She also founded and coordinates the Attorney Defense Initiative, a privately sponsored pro bono program that focuses on
assisting impaired lawyers facing disciplinary charges.
Ms. Rich founded and coordinates the Attorney Defense Initiative, the first privately - sponsored pro bono program in the nation that focuses on assisting
impaired lawyers facing disciplinary charges.
Rule 1.16 Declining or Terminating Representation (a) Except as stated in paragraph (c), a lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if: (1) the representation will result in violation of law or the Rules of Professional Conduct; (2) the lawyer's physical or mental condition
materially impairs the lawyer's ability to represent the client; or (3) the lawyer is discharged.
Offering such proof may reflect adversely on the lawyer's ability to discriminate in the quality of evidence and
thus impair the lawyer's effectiveness as an advocate.
Linda Albert, who co-authored the new study and is a representative of the ABA's Commission on Lawyers Assistance Programs, suggests that law schools mandate classes on drug and alcohol issues, with a particular emphasis on the relationship
between impaired lawyers and ethical violations.
Most significantly, non-English-speaking Hispanic plaintiffs may be represented by non-English-speaking lawyers trained in another country or whose own English - speaking skills are not as strong, which can
impair the lawyer's ability to communicate effectively with the jury.
«I've had to deal this year with intoxicated and drug -
impaired lawyers,» Smith said.
(iv) The Court must consider any personal relationship between counsel and client and determine if the personal involvement will
impair the lawyer's judgment;
Jorgensen notes that: «This type of «enabling» behavior is sometimes motivated by misguided concern for
the impaired lawyer.»
The obligation to report a violation of the Model Rules by
an impaired lawyer is not eliminated by departure of the impaired lawyer.
Instead, «The threshold issue is determining whether
the impaired lawyer's ability to represent clients is «materially impaired».»