short term manner, say over 1 to 3 hours. Taking it in this
manner is highly addictive.
I definitely feel like I am between a rock and a hard place in many
respects. Without a strong pain medication I feel my level of functioning
is dramatically diminished, including having a lessened capacity to work
full time and earn income. My back pain emanates from my mid thoracic area,
and often includes my cervical area as well (my neck). Typically, when I am
carrying on the normal day to day activities of a responsible person, ie,
working (typically in a sitting position in the legal line of work), the
pain has a tendency to take over most of my system and resembles
fybromyalgia, an overall achyness of the body and joints. This makes it
very hard to work a full day, interferes with concentration, contributes to
depression, and has a tendency to make me irritable (often accompanied by
inappropriate expressions of anger or frustration). Prior to being
prescribed narcotics, I also experienced a greatly diminished interest in
sexual activity, and can clearly remember going over 5 weeks without having
sex while I was in a live-in relationship with my ex-girlfriend, Melissa. I
remember simply feeling to tired and broken down physically to do much of
anything but take baths, sleep (or try to), consume massive quantities of
over the counter pain medications (usually to no avail), drink alcohol and
smoke pot. Pot and alcohol do have a fairly beneficial effect in terms of
lessening my pain levels, but of course, they are terrible for trying to
work and function like a normal human being when being taken on a continual
basis. I did not take any narcotics until I had been out of law school for
over six months. So, the outbursts that have set my career back so much all
occurred while either under the influence of alcohol or marijuana, or while
sober, but in a state where pain was affecting my thought processes and
behavior.
I also experience a good deal of distress from having my use of these
medications questioned and commented upon. This is mostly in regard to the
moralizing done by my Dad. I really feel he is not in a position to have an
unbiased and informed medical view towards my condition and treatment.
Further, its hard to stay motivated in AA when others are denouncing your
sobriety.
Certainly, I could appreciate how much of this commentary comes across, as
that of someone who is just 'wimpy' or making up excuses for being a
substance abuser. I definitely struggle tremendously with the moral
questions involved, as I desperately want to be a responsible self
supporting grown man who does not act out in ways that carry such negative

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consequences. I struggled for years and years just trying to 'deal with'
the pain. I can honestly say it made me suicidal for long periods of time,
and I truly believe the pain and its symptoms contributed greatly to
escalating my use of alcohol and marijuana to completely unhealthy and
inappropriate levels.
I feel that I am much better off taking a controlled does of Oxycontin or
some similar medication under a physician's watchful eye. My pain
management specialist, Dr. Wong, rendered the opinion that I should continue
treating the pain with a narcotic and whatever physical measures (heat, ice,
exercises, massage) that I found to help lessen my pain levels. At the time
I was also taking a very large dose of Neurontin, a neuropathic pain killer
that is not considered addictive and is not classed as a controlled
substance. I found that the benefits of taking Neurontin were decreasing
dramatically and Dr. Wong suggested I stop taking it since that was the
case. Now, my family practitioner, Dr. O'Gara, monitors my pain management
routine. This included monthly visits for probably the first six to eight
months, followed by visits once every three months. In this manner, Dr.
O'Gara write me three prescriptions at a time, each being dated for the 25th
of each succesive month, calling for a quantity of 60 pills per month. I
initially started taking Hydrocodone (commonly known as Vicadin, or Lortab)
but found that it made me drowsy and sometimes nauseous. Additionally,
Vicadin has a high level of acetaminophen in it (this is a commonly used
over the counter NSAID), and it has been widely reported that continued use
of high levels of acetaminophen can be deleterious to one's liver and
kidneys. So, with these side-effects in mind, I asked to be switched to
Oxycontin, which is much, much less likely to make one drowsy, or cloudy,
and does not contain any acetaminophen. My physicians agreed with that
reasoning and that is what I remain taking as of now. My dose has increase
since the initial two 20 mg tablets a day that I started on. Given that I
fluctuate between 220-240lbs and that patients typically develop some
'tolerance' to the drug and require a higher dose to get the same pain
relief, I asked to have my dose increased. My doctor's reviewed the pro's
and con's of this request with me and agreed to increase my dose, with the
understanding that I must be very vigilant about making my current dose
maintain me for as long as possible, and continue trying to find alternate
ways of alleviating the pain while maintaining a suitable level of
functioning. Dr. O'Gara commented that my body weight could very
conceivably be the reason why the smaller dose was not giving me an adequate
level of pain relief.
I switched to the 40 mg does in January and have felt it sufficient in the
majority of instances. There are still times when I wish I had more pain
relief, particularly during times of stress and when I would like to
accomplish more work. However, I am working hard to strike a healthy
balance between 'dealing' with the pain, accepting some limited functioning,
and not increasing my dosage.
To be successful in doing this I have learned and accepted that I have to
change my lifestyle considerably. This includes getting much more regular
sleep, using anger avoidance techniques, regularly attending AA and meeting
with my sponsor (who is a lawyer), not overeating, regularly taking my
antidepressants, regularly doing physical therapy exercises, and sleeping on
a more therapeutic surface. All in all, I am very pleased with the
increased level of functioning that taking Oxycontin has given me. When

