Lawyers with addiction, are they accountable?

When it comes to talking about addiction, we tend to think of those who it affects as average people who have spiraled out of control. But a less commonly discussed segment of the population is lawyers, who are exposed to high-stress environments and have access to drugs like alcohol at a rate above average. Many in the field experience addiction firsthand or witness it from a colleague.

The rules governing the legal profession are clear about accountability for any criminal activity, including addiction. All lawyers are subject to regulation by their local law society and could even face disciplinary action for breaches in the rules of practice which can include addiction-related issues. Lawyers who don’t handle addiction responsibly can face an array of consequences like fines, suspensions, or even disbarment.

Beyond accountability imposed by the law society, all lawyers are expected to adhere to ethical standards set by the industry. The Law Society of Upper Canada’s Rules of Professional Conduct state that any lawyer should ‘maintain the professional standards of conduct and integrity that are essential to the administration of justice.’ This means that any lawyer with an addiction is expected to do what it takes to control it so as not to harm themselves or their clients, even though they still must be held to the same standards as anyone else.

When a lawyer is called out for addiction-related issues, they’re often one of two things: a treasure trove of knowledge about the law, or a liability to the profession. If a lawyer has a negligent practice due to their addiction, the reputation of their firm could go down and clients will be less apt to trust them. If lawyers don’t take serious efforts to manage their addiction, the consequences for their clients, profession, and society as a whole can be vast.

There are also the personal implications of addiction in the legal profession. Lawyers who are struggling with addiction are in danger of their own health and safety, as well as those around them. Mental health issues are also common, such as depression and burn-out, affecting the whole person instead of solely the practice.

Though a lawyer’s addiction is subject to the same rule of law and ethical responsibilities as anyone else, many steps can be taken to mitigate the damage when it comes to addiction, including individual treatments like Alcoholics Anonymous and Narcotics Anonymous as well as hospital detox interventions.

The legal community also offers resources to help lawyers who are struggling with addictions. Diversion programs, such as the Lawyers Assistance Program, are available in many areas and can help get lawyers professional help for mental health issues or substance use disorders. Additionally, many jurisdictions offer specific programs designed to assist lawyers with addiction issues, such as judicial assessment panels that can review the credentials of a lawyer with an addiction and recommend appropriate interventions.

Ultimately, addiction and lawyers must always remain accountable for their actions. While the legal industry has made branches of support available to help struggling lawyers, ultimate responsibility for dealing with addiction lies with the individual. With the right help and support, however, lawyers can deal with their addiction and be safe and productive members of the legal community.