Professional malpractice involves negligence or a failure to meet basic industry standards. Any highly-educated and licensed professional could commit legal malpractice. If they don’t provide advice or services that align with current standards, frustrated clients In the legal world, professional practice could involve violating a duty to clients or lacking the necessary knowledge to provide proper guidance on major matters.
Legal malpractice sometimes occurs because a lawyer takes a case in an area of law that they have limited knowledge or because they do not disclose a conflict of interest that may affect the advice or representation they provide to a client. Sometimes, legal malpractice involves financial misconduct, such as improper handling of a retainer or suspect billing practices.
Other times, an attorney’s personal issues could be the underlying cause of legal malpractice. Some lawyers struggle to manage the stress of their careers and personal lives. They may turn to alcohol, street drugs or the abuse of prescription medication to help them cope. Those decisions could negatively affect their professional performance.
Substance abuse is common among lawyers
When responding to professional surveys, an alarming minority of attorneys affirmed regular misuse of alcohol or other mind-altering substances. Roughly 36% of lawyers admit to questionable habits related to drinking, which is much higher than alcohol abuse rates among doctors or most other highly-educated workers.
Particularly when attorneys use substances while working with clients, before going to court or during critical research, their impairment could negatively affect the standard of representation or the quality of advice that they provide.
Even showing up to court or critical negotiations with a hangover could do a client a real disservice. Clients negatively affected by the substance abuse of an attorney may feel frustrated with the outcome of their legal matter and may want to hold the lawyer accountable. A legal malpractice lawsuit can potentially provide justice for those harmed by inappropriate conduct on the part of a lawyer.
Successful legal malpractice lawsuits can provide financial compensation for clients and can create consequences for lawyers who don’t diligently uphold their obligations to their clients. Reviewing a lawyer’s conduct and the basis for substance abuse allegations with a legal team skilled in malpractice concerns can help frustrated legal clients determine if they may have experienced actionable legal malpractice.