Problem for Class #20Opposing Counsels Drinking

Your firm represents the tenant in a commercial landlord-tenant dispute. Anna is a recent law school graduate and has been an associate with the firm for less than 2 years. This is the first litigation matter Anna has been assigned to handle on her own and she wants to do a good job. The case has been pending for some time and the tenants business is being negatively impacted by the uncertain status of the lease. Annas efforts to move the case to trial have been stymied by the behavior of opposing counsel, Jane. (Jane has been practicing law as a solo practitioner for about 10 years.) Jane constantly seeks continuances and has failed to comply in a timely manner with any of the litigation deadlines for various motions and discovery. Several times during Annas dealings with her, Anna believes that she smelled alcohol on Janes breath early in the day. Anna has also heard gossip that Jane recently was ticketed for DUI. Most recently, Anna and Jane were attending a scheduled hearing in the judges conference room. Normally, the lawyers would sit about 10 feet away from the judge. When Jane entered the room, she told the judge that she would sit at the far end of the table because she thought she might be getting the flu. Her behavior during the hearing was erratic and ineffective. As they left, Anna smelled a very strong smell of alcohol from Jane. It was 10am. Anna is seeking advice from a group of lawyers in her firm.

Anna has identified the following options:

A.Anna should discuss her concerns about Janes drinking and the impact on the case with Jane privately and in person.

B.Anna should tell Jane that she is becoming frustrated about the lack of progress in the case and that she plans to file a motion seeking an order from the court compelling Jane to comply with the deadlines.

C.Same as B above, but also tell Jane that the motion will advise the Court that Anna believes Jane has appeared in Court under the influence of alcohol.

D.Same as B above, but also tell Jane that if Anna smells alcohol on Janes breath again during a court appearance, Anna will raise the issue with the Court and pursue the matter with the Florida Bar.

E.Anna should ask around the legal community to see if others have had similar experiences with Jane.

F.Anna should discuss her concerns about Janes drinking with Janes former boyfriend, who is also a lawyer and a casual acquaintance of Annas.

G.Anna should refer Jane to the Florida Bars Lawyer Assistance Program (for substance abuse assistance).

H.Anna should do nothing, but share her experiences with Jane with other lawyers and, if possible, avoid any cases involving Jane in the future.

I.Anna should do nothing at this time and continue to work hard to bring the case to a speedy conclusion for her client.

Questions for the Lawyers:

1.Which one to three of the options listed above would you recommend Anna do first?

2.Are there options which you would recommend that Anna should not do?

3.What do you think you would actually do if you were in this situation? Would your answer change if you and Jane were fellow associates in the same firm?