Mental Impairment, Discipline and Legal Malpractice

Mental impairment, whether due to substance abuse, mental illness, or advancing age, contributes to a significant number of legal malpractice claims and disciplinary actions. It is estimated that 15-18% of lawyers have a chemical addiction, and 50-70% of disciplinary actions involve substance abuse. Studies by the Oregon Bar have indicated that incidence of discipline and malpractice are reduced by rehabilitation, reduced so well that rates of problems for rehabilitated lawyers are lower than for the general population of lawyers.

Knowing good policies and resources to deal with impairments is part of a good law firm risk management program. The Texas Lawyers Assistance Program (TLAP) is a great resource for lawyers who either are dealing with an impaired lawyer, or a lawyer who believes they may themselves be impaired. A good video describing TLAP, with discussion from lawyers who have been through impairment, entitled Courage, Hope and Help, is now available. We have an article on law firm policies and obligations with regard to mental impairment.

By Jett Hanna