Adverse Witness
LAWYERS AND LAWYER’S ASSISTANCE PROGRAMS
Michael Sneeringer & John Lesko, JD, CAP AW
In preparing for a legal career, most lawyers never give much thought to the consequences of a career that, for most, is at times defined by intense stress and self-sacrifice. It is predictable that, as a professional who makes a career out of solving problems for others, a lawyer is often taken by surprise when he or she, or a colleague, becomes unable to stay happy and healthy while practicing law. Yet, a 2016, national study predicated on voluntary responses from nearly 14,000 practicing lawyers, found that 21-36% qualify as problem drinkers, 28% self-report as being “depressed,” and 19% and 23% are struggling with some level of anxiety and stress, respectively i . In response to this identified crisis among legal professionals, bar associations across America are increasing their efforts to educate lawyers, reduce stigma, and minimize the too often devastating effects of mental health and substance use disorders. So what is a lawyer’s assistance program and how can it benefit lawyers, law students, judges and paralegals? And if you call for help, will your identity and other information be kept “confidential? Types of Lawyer’s Assistance Programs In general, a lawyer assistance program provides confidential services and support to lawyers, judges, paralegals and law students (participants) who may be experiencing substance use or mental health concerns. ii At last count, all fifty states and the District of Columbia had some sort of program for its lawyers. In some states, the program is a private, non-profit 501(c) (3) that is affiliated with the state bar. iii As another approach, one state utilizes an independent, non-profit corporation run by judges and lawyers, with funding from the state’s supreme court and bar committees. iv Further, other state bars offer such programs as a direct member service. v Though not a normal matter of concern for the vast majority of Florida lawyers, the Florida Bar has long been a national leader in policy aimed at helping its lawyers’ community rather than penalizing distasteful behavior borne of treatable illnesses. Thus, Florida’s approach to a lawyer’s assistance program provides great protection for struggling attorneys; Florida Lawyers Assistance, Inc. (FLA) operates independent of The Florida Bar, although it does receive funding from it. vi FLA daily receives calls, arranges interventional services, and offers supportive guidance to law students, lawyers, paralegals and judges across The
Sunshine State. The main idea of the above discussion is that, in some states, a direct affiliation exists between the bar and lawyers’ assistance program, while in other states, the funding by the state bar is stressed. These state bar programs differ from traditional rehabs or organizations geared toward treatment of substance use disorders. To wit, while a state bar program may help a lawyer find treatment, provide a personal treatment plan and make referrals to qualified healthcare professionals, it does not provide actual treatment at a facility. vii Lawyers who contact lawyer assistance programs are not grouped into one bucket. As an example, a state may differentiate further between young lawyers, lawyers, and aging lawyers, taking into account the different needs of lawyers who are just starting their careers with lawyers who are well into retirement age. viii A different approach is going to be utilized speaking with one age group over another. Guaranteed Confidentiality In 1985 the Florida Supreme Court authorized Rule 3-7.1(o) [now 3-7.1(j)] providing that services to any attorney who has voluntarily sought, received, or accepted treatment for alcoholism or alcohol or drug abuse shall be confidential and evidence [therof] shall not be admitted as evidence in disciplinary proceedings under these rules unless agreed to by the attorney who sought the treatment. ix Accordingly, inquiries to FLA are confidential. Other states use a similar approach. x Protections for Other Recognized Conditions Conditions other than chemical dependency, such as depression, stress, bi-polar disorders, personality disorders, financial and family problems, and other addictions such as gambling, sex, or food, can adversely affect a lawyer’s ability to practice law. Failure to address and treat these conditions can result in consequences just as severe as drug addiction or alcoholism. In recognition of this fact, the Florida Supreme Court, in 1998, expanded Rule 2‑9.11 to provide that the program of assistance for addicted and chemically dependent members would also include those suffering psychological problems affecting their professional performance .
July / August 2022 Vol. 210
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