But authorities on substance abuse among lawyers say Adderall's relatively benign reputation as an aid to productivity is part of its appeal.

No 'War on Drugs Against Adderall'

The drug is legal when prescribed to persons with attention deficit hyperactivity disorder, but some law students and lawyers obtain it illegally to help them concentrate when they work long hours.

"Because there's less of a stigma, you may slough off the consequences. It's easier to say everyone's doing it than with cocaine. We don't have a war on drugs against Adderall," said Brian Cuban, a Dallas attorney, author and speaker on substance abuse by lawyers.

For law firm managers, "if you need your associates to get something done and they're on deadline, you're probably going to have a much more negative reaction to that associate using blow to meet that deadline than using Adderall," Cuban said.

'Focus and Stamina'

When a New Jersey state trooper found the Adderall in Smith's vehicle during a traffic stop on Interstate 295 in September 2018, the attorney explained that he used the drug "for work purposes," according to the DRB.

Smith told disciplinary authorities that he is not a drug addict, and that, unlike cocaine, ecstasy and crack, Adderall is classified as a controlled dangerous substance not because it is intoxicating, but because of its potential for abuse.

Smith also told disciplinary authorities that nearly a quarter of college students use Adderall, and that it is widely used in law schools, with or without a prescription.

Smith said Adderall increases "focus and stamina," thus "increasing work quality and quantity," according to the DRB complaint.

'Thinks the Rules Don't Apply to Him'

"Honestly, it sounds like somebody who has a sense of entitlement and [thinks] the rules don't apply to him," commented Stacey Dougan, a former Big Law attorney-turned-mental-health counselor with many lawyers as clients in her Atlanta practice. "Because it's a controlled dangerous substance, you have to have a valid prescription, or it's a crime."

Dougan said Adderall "can be a very seductive medication."

"You get this surge of energy, and can be very focused and get a lot done," she said. "But there's a reason why it's a controlled substance. And that's because it is very powerful, and should only be used by someone who has a medical need for it."

Dougan added, "I think we are really in very dangerous territory when we say lawyers should do whatever is necessary to keep up with the work. The real point is the profession needs to change dramatically and we need to see transformation in terms of people's ability to separate from work and the demands that are made."

'Symptom of Overwork'

The incidence of Adderall abuse is a subset of rampant substance abuse among lawyers, Dougan said.

"Whether it's alcohol, whether it's cocaine, whether it's opioids, whether it's stimulants, it's that people are feeling overwhelmed by their lives, and so they are self-medicating in whatever way seems to work for them," Dougan said. "I would say substance abuse generally is a symptom of overwork, the demands that don't seem to stop."

In his ethics case, Smith told disciplinary authorities he graduated from Seton Hall University School of Law in 2012 and worked at McCarter & English from 2012 to 2015. He then moved to Delaware, where he practices with Balick & Balick, a four-lawyer firm in Wilmington, according to the complaint against him.

Smith did not return a call about the case, and McCarter also did not return a call.

After the traffic stop, Smith was charged with third-degree possession of a controlled dangerous substance. In September 2019 he pleaded guilty, acknowledged the commission of a crime, and agreed to pay a $1,000 penalty.

Smith was admitted to New Jersey's Pretrial Intervention Program, a diversionary program for first-time criminal offenders. If he successfully completes a 24-month monitoring period, authorities will remove the conviction from his record.

Smith also promptly notified ethics officials in New Jersey and Delaware of his arrest. He also voluntarily abstained from practice for more than a year until the disposition of his Delaware ethics case, in which he was subject to a private admonition.

The majority said it found Smith's comments differentiating Adderall from cocaine, ecstasy and crack to be "disturbing." His assertions that Adderall is different because it is nonintoxicating and is used in institutions of higher learning for the purpose of increasing focus, stamina, work quality and quanity were "hollow arguments," the five-member majority of the DRB said in recommending a three-month suspension.

But the four members who recommended censure cited Smith's "actions in dealing with his addiction and in taking responsibility for his actions following his arrest," such as his participation in a formal monitoring agreement with Delaware's Lawyer's Assistance Program and his ongoing treatment with a mental health provider.