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taken as directed (ie, orally and twice a day) I feel absolutely no


impairment of my judgment or behavior. I do notice that my mood is lifted
somewhat when I take this medication, but considering that I am in pain and
then experiencing relief, this is to be expected. My depression levels are
lowered when I am in less pain, and therefore my ability to concentrate and
do the task at hand is raised.
In spite of these improvements, the past several years have been
frustrating. It is tough to feel like I am making much progress. I have
had to redefine what success means to me in a situation where the license I
worked for has been held up for nearly four years. This has been stressful
and depressing. While I have developed more of an appreciation for the
Bar's responsibility and the impaired judgment I exhibited, I still have a
very strong feeling my gut that I, more or less, talked back to the wrong
people at the wrong time and have been paying the price of getting on the
wrong side of the 'old boy's club' in Nevada ever since. To me, my
transgressions did not call for the consequences I have faced. But, I have
the benefit of knowing that I did, in fact, turn in the writing assignment
that I was accused of lying about ever turning in. Also, I clearly did
something wrong in sneaking into a movie theatre and then running from the
ushers when I was caught. Further, I can appreciate how hard it must be
for everyone to comprehend how I be so 'stupid' as to challenge the
authority figures in the law school incident. But, in my heart and
conscience remains a gut-level feeling that a good deal of underhanded
treatment was directed my way. Its a complicated mix of my own failings and
immaturity, what living in pain day in and day out since I was 19 did to my
behavior, what my alcohol and marijuana use did to my behavior, and what I
see as the law school and Bar's abuses of discretion along the way.
I have not used any alcohol or marijuana for seven months. While I cannot
say I feel absolutely convinced that I am a 'true' alcoholic, I feel that
the events of my life these last few years necessitate some real changes on
my part and I am toughing it out and trying to work the AA program to the
best of my abilities. I have debated long and hard whether continuing to
use a narcotic medication is the right thing to do and feel quite strongly
that it is the best decision for my situation. I feel the same way in
regard to the Adderall (which is a 30 mg slow release dose of amphetamine
salts). Adderall is used for ADHD, and sometimes to 'supercharge'
antidepressants, and I feel it helps me with my concentration, attention to
detail, overcoming restlessness, and perhaps beating depression.
My medical records will reveal that I have tried alternate means of dealing
with these ailments, including extensive acupuncture treatments, physical
therapy, massage, psychotherapy, stretching, chiropractic treatments,
steroidal injections, and other physical measures. They simply have not
been able to get the job done.
I intend to remain open minded in regard to independent evaluations of my
use of these medications and am curious as to how one can best determine the
legitimacy of their use of medications. I have found that there do not seem
to be many simple answers.
Bo, I appreciate your concern in regard to these matters and intend to do
whatever I can to answer the questions you have. I look forward to seeing
you around Thanksgiving.

