Ethical Obligations When a Lawyer Is 'Losing It'

Possible mental infirmity is a difficult problem that one needs to address gingerly. Hand wringing ethics opinions don't necessarily tell us exactly the factors we need to consider and the manner in which we should go about it.

October 07, 2022 at 11:00 AM

8 minute read

Legal Ethics and Attorney Discipline

Joel Cohen

mental health Yes, the above title's phraseology is indelicate. Perhaps even harsh. "Goes downhill" wouldn't have been better, I guess.

Of course, the title could have more gently termed the phenomenon at issue: when "the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client" (as Rule 1.16(b)(2) of the New York Rules of Professional Conduct phrases it).

But who really talks like that? Who considers themselves or sees a colleague or fellow lawyer as "materially impaired" sufficient to necessitate the withdrawal from the representation of a client? Or even to stop representing clients altogether.