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Schwartz & Ponterio, PLLC
917-338-3879
  • Home
  • Attorneys
    • Matthew F. Schwartz
    • John Ponterio
  • Practice Areas
    • Legal Malpractice
    • Copyright Law
    • Referrals For Legal Malpractice
    • Criminal Defense
  • Blog
  • Contact

Schwartz & Ponterio, PLLC holds lawyers responsible for legal malpractice.

A lawyer’s substance abuse could lead to legal malpractice

On Behalf of Schwartz & Ponterio, PLLC | Jul 16, 2024 | Legal Malpractice

There are many ways that a lawyer could fail to act in the best interests of their client. In some cases, lawyers let a conflict of interests influence the representation that they provide. Other times, they take on cases that are outside of their area of expertise and could make major mistakes as a result.

Clients who do not receive a professional standard of representation may have grounds for a legal malpractice lawsuit. They can take action against an attorney who did not conform to professional standards. A lawyer’s errors while representing them during the negotiations, litigation or even criminal proceedings could provide grounds for a lawsuit and a request for financial compensation. In some cases, substance abuse issues with an attorney can be the underlying cause of a legal malpractice issue.

Career stress can lead to unhealthy conduct

Attorneys often work very long hours. They have to commit days or weeks to investigating unique legal circumstances and reviewing precedents. The outcome of a client’s case may hinge entirely on their ability to present a convincing argument in court or manage high-conflict negotiations.

Unfortunately, that stress can negatively affect the mental health of legal professionals. According to an analysis of self-reported information about attorneys, more than a quarter of lawyers struggle with depression. Roughly one in three report issues with inappropriate alcohol consumption.

Substance abuse issues involving alcohol can easily compromise a lawyer’s professional performance. An attorney may drink in the evenings while reviewing the law or precedent and could overlook important details or misunderstand information. Occasionally, lawyers even show up to court while under the influence, leading to them making egregious mistakes and providing inadequate representation to their clients.

Sometimes, the after-effects of a night out drinking could affect how a lawyer comports themselves the following day. An attorney with a hangover is unlikely to provide the best representation possible during negotiations or court hearings.

Clients who can connect an unfortunate legal outcome with substance abuse issues on the part of an attorney may have grounds for a legal malpractice lawsuit. Taking action against a lawyer can potentially compensate clients for the financial impact of legal malpractice. A lawsuit can also be a profound wake-up call to an attorney who needs to adjust their practice to better serve their clients.

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New York, NY 10001-5304

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