Robert B. Holt: Lawyer Asisstance Programs

When approached to prepare a brief presentation addressing the = nuances=20 of substance abuse as it regards practice of law in small and solo = practice, those recent words of enlightenment immediately came to = mind.=20 The problems relating to alcohol and other drugs, mental = health, and=20 physical impairments had long been significant factors in = evaluating=20 clients with criminal, family, and employment related = problems.However,=20 the incumbent problems, in the abstract, fail to provide = illumination or=20 even cover when the effects of the behavior belong to the=20 practitioner. The attorney=92s counsel is sought to address = problems;=20 thought is rarely focused on the personal welfare of the = practitioner.

The =93Join Together=94 policy panel=92s 2003 comprehensive = report addresses=20 the some prominent barriers confronting people seeking = treatment: =20 =93Over 30 percent cited lack of insurance, the cost of treatment, = or the=20 scarcity of treatment programs; almost 20 percent said they feared = being=20 fired or facing discrimination at work; and almost 40 percent said = they=20 were very or fairly concerned that other people would find out = about their=20 problem.=94

Since 1994 I have been involved with a professional = organization called=20 =93Colorado Lawyer=92s Health Program=94: CLHP.The organization = was one of the=20 first =93broad stroke=94 attorney assistance programs to = organize:with roots=20 reaching the early 1980=92s, CLHP incorporated as a stand-alone, = not for=20 profit organization, in 1993. During the past ten years I have = served as a=20 panel member, board member, and until funding was reduced, I = served as the=20 part-time executive-director of the organization.During my ten = year=20 association with the organization, I have had the pleasure of = meeting a=20 fantastic variety of courageous practitioners, judges, and care=20 providers.

Initially obtuse, I began to recognize a pattern of = characteristics of=20 a disproportional population of attorneys seeking assistance, who = were in=20 solo practice or small partnerships.Likewise, the breadth of = situations=20 impairing practice was initially inconceivable and continues to = evolve:=20 from traditional chemical or alcohol dependence to the emerging = issues=20 relating to gambling addiction, and sexual addictions.

The ABA Commission on Lawyer Assistance Programs, under the = tireless=20 direction of Donna Spillis, has recognized and addressed the = unspoken=20 demons of the profession since 1986. The commission history notes = that=20 while approximately ten percent of the American population has = substance=20 abuse issues, comparative statistics demonstrate that fifteen to = eighteen=20 per cent of the attorney=92s and judges may suffer the same = issues. ABA=20 commission notes: =93Because many lawyers and judges are = overachievers who=20 carry an enormous workload, the tendency to =91escape=92 from = daily problems=20 through the use of drugs and alcohol is prevalent in the legal = community.=20 Also, the daily pressures placed on these men and women can lead = to=20 inordinate amounts of stress and mental illness.=94Most would = agree that the=20 search for the illusive search for the billable hour, or the = absolutely=20 satisfied client or judge may greatly influence pressures on the = most=20 talented practitioner; however, it fails to demonstrate why = equally=20 stressful activities do not appear to trigger the same type of = dependency=20 in solo practice.

The Talbott Recovery Campus in Atlanta has identified six = critical=20 characteristics unique to attorney and judge perceptions which = greatly=20 influence the recovery process:

1. Superior Intellectual and Verbal Skills: = permits=20 deflection of unwanted feedback, and inhibits strong emotional = bonding=20 with peers and the recovery process

2. Ability to notice differences between persons = and=20 circumstances: inhibits attorney=92s ability to see self as = similar to=20 other addicted persons, promotes feelings of uniqueness

3. Reluctance to Acknowledge Even Minor Personal=20 shortcomings: promotes minimization of consequences, and = inhibits=20 emotional honesty

4. Preference for Concise, Logical Reasoning: = inhibits open expression of emotions, and promotes academic = =93textbook=94=20 approach to recovery

5. Professional Demeanor: prone to = =93challenge=20 credentials=94 of treatment staff, needs treatment peer group = comprised of=20 similar educational background and socioeconomic background

