Attorneys Who Become Disabled

Bottom line, when disabled, the "Law' may take away your ability to continue to practice and earn income!

Some states have specific laws regarding attorneys becoming disabled.

The example below is only one reason why an attorney should not be without disability insurance.

Besides, an attorney's occupation class is the highest classification one could have on their disability insurance policy. It means an attorney can secure the lowest rate available from the insurance company, and you are able to have the top tier definition of total disability.

The Rules on Lawyers Professional Responsibility which provides for the transfer to a disability inactive status of an attorney whose physical condition, mental illness, mental deficiency, senility, or habitual and excessive use of intoxicating liquors, narcotics, or other drugs prevents the attorney from competently representing clients.

This transfer may take place as a result of a judicial proceeding, finding the attorney to be mentally ill, mentally deficient, incapacitated, or inebriate; or the transfer may take place as the result of an attorney asserting disability in defense or mitigation in a disciplinary proceeding. In that instance, a referee may order an examination or evaluation of the attorney as the referee so designates. If the disability is alleged to be taking place during the investigation or the proceeding, it is the obligation of this office to inform the Court of the allegation and our position regarding the allegation. The Court then has a number of options in handling the situation.

• notify each client represented in a pending matter, other than litigation or administrative proceedings, of the attorney’s disability
   

• a separate notice of the attorney’s disability must be sent to each client, opposing counsel, and the tribunal involved in pending litigation or administrative proceedings
   

• must deliver to each client represented in a pending matter, litigation, or administrative proceeding any papers or other property to which the client is entitled;
   

The court may reinstate an attorney to active status upon a showing that the attorney is fit to resume the practice of law. A petition for reinstatement is deemed a waiver of the doctor-patient privilege and must set forth detailed information regarding treatment and care in the interim.