NCJ Number
117548
Journal
Bar Leader Volume: 14 Issue: 3 Dated: (November-December 1988) Pages: 6-7
Date Published
1988
Length
2 pages
Annotation
This article examines whether a lawyer's cocaine addiction should be considered a mitigating circumstance during disciplinary proceedings.
Abstract
The D.C. Court of Appeals' Board on Professional Responsibility is considering the case of a lawyer registered to practice in D.C. who was charged with disciplinary violations including misappropriation of client funds and inadequate recordkeeping. His counsel argued that his cocaine addiction contributed to his actions, and his defense cited medical evidence that cocaine is at least as addictive as alcohol. The Appeals Court issued a report supporting the idea that cocaine and alcohol addictions are similar but rejected the notion that cocaine addiction should be a mitigating factor. The full Board on Professional Responsibility will review the report and make a final recommendation to the D.C. Court of Appeals. The impact of addiction on malfeasance is discussed, with one lawyer noting that addiction should not be used as a mitigating factor in every case since it could give the appearance of excusing lawyers for illegal conduct.