The lawyer arrived late and 'somewhat dishevelled and unsteady on her feet' to a court list before admitting to a colleague that she was drunk
A New Zealand lawyer who appeared in court while impaired by alcohol has been censured by the Lawyers and Conveyancers Disciplinary Tribunal, which also permanently suppressed her name.
The practitioner, identified only as Ms K, admitted one charge of misconduct over the incident. In a decision this month, the tribunal endorsed disciplinary orders that Ms K and National Standards Committee 2 had agreed on before the hearing.
"It is trite to point out that this conduct in any legal practitioner is totally unacceptable," the tribunal said.
"It puts sound representation of clients at risk; it is disrespectful towards the court; and it undoubtedly diminishes the reputation of the profession in the eyes of the public."
However, the tribunal also acknowledged that "the conduct arises from an illness which must be managed by the practitioner."
Confirmed intoxication
According to the decision, Ms K appeared in a list of short judicial conferences, where the judge noted she was late and unsteady. The judge asked another lawyer to speak with her, and Ms K confirmed she was intoxicated.
With that colleague's support, she immediately approached the firm she was about to join, and together they developed a plan of medical and therapeutic intervention.
She has since attended Alcoholics Anonymous, completed a managed detox programme and engaged a therapist. The tribunal noted she had relapsed not long before the hearing.
Disciplinary history
The tribunal described Ms K's disciplinary history as "of serious concern." Ms K accepted it was, in her own words, "awful," but did not believe it was connected to alcohol.
The tribunal observed that "procrastination and unwillingness to face up to problems appear to have been her pattern."
In mitigation, the tribunal credited her "honest admission" and her willingness to act immediately. It noted she had previously practised alone and "was clearly feeling isolated and lonely," but was now with a firm that is "extremely supportive of her."
Under the orders, Ms K must not practise on her own account without the tribunal's authorisation.
She must also undergo 12 months of mentoring and supervision by her employer, focused on her wellbeing and alcohol consumption, with reporting conditions. She has undertaken to attend alcohol counselling for 12 months.
She was ordered to pay the Standards Committee's costs of NZ$4,900 and reimburse the New Zealand Law Society for NZ$5,852 in tribunal costs.
Ms K applied for name suppression at the last minute, supported by evidence from her therapist that publication would undermine her recovery.
The tribunal said openness was the starting point, but found that safeguards, including random breath testing at her own cost, therapeutic support and workplace oversight, "tip the balance against the public interest in knowing the identity of Ms K."
