If your attorney lost your case, you could be facing a huge bill and perhaps some other unpleasant consequences. You might feel they should have won it and be trying to understand why they didn’t.
If you discover that they smoke marijuana, you may believe this could help explain the loss. Can you use this fact to bring a legal malpractice claim against them?
Not necessarily
Attorneys, just like any other adult who lives in New York are allowed to smoke, possess or grow marijuana provided they do it in accordance with the laws that govern it. No law prevents them from doing so just because they practice law. The state bar made this clear back in 2021.
So, no, you cannot claim legal malpractice just because you discover your attorney consumes marijuana. However, you may be able to do it on other grounds related to the drug.
Professionals need to ensure their consumption does not directly affect their work. Marijuana, just like alcohol, has certain effects on people. Some people become more easily confused after smoking it. Others may descend into fits of uncontrollable laughter while others may pass out or momentarily forget where they are. None of which are a good look in court.
If your attorney forgot important facts or failed to present a coherent argument when representing you in court, because they were high, then you may well be able to claim malpractice. They have a duty to behave professionally when representing you.
It might not be easy to link their legal drug use to your poor outcome in court, so be sure to seek legal help from someone with experience in these things to assess your chances of a successful claim.