3/11/2012 6:28 AM

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Thank You,
Zach

RE: California Actions


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Tue 12/14/04 5:39 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

My last communication to the CBX (Committee of Bar Examiners) was to turn in your signed abeyance agreement.
I do not yet have letters from , Mr. Keith Lee, Coe Swobe or John Kadlic. I propose to wait a reasonable length of time for those letters, then to send them all in at once. Under the circumstances,
the last date should be December 29, 2004, I suspect.
It would be a very big boost if you were admitted in Nevada by then. I would really like to report such admission to the California people.
I would also like to obtain some sort of report from the Nevada equivalent of LAP. State Bar LAP is supposed to report to CBX. I would like to have some sort of Nevada report to send them, if you
can get one.
I am available by phone appointment most any time during the week of December 20.

----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

Re: California Actions


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Wed 12/15/04 1:28 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 12/14/04 9:50 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

How is 10:30 A.M. on Wednesday, December 22nd for a phone appointment.

My error; Im in court all day.


I am available 12/21 all day; 12/23 and 12/24 all day.
I can be available Monday 12/20, after 2 pm, but if you select a time on Monday, be sure to leave a phone message for me too.
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN

3/11/2012 6:28 AM

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Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

RE: Hello and a Request


From: Keith L. Lee (keith@leelawoffice.net)
Sent: Thu 12/16/04 8:30 AM
To:

zachcoughlin@hotmail.com

Yes
-----Original Message----From: Zach Coughlin [mailto:zachcoughlin@hotmail.com]
Sent: Monday, December 13, 2004 1:32 PM
To: keith@leelawoffice.net
Subject: Hello and a Request

Hi Keith,
Would it be possible to get a copy of the Letters of Recommendation from
yourself, Coe, and John Kadlic sent to my attorney in California, Jerome
Fishkin, Esq.? Mr. Fishkin is representing me before the State Bar of
California. His contact information is:
Jerome Fishkin
Attorney at Law
369 Pine Street, Suite 627
San Francisco, CA 94104
phone: 415.403.1300 fax: 415.781.7290
e-mail: Jerome@FishkinLaw.com
www.FishkinLaw.com
Please let me know if I can be of help in any way.
Thank You,
Zach Coughlin

RE: Request from LAP's Pam Poley


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Sat 12/18/04 1:22 PM
To:

zachcoughlin@hotmail.com

>----- ------- Original Message ------- ---->From: "Zach Coughlin" <zachcoughlin@hotmail.com>


... We
>could talk about it on the 23rd during our telecon,
>if that is most convenient for you
Let's do it then.
from JEROME FISHKIN, Attorney at Law
sent from out of office
-------------------------------------------------

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Re: Request from LAP's Pam Poley


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 12/27/04 6:11 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

I have the complete abeyance package from Bar Ex. I propose to mail it to Poley, copy to you, to avoid wasting time. Please confirm ASAP
I will comment on your letter to her, after I see your package.
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

Attorney Fees
From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 12/27/04 6:18 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

In one of your recent letters, you suggested that my fee could properly be increased due to the extra work that has become involved, post hearing. I was thinking the same thing. Our fee agreement
recites, among other things, 1. I will advise you on matters pertaining to your moral character application. If The Committee of Bar Examiners holds an informal hearing, I will also represent you at
that hearing.
I propose to charge you an additional $500 for work post hearing, on the abeyance and related issues, through the next ruling by the Committee of Bar Examiners. If they rule yes or no, that would be
the end of my work covered by the $500.
If they seek to extend your abeyance or request another informal hearing, well, we can discuss that issue at that time.
Let me know what you think, or if you need further information from me.

----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

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Re: Request from LAP's Pam Poley


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Wed 12/29/04 10:12 AM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 12/28/04 11:58 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

I will commit to paying you an additional $500. I will commit to not taking as long to pay you as last time. However, I would like to get a bit better understanding of how far this
additional payment will take your representation, ie, if the CBX comes back with another Abeyance or something similiar,

I contemplate that the $500 covers the current abeyance time, the various follow ups. I will accept the risk that either there is a further extension with some minimal work, perhaps a second personal
appearance.
If you are admitted, then there would be no further work for me to do. If you are denied, further work is not covered by our fee agreement; we would need a new one.
The uncertainty would occur if there comes an additional abeyance agreement with new terms and extensive work.

