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Addicted Attorneys and Potential Disciplinary Actions

The temptation of drugs and alcohol reaches all walks of lives and the legal profession is far from immune. In fact, lawyers tend to abuse alcohol and drugs at a much higher rate than the rest of the nation. Statistics show that roughly 20% of lawyers are problematic drinkers, which is a sharp increase from the 6.8% of adult Americans suffering from alcohol use disorders.

While being a substance abuser may not be grounds for disciplinary actions alone, the manner in which the addicted substance affects the lawyer’s ability to properly do his job may leave the lawyer open to suspensions and even disbarment. The work schedule of a lawyer is already pretty hectic. Adding on the downward spiral that comes with life as a substance abuser could spell doom for any attorney.

Standards for Imposing Disciplinary Sanctions

Before imposing sanctions due to an attorney’s legal malpractice, a court is required to answer the following questions:

  • What ethical duty did the lawyer violate?
  • Did the lawyer act intentionally, knowingly, or negligently?
  • What was the extent of the actual or potential injury caused by the lawyer’s misconduct?
  • Are there any aggravating or mitigating circumstances?

Misconducts that violate an attorney’s ethical duty include the duty to a client, the public, the legal system, and the profession. Depending on the duty violated and the mental state of the attorney during the violation, a sliding scale of sanctions can be levied against the offending attorney. However, the severity of sanctions may be reduced if there are certain aggravating or mitigating circumstances.

Types of Sanctions

The following are possible disciplinary sanctions that may be imposed on an attorney upon finding acts of professional misconduct:

  • Disbarment: terminates the individual’s status as an attorney.
  • Suspension: removes a lawyer from the practice of law for a specified minimum period of time.
  • Interim Suspension: the temporary suspension of a lawyer from the practice of law pending imposition of final discipline. Interim suspension includes:
    • suspension upon conviction of a “serious crime”
    •  
    • suspension when the lawyer’s continuing conduct is or is likely to cause immediate serious injury to a client or the public.
  • Reprimand: (public censure) - a form of public discipline which declares the conduct of the lawyer as improper, but does not limit the lawyer’s right to practice.
  • Admonition: (private reprimand) - a form of non-public discipline which declares the conduct of the lawyer as improper, but does not limit the attorney’s right to practice.
  • Probation: a sanction that allows a lawyer to practice law under specified conditions.
  • Other Possible Sanctions and Remedies
    • Restitution;
    • Assessment of costs;
    • Limitation upon practice;
    • Appointment of a receiver;
    • Take the bar examination over again;
    • Responsibility examination;
    • Attend continuing education courses.

Mitigating Sentences through Recovery

Mitigating circumstances are considerations or factors that may justify a reduction in the degree of discipline imposed. One mitigating factor that a judge may consider is the chemical dependency suffered by an attorney at the time of the ethical violation. In order for a judge to consider reduction of a disciplinary action due to substance abuse, the attorney must show:

  1. Medical evidence that the respondent is affected by a chemical dependency;
  2. Chemical dependency caused the misconduct;
  3. Recovery from the chemical dependency is demonstrated by a meaningful and sustained period of successful rehabilitation; and
  4. Recovery arrested the misconduct and recurrence of that misconduct is unlikely.

Procedures for Reinstatement

Procedures are usually established by a state bar to allow a suspended lawyer (and in some states even disbarred lawyers) to apply for reinstatement. In most states, suspended attorneys may not return to practice until the completion of a reinstatement process demonstrating rehabilitation, compliance with all applicable discipline or disability orders, and fitness to practice law. Generally, suspension should be equal to or greater than six months, but no more than three years.

In jurisdictions where disbarment is not permanent, typical conditions to reinstatement are that:

  1. no application should be considered for five years after disbarment; and
  2. the petitioner must show by clear and convincing evidence:
    1. successful completion of the bar examination;
    2. compliance with all applicable discipline or disability orders or rules; and
    3. rehabilitation and fitness to practice law.

Although it is easier said than done, seeking help for a substance addiction can be the most important step to protecting the future of your legal career. If you have been accused of legal malpractice and need help with a disbarment hearing, an ethics and professional responsibility lawyer may be able to help you salvage your career.

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