In addition to a censure, the lawyer has been banned from practising on her own account
The Lawyers and Conveyancers Disciplinary Tribunal has penalized a lawyer who logged a misconduct charge when she appeared in court drunk.
The unnamed lawyer, who was given the moniker Ms K, had had a history of disciplinary issues. In this instance, she had arrived late to a court proceeding, and the judge overseeing the matter noted that she was “somewhat dishevelled and unsteady on her feet”.
Ms K confessed to another lawyer that she was intoxicated and coordinated with the firm she was to begin working with on developing a medical and therapeutic support plan. She accepted the misconduct charge filed against her, admitting that that she had “wilfully and recklessly” violated client obligations.
The tribunal determined that Ms K’s behaviour risked the sound representation of clients, was disrespectful to the court, and negatively impacted the profession’s reputation with the public. Nonetheless, it accepted that the conduct resulted from an illness that required treatment; thus, it decided on a rehabilitative approach. Ms K undertook that she would go through alcohol counselling for a 12-month period and be subject to random breath testing.
Even though Ms K’s conduct was serious and “totally unacceptable”, the tribunal recognised her acknowledgment of her drunkenness in that situation and her openness to addressing her alcoholism as mitigating factors. It also took into account that her employer was supportive and would monitor any sobriety concerns.
The tribunal accepted that Ms K did not consider her previous disciplinary concerns to be related to alcoholism. Moreover, she was taking steps to settle unpaid costs.
Thus, the tribunal censured Ms K and banned her from practising on her own account without the tribunal’s authorisation. In addition, she was required to undergo wellbeing-focused supervision/mentoring by her employer for 12 months; this would cover alcohol consumption.
The tribunal also ordered Ms K to shoulder costs.
In 2015, the Virginia State Bar suspended an attorney for supposedly attending a seminar drunk and disrupting the event by falling asleep, snoring loudly, and shouting at a video screen. In addition to the six-month suspension, the attorney was ordered to attend a two-year treatment and monitoring program.
