NCJ Number
116327
Journal
Dickinson Law Review Volume: 92 Issue: 3 Dated: (Spring 1988) Pages: 615-629
Date Published
1988
Length
15 pages
Annotation
In the 1980's, cocaine became many attorneys' replacement for alcohol as a drug of abuse.
Abstract
Cocaine addiction manifests itself by loss of control and a compulsion to continue use regardless of consequences. Faced with a $500-a-week habit, some attorneys have begun to sell cocaine, some have invaded trust accounts or written bad checks. In other situations, addicted attorneys have been unable to function as counsel or have failed to carry out stipulations of an employment contract. Because the mere possession of cocaine is a felony, conviction mandates disciplinary action for violations of the rules of professional responsibility and sanctions that may include interim suspension and disbarment. In recent years, some courts have considered addiction and rehabilitation as mitigating factors in disciplinary actions involving drug-impaired attorneys. In considering cases involving disciplinary infractions, courts should consider, on a case-by-case basis, the addictive nature of the disease, the amount of restitution where appropriate, and the attorney's effort at treatment and rehabilitation. Consideration of these factors would probably result in a decree of interim suspension, probation, or disbarment without prejudice to reapplication rather than an arbitrary disbarment. By taking such a course, courts could fulfill their obligations to the profession and the public, while humanely balancing the rights and duties of cocaine-impaired attorneys. 87 footnotes.