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He should try to prove that the medical condition was responsible for the poor judgment IF THERE WAS ANY TO BEGIN WITH. He will need medical proof/testimony on this issue. Potential problem for him......if he knew of the condition before and did not have it treated, he defense will be weakened. Also "poor judgment" is not the standard. It is "did he fail to perform his services in a way that was not reasonably comparable to the level of expertise of other similarly situated attorneys in his geographic area"
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