It simply is not possible at this point to see where this is going. So with that

uncertainty in mind, I think I have explained what I am thinking.


Is this agreeable to you?
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

Re: Request from LAP's Pam Poley


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Wed 12/29/04 10:19 AM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 12/28/04 11:58 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:


I am a bit curious in regard to whether you think I would have been better of not announcing that I was an alcoholic to the CBX, though it is water under the bridge and the answer may not be
knowable.
Your file indicated a problem with alcohol. Failure to announce it probably would have resulted in a straight out denial of your application. CBX is concerned about people with alcohol problems. It is
alarmed at people with alcohol problems who deny that they have them. So I think it was best to acknowledge the problem and deal with it directly.

From everything I can discern, his office failed to submit the Request for Reconsideration that I drafted in September 2003 (in response to their instructions to do so before the October 2003 end of
the NV Sup. Ct deferral period). It seems I can prove his office did receive this document, and repeatedly failed to return communications from me. Approximately one year of stalling in my
application occured. If this is the kind of case you take, please let me know, or alternatively, comment on whether this is something I should just forget about.
I dont represent people in malpractice cases. I dont know Nevada rules on malpractice. The proof of breach of duty would be straight forward; the problem would be proof of damages (that is, how
much PROVABLE income did the delay cost you?).
I have not yet received todays mail. I am still waiting for my copy of your package, so I can act then.
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

3/11/2012 6:28 AM

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An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

CBX Papers
From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Wed 12/29/04 6:09 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

Your papers did not arrive in todays mail.


I am leaving the office and wont be back until Monday (Jan 3rd, only a half working day away).
I understand that the Pam Poley letter you sent me is a copy of what you sent her, not a draft for my comment. In any event, it looks fine.
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

RE: CBX Papers


From: jerome@fishkinlaw.com
Sent: Thu 12/30/04 3:04 PM
To:

zachcoughlin@hotmail.com

On Thu, 30 Dec 2004 01:11:43 -0700, "Zach Coughlin"


wrote:

Hi Jerry,
I should point out that the draft narrative that I
emailed to you (and included in my package that was
mailed Monday) has not been sent to Mrs. Poley. I
wanted to give you the opportunity to make any
changes. Please confirm whether I should mail it out
now, as is.

Zach,
Yes, it is ok as is; mail it to her and send me a copy.
If you know her actual address (in Sacramento? San
Fracisco?), mail it to her rather than c/o L A office.
Your package to me still has not arrived as of
Thursday's mail. Next mail delivery is Monday January
3rd, when I am back in the office.
I am out of office until Monday Jan 3rd too.

3/11/2012 6:28 AM

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------------------------------------------------------------------------New Server, New Website. Please be patient while we work


out the e-mail bugs.

Re: CBX Papers


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 1/03/05 10:29 AM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 12/30/04 12:11 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Please confirm whether I should mail it out now, as is.

Sign it, mail it, send me a copy.

ASAP.
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

Papers for Cal State Bar


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Tue 1/04/05 3:43 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

FIRST, I sent the following letter to Keith Lee via Fax today

Thank you for the Zach Coughlin papers.

If the Report of the Bar Examiners and the Recommendation and Consent Agreement have been filed, is there a convenient way to obtain a file stamped copy for me?

If there is a Coughlin response, then I would also like a file stamped copy; or a plain copy if the file stamped version cannot be obtained.

Fax is fine for my purposes. I do want to submit these to the State Bar of California as soon as possible.

SECOND, I have not received any papers from you, specifically, a signed copy of your letter to Pam Poley.

When I get responses to the foregoing, then I can lodge papers with the State Bar. Please get me all of those items ASAP.