6. Need for continuing care: affiliation with = recovering professionals, and support and advocacy from treating = facility=20 on an ongoing basis

Despite Dr.Talbott=92s insightful analysis, his assessment = fails to=20 differentiate between the large firm practitioners, and the = independent=20 small firm or solo practitioner. In testimony before the =93Join = Together=94=20 Policy Panel, former First Lady, and champion of recovery, Betty = Ford=20 noted:

As a recovering woman, I have personally = suffered=20 the scorn of others who are confused, bitter and misled = about=20 addiction.I still today sometimes get the reaction of how = could a=20 nice person like me be an alcoholic.It is hard not to take = it=20 personally when I read public opinion polls of both = professionals=20 and the general public who believe addiction to be a moral = weakness=20 rather than a disease. How could people still believe this = in the=20 year 2002?

Certainly stigma plays a role in seeking treatment, but it does = not=20 explain why the disparity between types of attorneys or = judges.Despite=20 reading, statistics, reports and guides from a myriad of sources, = it is=20 difficult to assess exactly why a solo practitioner would be more = prone to=20 addiction or mental illness.As a neophyte in the Lawyer Assistance = Program=20 administration the vulnerability of the solo practitioner seemed = to be=20 fueled by some intangible element that makes a solo practice = =93different=94.=20

While serving as a director of CLHP I was invited to attend a=20 facilitated peer assistance meeting for =93allied=94 professionals = outside the=20 Denver metropolitan area. At that meeting I was impressed with the = number=20 of medical professionals who shared their recovery history: many = had=20 felony convictions. This was a significant and distinctive = difference than=20 the attorney=92s groups I was familiar with: while many problems = had been=20 exposed by misdemeanor offenses, a felony conviction was expulsion = from=20 the profession. Upon reflection, I realized that two factors = contributed=20 to the divergence of experience between professions: availability = of=20 controlled substance, and the Federal accountability of the = substance.=20 With the FDA providing a =93supervisory=94 role, the medical = practitioners=20 were =93nudged=94 into treatment when audits revealed their = =93secret=94:=20 attorneys police themselves.

On the flight back to Denver, I mulled over the possibility of = merging=20 professions in peer assistance programs. While recognizing the=20 similarities of recovery, one recurring dissention that haunts = attorney=20 peer support is the divisive nature of the substance being = abused: =20 merging addiction to alcohol with addiction to illicit substances, = often=20 leads to heated debate and discussion among attorneys.A former = federal=20 agent who attended peer support meetings, blamed much of her abuse = of=20 alcohol on the fact that it was the only =93escape=94 that was = legal=20 and available. In mentally reconciling the = experiences, I=20 came to realize that opportunity is a salient feature of = addictive=20 behavior: this factor is accentuated in the solo or small firm=20 practice.

The solo practitioner operates in a vacuum of isolation: = responsible=20 for the legal woes of clients, supervision is minimal or=20 non-existent. When factored with Dr. Talbott=92s = characteristics=20 of attorneys that influence recovery, this unsupervised = opportunity makes=20 the solo or small practice attorney particularly vulnerable to = becoming=20 compulsive in seeking and using alcohol or other drugs. = Often the=20 behavior problem can be hidden: he=92s in court; she=92s preparing = a brief;=20 that attorney is attending a seminar. All are routine = =93lawyer=20 activities=94; all provide a plethora of excuses for behavior that = would not=20 be tolerated in a public workplace.

It is beyond the scope of this project to offer an extensive = list of=20 resources available for attorney=92s struggling with personal=20 difficulties. However, almost every bar association in the = United=20 States and Canada has recognized the problem and adopted = assistance=20 programs to address situations of crisis, as well as pioneering=20 educational elements to prophylactically affect the legal = community. =20 Web-links to most Lawyer Assistance Programs can be located at the = ABA=20 CoLap Web-site: http://www.abanet.org/legalservices/colap.