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  1. #1
    Join Date
    Apr 2016
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    1

    Default Lawyer Consumed Alcohol During Proceeding

    My question involves malpractice in Canada.

    I recently had a matter present itself and hired a top notch lawyer from a highly touted firm. During my 2-day discoveries before a tribunal's investigator my lawyer had 2 glasses of wine with lunch. We then went back to the afternoon sessions where he appeared tired and sluggish. In letters written back and forth I used the word "intoxicated" and now they are threatening a defamation lawsuit if I lodge a complaint with the Law Society.

    I feel if I had 2 glasses of wine I would be intoxicated - bearing in mind sex, weight, time and food consumption. Additionally, do lawyers have a zero tolerance when representing clients at a hearing or in front of a tribunals investigators? To top it all off, I have the receipt as I paid for lunch on one of the days in question. He drank wine on both days of my interview.

    What should I do? I cannot afford a lawyer at this time.

    Thanks

  2. #2
    Join Date
    Nov 2013
    Location
    in alto mare
    Posts
    1,123

    Default Re: Lawyer Consumed Alcohol During Proceeding

    This is a forum for US law only.

    That said, if you don't like your lawyer's behavior, you are free to dismiss this one and hire another. Making the assumption (and that's all it is, an assumption) that the lawyer was intoxicated is a real stretch, don't you think? You aren't qualified to make that determination.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Lawyer Consumed Alcohol During Proceeding

    If you make a complaint, I suggest you stick to the facts and avoid making conclusory remarks like he was “intoxicated” because you likely do not have the expertise needed to render that sort of conclusion. In the U.S. there is no prohibition against a lawyer drinking before appearing in court. But the lawyer better be able to competently represent his/her client in that court proceeding. The issue in the U.S. is whether, despite drinking two glasses of win and seeming tired, your lawyer provided competent representation. And for a lot of lawyers, two glasses of regular wine likely would not so significantly impair the lawyer’s ability to represent the client. Of course, I don't know your lawyer did.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Lawyer Consumed Alcohol During Proceeding

    Looking at this article about Ontario, apparently Canada has been a bit sluggish in defining the extent to which immunity applies to law society complaints. You will need to research the policies of the province in which you are situated, and the policies of the relevant law society.

  5. #5
    Join Date
    Jun 2016
    Location
    New York
    Posts
    1

    Default Re: Lawyer Consumed Alcohol During Proceeding

    If you think your attorney was intoxicated, you must have filed a complaint against him. People who are working as legal representatives are not allowed to be in intoxicated state especially when they are in office.

    However, you cannot file a case later when there is no proof of him being intoxicated. You need to wait for the time being.

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