Attorney Misconduct And Discipline

Summary

Bar disciplinary authorities can discipline Parnik for stalking his ex-girlfriend if they determine his actions reflect adversely on his fitness to practice law, despite his acquittal. Carrie may face discipline for not reporting Paiges misconduct, as state bar rules typically mandate reporting behavior that questions a lawyers honesty, trustworthiness, or fitness to practice law.

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Attorneys Carrie and Paige are partners in a small law firm. Paige supervises the work of the firm’s two associates. Over the last few years, Carrie has noticed that Paige has been intoxicated during the workday. In the last few months, Carrie has been smelling alcohol on Paige’s breath during the workday at least two or three days a week. Paige continues to meet with clients and work on cases, but Carrie believes Paige’s work is suffering as a result of her drinking. In the past two weeks, she has received calls from three of Paige’s clients complaining that Paige either failed to show up for a meeting or failed to return a call. Last Tuesday, she found Paige passed out on the couch in her office at * am. There was vomit all over a client file that was on the floor near her head. Today she learned that a case that Paige was handling, to recover damages for a woman who was badly injured in an accident, was postponed for six months after Paige failed to appear for a court hearing. Carrie has tried to talk with Paige about her drinking problem, but Paige refuses to discuss it. Carrie is considering reporting Paige’s behavior to the disciplinary authorities. She has not discussed this with other attorneys in the firm or with any clients. Would Carrie be subject to discipline if she fails to report Paige’s conduct to the disciplinary authorities?  
Carrie may be subject to discipline for not reporting Paige's conduct, as most state bar rules require lawyers to report professional misconduct that raises substantial questions about another lawyer's honesty, trustworthiness, or fitness to practice law.
Which state are you in? This will help provide more specific guidance on the applicable rules.