Can Depressed Lawyers Avoid Punishment Using ADA?

April 4, 2014

For lawyers found to have failed in their duties as counsel, can claiming depression as a disability under ADA prevent them from being disciplined by ethics regulators? An examination of the hypothetical by Lawyerist suggests not. For one thing, ethics regulators are not employers of the lawyer, so they are not beholden to ADA protections. Among the few precedents on this question is a California case where the court ruled against a lawyer in part on the grounds that allowing him to practice would threaten harm to his clients.

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