i just found out my lawyer has been arrested twice for dui and has been thrown out of court for being intoxicated

shouldn’t i have been told about this by her? and what recourse do i have?

Asked on March 19, 2017 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You don't have any recourse yet, based on what you write: DUIs have nothing to do with a divorce or matrimonial case (the area of law you are writing about) and in no ways show that your attorney is unfit to represent you. Similarly, if she was previously intoxicated in court, so long as she is not intoxicated while representing you, her prior episode is not relevant: all that matters is whether she renders good representation to you. If she shows up drunk to a meeting with you, to a hearing on the case, etc., that would be grounds to take action (e.g. change lawyers; possibly bring a malpractice suit); but if she renders you good representation, she is doing her ethical and professional duty.


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