Self-Sabotage: An Explanation for Irrational Behavior by Lawyers

Have you ever wondered why a lawyer would steal client funds when everyone knows that lawyers always get caught. Sure, there are those cases where a lawyer thinks he can get away with it by “borrowing” against the trust account and later reimbursing the account out of the lawyer’s own funds. Even that seems like wildly irrational behavior, given the threat of a State Bar audit. But what about those cases where there is never an intention to reimburse the funds? Why would a lawyer do such a thing when they know it will mean disbarment and a prison sentence.

I used to read the disciplinary section of the State Bar Journal and ask this question about the lawyers who had been disbarred for misappropriation. What could possibly cause someone to throw away their career and possibly their freedom? Then one day I was at a CLE where the speaker explained that these situations are often the result of self-sabotage by the offending lawyer. This speaker explained that lawyers can feel trapped in their jobs and see no way out. Maybe they are overwhelmed by the volume of their work and have missed deadlines or made other mistakes on client matters. Or maybe they can’t pay their bills and see no way to dig out. It is possible that they are suffering from impostor syndrome and can’t figure out a way to share that with someone. It could be that they are perfectionists and do not know a way to consciously be honest with others about their imperfections and mistakes. What is common in all these examples is the inability of the lawyer to be honest about their problem or seek help.

So, rather than reaching out for help, they find a way to destroy their practice and career. It doesn’t have to be theft from the trust account. It could be that they commit repeated ethics violations. Sometimes, it involves ignoring deadlines that expose the lawyer to malpractice claims. It can also appear as alcohol and substance abuse with associated bad behaviors by the lawyer. Eventually, the lawyer does enough to jeopardize her license and her relationships with clients, family, friends, and colleagues.

If you know or work with someone who is exhibiting what appears to be irrational and self-destructive behavior, that person might desperately need help but doesn’t know how to ask for it. You might want to check in with this person. If they are struggling, encourage them to reach out for help. The Lawyers Assistance Program is a great place to start. If they are overwhelmed with their work, you might suggest that they call their malpractice carrier for help. If they have partners, recommend that they reach out for help from the partners. When these situations remain unaddressed, they often end in malpractice claims, grievances, disbarment, and in worst case scenarios imprisonment.