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----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

California CBX
From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Wed 1/05/05 3:44 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

Zach:
I got your parcel post package postmarked Dec 27, 2004. It just got here.
One portion of it was what you marked as already sent to Poley; I intend to send it to the State Bar.
The second portion is a draft of a letter to Poley. I have previously concurred that the letter is fine and should be sent. Send me a copy of the final version, showing your signature. Please fax it or
mail it via regular mail to me; Parcel Post is slow as molasses.
Finally, theres about 100 pages of written materials in there. It appears to be a copy of things youve done with the California and Nevada Bars; attorney client communications; some character letters.
What is that about, and what is your intention that I do with it?
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

Re: California CBX


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Thu 1/06/05 11:48 AM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 1/6/05 11:35 AM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

so if that one is signed, you could just send it instead of the one on the way.

No, its not signed. Best thing is to fax it to me; mail is taking forever, and I would like to get the package over to CBX by the end of the day tomorrow (1/7)
----------------------------------------------------------------------------------------------------------------

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JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

Re: California CBX


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Thu 1/06/05 3:56 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

The rtf version is printing. The fax only took page 1; were fixing the jam now; thanks for the warning.
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

Nevada Papers
From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Fri 1/07/05 4:40 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

Mr. Lee sent me two documents that appeared to be items filed with the Nevada Supreme Court. I cannot find my file copies. If you have them, fax or PDF them at once. We are looking through the
office, but it would expedite things if you sent me a copy.
I was a bit uncomfortable about sending them to the State Bar, simply because they dont have the usual indicia of court filed documents no signature, no date, and especially no file stamp on them.
However, if you assure me that they were filed, I will so represent to the Cal Bar people.
Otherwise, I have the package ready to go to CBX on Monday.
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

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Re: Nevada Papers


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Fri 1/07/05 5:33 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 1/7/05 5:22 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Keith said he was including the letters of rec. from Coe Swobe, former district court Judge Kadlic, and Keith's own letter, as well as my signed consent agreement.

Yes, those, plus I remember one other court filed document that went with the consent agreement. Keith sent them to me last week, I believe. I asked him for court filed versions of the two court
documents. Now I cant find my own copies of any of the 4 you mentioned, plus the one I have added to the mix here.
----------------------------------------------------------------------------------------------------------------

JEROME FISHKIN
Attorney at Law
Summaries of recent California attorney conduct case law at http://www.FishkinLaw.com

An attorney has a constant and perpetual rendezvous with ethics.

McClure v Donovan (1947) 82 Cal App 2nd 664, 666.

Re: Nevada Papers


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Sat 1/08/05 12:51 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

There is a problem in my office, with some misplaced papers.


SO:
The quickest solution is, go to Keith Lees office. Get a copy of whatever he filed with Nevada. Fax or overnite or PDF a copy to me. ASAP.
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

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Re: Nevada Papers


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Mon 1/10/05 4:26 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

I will call Keith's later in the day if I don't hear back from his office.

Keep it up. I just cant find the copies he sent me. And it would be nice to get copies that are file stamped with copies of everyones signature.

-----------------------------------------------------------------------------------------

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

Re: Nevada Papers


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Tue 1/11/05 3:16 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 1/11/05 2:09 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

I have called Keith Lee's a couple times, but keep getting the machine.

They just got here via fax


-----------------------------------------------------------------------------------------

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

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Re: Nevada Papers


From: Jerome Fishkin (jerome@fishkinlaw.com)
Sent: Tue 1/11/05 3:17 PM
To:

Zach Coughlin (zachcoughlin@hotmail.com)

on 1/11/05 2:09 PM, Zach Coughlin at zachcoughlin@hotmail.com wrote:

Mrs. Poley (in a bit of an agressive tone) indicated that I also need to sign the application agreement and something about drug testing. Hopefully, I will not be required to join LAP.
Perhaps once she gets the abeyance agreement things will be more clear.

I will send it to her today or tomorrow.


-----------------------------------------------------------------------------------------

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

3/11/2012 6:28 AM