A tool for wellbeing? Tribunal penalty decisions in cases involving lawyers’ alcohol and other drug use

Abstract

Little is known about how alcohol and drug use feature and are considered in lawyers’ disciplinary decisions. This article explores the features of lawyers’ disciplinary cases where alcohol and drugs were present and the application of rehabilitative principles in penalty decisions using a five-year cohort from the New Zealand Lawyers and Conveyancers Disciplinary Tribunal (2017–2021). Case features, penalties ordered, and details of application of rehabilitative principles were extracted. The data were analysed thematically. Eight of 94 decisions referenced lawyers’ use of alcohol and/or drugs. Rehabilitative themes were: (1) rehabilitation as an important principle; (2) insight and rehabilitative steps prior to hearing relevant to penalty; (3) reliance on voluntary undertakings; and (4) time away from practice used as a rehabilitative tool. We argue for a consistent rehabilitative approach that promotes the wellbeing and fitness to practice of disciplined lawyers, enhancing profession sustainability and public safety.