People who hire attorneys expect to receive professional guidance and appropriate advocacy. They may need someone to help them start a new business, defend against a personal injury lawsuit or fight a criminal charge.
Clients trust them to act in their best interests and to be competent professionals. Unfortunately, some attorneys have personal challenges that may impact the representation that they provide. Some surveys indicate that approximately one in five lawyers struggles with inappropriate use of alcohol.
That number may be lower than the true figure, as people often underreport their challenges even in anonymous surveys. If clients believe that substance abuse by a lawyer played a role in an unfavorable legal outcome, they may have grounds for a legal malpractice lawsuit. How might an attorney’s alcohol or drug abuse lead to legal malpractice?
1. Missed meetings, hearings and deadlines
Alcohol compromises the memory and decision-making ability of the impaired individual. They might forget to enter information into their calendar for the month. They might also wake up so hungover that they turn off an alarm and sleep through a critical meeting.
They might also fail to meet deadlines. An attorney who fails to take the necessary action within the statute of limitations due to forgetfulness or regular intoxication could prevent their client from pursuing justice.
2. Unprofessional conduct
Attorneys who are under the influence or struggling with a hangover may not comport themselves appropriately in court. They might become overly emotional or might fail to respond as they should to mistakes on the part of the other attorney or a judge.
When an attorney is not in total control of their faculties, they may not behave in an appropriate manner during hearings or critical negotiation sessions. Ultimately, their lack of professionalism can lead to a poor outcome for their clients.
3. Egregious oversights and errors
Missing the statute of limitations for a personal injury lawsuit is only one example of how a lawyer might fail to provide an appropriate level of representation for their clients due to habitual impairment. They might rush through the due diligence process for a client hoping to start a new business.
They could fail to properly review legal precedent and unique local regulations that might apply to a business dispute or real estate conflict. If another attorney could have accessed appropriate information and used it to secure a better outcome for the clients, the situation could theoretically constitute malpractice.
When attorneys let their substance abuse challenges impact the caliber of representation that they provide, their clients may have grounds to take legal action. Filing a legal malpractice lawsuit can compensate clients for the impact of a poor legal outcome and create consequences for attorneys who fail the clients who rely on them.