If your legal case did not turn out as expected despite assurances that the facts and evidence were solidly in your favor, you might suspect that your attorney’s handling of the case was less than competent. Perhaps you observed your attorney acting strangely at times, being forgetful, distracted during hearings or trial, failing to appear at hearings often being very late, or making excuses for not communicating with you.
You might also have noticed how the judge in your case was exasperated with your attorney or how often your attorney was admonished by the court for certain lapses or conduct. These may be signs that your attorney has a substance abuse problem, and if you suffered a financial loss as a result, you may have a claim for legal malpractice.
The Legal Profession is High-Stress
Attorneys are in a profession where tension, pressure, and anxiety are not uncommon. Law school is expensive, and classes involve a great deal of reading, analyzing, and being called upon in class to discuss textbook cases and hypotheticals. Upon graduation, Massachusetts attorneys have to study for a grueling examination, some with low pass rates, to be able to practice. Once attorneys pass the exam and are sworn in, they are hired by firms that often relegate them to countless hours doing legal research, drafting memos, briefs, and motions, and being subject to intense scrutiny by the firm’s partners.
After some time, they may have their own clients or practice, compete with established attorneys for clients, and then must advise them on intricate points of law and vigorously advocate for them in matters where the client’s freedom or substantial sums of money are at stake. The stress involved can lead attorneys to find certain outlets such as drugs and alcohol.
Statistics vary, but they all indicate that the legal profession has a high percentage of alcoholics. Some indicate that as many as 21% of attorneys have a drinking or substance abuse problem as compared to less than 7% of the general population. You might suspect that your attorney has an alcohol or drug problem if you notice that your attorney:
- Often appeared distracted or aloof
- Was ill-prepared for court hearings
- Failed to communicate with you
- Continually offered excuses
- Billed you for work not performed
- Did not recall the facts of your case
- Missed deadlines
- Did not consult with you on the case status or settlement negotiations
- Often appeared intoxicated or under the influence
You might also have discovered that your attorney recently checked into an alcohol or drug rehabilitation facility after your case was dismissed without warning or notice to you or following an unexpected and adverse outcome. Of course, this does not automatically mean that your attorney acted unethically or incompetently in your case, but you should consult with a legal malpractice attorney.
Elements of Legal Malpractice
Even if your attorney has a drinking or drug problem, it does not always constitute legal malpractice. To have a sustainable cause of action for malpractice, you or your legal malpractice attorney must prove the following elements:
- You had an attorney-client relationship
- The attorney had a duty to provide you with competent legal services
- The attorney breached her duty by misconduct, making serious errors in your case, or failing to adhere to a standard of performance expected of a reasonably competent attorney
- You suffered a financial loss as a result of the breach
While appearing in court in an inebriated state can lead to discipline by the court or state bar, you must have suffered financial harm as a result of your attorney’s negligence or misconduct. For instance, if your attorney missed a deadline that led to a dismissal of your case or to the introduction or suppression of material evidence that directly affected the case’s outcome, then you may have a malpractice claim. However, the underlying case that was affected must have been one where a favorable outcome was reasonably expected.
Retain a Legal Malpractice Attorney from Burns and Jain
When you retain an attorney, you expect at least that he will perform competently and give you legal advice and counsel on your claim that is accurate and based on the law and facts of your case. But if you suspect that an unfavorable result in your case was due to your attorney’s incompetence or misconduct due to an alcohol or drug abuse problem, then contact a legal malpractice attorney from Burns and Jain.
Call 617-227-7423 for a free initial consultation.