Given the demands and stresses of practicing law, substance abuse and depression are unfortunately an all-too-common occurrence among attorneys. When an attorney is impaired by disease or personal matters, it can be very uncomfortable for other attorneys at a law practice to decide how to handle the situation, especially when there is serious misconduct such as theft or other dishonest actions. In addition, sometimes management at a law firm is the last to know when there has been a serious ethical breach by an attorney (irrespective of impairment)—but other attorneys or staff were aware of the issue much earlier.
These situations are difficult to address as they may involve long-time colleagues and friends. However, the actions of one attorney can create both professional and ethical risks for an entire law practice. Under certain circumstances, other attorneys at the law firm may have an obligation to report misconduct or may be subject to claims for negligent supervision or collusion if appropriate actions are not taken.
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