Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Tuesday, March 13, 2012

Lawyer Sick Leave Abuse

One of the most common forms of employee discipline involves time and attendance issue; more specifically sick leave abuse. This occorrus, for example, when the employee takes a sick day when he or she is not actually sick.

Well, what if a lawyer "plays' sick to get our of a trial date?? He or she can be in trouble-big trouble as this Jan. 12, 2012 article from Findlaw documents. A judge has threatened to impose a $1,000 fine and contempt of court on a lawyer  for doing just that. The lawyer denies that he abused sick leave or committed any form of misconduct.

Mitchell H. Rubinstein

Arbitration Law, Lawyers | Permalink


This is why most law-firms don't even bother with 'sick days' or 'vacation days.' Rather you have PTO. There have been many stories of discovering sick day abuse, especially facebook posts incriminating themselves.

Nevertheless, in this case, the Judge is completely out of line, despite the lawyer's fabrications. The attorney had another attorney cover the appearance. Where was the harm?

Posted by: Sujan Vasavada | Mar 14, 2012 1:33:04 PM

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