Florida lawyer told to enter rehab said he’s not giving up evening cocktails with wife
Told to enter a three-year substance abuse treatment program, a Pensacola attorney answered by “asserting he would not give up his evening cocktails with his wife, nor did he have an alcohol problem.”
Months later, David Luther Woodward, aka David Woodward, called his answer “a comical reference to the social aspects of (his) marriage,” before listing other reasons he wouldn’t be undergoing treatment.
Woodward’s refusal counts as a contempt of court. A 91-day suspension began Wednesday.
“(I have) never been diagnosed as an abuser of alcohol,” Woodward wrote in an Oct. 30, 2023 filing. “Moreover, in more than 70 years of driving cars, trucks and farm tractors (have I) been detained, questioned, tested or arrested or otherwise questioned for any suspicion related to alcohol abuse.”
Woodward’s decision could end a law career that’s lasted longer than the lives of some grandparents. In addition to being a Florida Bar member since 1969, the 81-year-old Woodward is licensed in Texas and Oklahoma. The Florida State College of Law graduate is admitted to practice in 26 state and federal courts, including the U.S. Supreme Court.
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But the way Woodward handled — or, didn’t handle — a 2019 civil case caused his clients, seven children whose mother had recently died, to file a grievance with the Florida Bar. That grievance turned into a professional discipline case against Woodward and went before a referee, Judge Dustin Stephenson, in January 2022.
Stephenson’s referee report notes that Woodward didn’t “communicate with his clients after the initial consultation...keep them informed on the status of their legal case...notify them of hearings, the final trial date and the court’s orders to show cause.”
Other failures included “not showing up for the final hearing and making excuses after the fact for his failure to appear on the final trial date” and not filing necessary discovery motions.”
Stephenson recommended a 75-day suspension followed by a two-year probation. The state Supreme Court accepted that recommendation and suspended Woodward for 75 days, beginning May 14, 2022. Also, the court said, Woodward was “directed to comply with all other terms and conditions of the (referee’s) report.”
One of those conditions ordered Woodward to reach out to Florida Lawyers Assistance (FLA), which evaluates, monitors and assists lawyers dealing with mental health or substance abuse issues. Abuse of neither alcohol nor drugs appears on Stephenson’s referee’s report. Regarding Woodward’s depression, Stephenson wrote “he appears to have his mental health concerns addressed at this time.”
Still, Stephenson ordered Woodward to schedule an evaluation with FLA and, “follow whatever FLA recommends, including entering a rehabilitation contract.”
Woodward never signed the rehabilitation contract. The state Supreme Court said that counted as contempt of court and handed down the current suspension.
Woodward and FLA
A notarized memo from FLA case manager Carol Parks said Woodward took a PEth test, a blood alcohol test, on Aug. 18, 2022 and it returned 137 ng/ml. PEth test results charts put that number in the “social drinking” range.
Though FLA recommended a three-year contract that included outpatient substance abuse treatment.
“Mr. Woodward refused to sign rehabilitation contract asserting he would not give up his evening cocktails with his wife, nor did he have an alcohol problem,” Parks memo said.
Both Woodward’s Oct. 30, 2023 filing and a Dec. 7, 2022, letter argued that making him sign an agreement that required outpatient rehabilitation didn’t make sense. Substance abuse bore none of the blame, he argued, for what he did or didn’t do for his clients in the 2019 case.
Also, Woodward argued, the FLA contract’s terms weren’t “subject to discussion or negotiation” and robbed him of freedom and “unduly extended” his probation.
“The contract FLA demanded I execute included covenants to participate in drug and alcohol rehabilitative activities the basis for which could only be founded on medical test results, if such were the case, because in the hearing in this matter only one expert appeared and was qualified,” Woodward said in a Dec. 7 letter. “Henry Dohn, M. D., my psychiatrist, appeared and testified but during that testimony said nothing about drug or alcohol abuse, but about a diagnosis of depression.
“An examination of the record in this case reveals that there is no reference to drug or alcohol abuse by any witness.”
