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27 October 2016 / Jonathan Goodliffe
Issue: 7720 / Categories: Opinion , Profession
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The co-morbid lawyer

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Alcoholism & depression can be a lethal combination within the profession, Jonathan Goodliffe reports

Lawyers often suffer from co-morbid alcoholism and depression. What help do they get in the profession?

A disciplinary case

X is a solicitor who has had serious problems. He was convicted of a sexual assault and fined by the Solicitors Disciplinary Tribunal. Several years later he was convicted of further assaults on two girls. He believed, wrongly, that they had harmed his daughter. On both occasions he was drunk. The second time he was fined £5,000 by the tribunal, but was not restricted from practising.

X’s psychiatrist report stated: “[I]n all the circumstances X’s action [ie the assault] had been ‘a totally understandable reaction’. X had sought psychiatric help for reactive depression.”

So why should he not behave in this way a third time? Did his impairment affect his professional competence and integrity? What was the prognosis? What ongoing treatment was he receiving? What about his drinking?

Problems with alcohol and depression regularly feature in the tribunal’s judgments. But the tribunal’s procedure

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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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