Alcohol & Drug Treatment for Lawyers Part V: Success in Treating California Lawyers for Substance Abuse
An attorney can participate in California’s lawyer assistance program (LAP) for any length of time if complying with the recommendations of the Evaluation Committee. Successful completion means having maintained three years of continuous sobriety or stability, made lifestyle changes sufficient to maintain ongoing recovery or stability, satisfied the terms of a participation agreement, and participated in the Program for 5 years or as deemed appropriate by the Evaluation Committee.
So far, the Lawyer Assistance Program sounds like a pretty good deal. Instead of suffering the full and undiluted consequences of the Bar’s powerful disciplinary process, attorneys may be able to avoid punishment, perhaps entirely, by entering a treatment center or program. The same concept underlies California’s general drug diversion program which, presumably, reduces jail populations by sending addicts for treatment rather than to jail.
Based on the assumption that 20% of all active attorneys are addicted to drugs or alcohol, which is widely accepted in the scientific community, California has approximately 35,000 attorney addicts. And that’s not all. Based on a study that showed a 26% mental illness rate among attorneys, there should be almost 50,000 attorneys seeking treatment for mental illness (although these populations largely suffer from both substance abuse and mental illness). However in 2008, only .4% of California’s attorneys participated in the program. Of that number, only 25% entered voluntarily (i.e. not already under a disciplinary proceeding or investigation). Sadly, what looks good on paper for substance abuse treatment often does not work in reality.
Perhaps participation is low due to the fact that those behaviors and personality traits that are common among some attorneys, such as aggression and perfectionism, also foster denial and inhibit the ability to admit there their is a substance abuse problem. Also, the stigma associated with drug or alcohol abuse could ruin or impair an attorney’s career. However, perhaps the main reason attorneys do not seek treatment for alcoholism or drug addiction is that they cannot afford to.
Administration for the LAP is costly, especially since staff therapists and counselors work directly for the Bar. The cost of administering the program comes from State Bar dues – $10 from each of California’s roughly 170,000 active members. But those fees do not cover the cost of enrolling in a treatment center, attending professional counseling sessions, drug testing, or professional evaluations.
Each attorney must pay for the costs associated with participating in the program, including the cost of enrolling at an addiction treatment center. Although financial aid is available to those who cannot afford the cost of treatment via low-interest loans, the maximum amount one can borrow is fairly low relative to the cost of treatment. Last year, twenty percent of participants took advantage of LAP’s financial assistance plan, which is offered based on income for an initial 12-month period. After a year, the availability for financial assistance for continued treatment is evaluated on a case-by-case basis. After completion of the program, participants are required to repay the loan over five years at 7% interest. If they fail to complete the program, the balance becomes due and payable immediately. By the end of 2008, the financial assistance plan had loaned out approximately $1.75 million to cover the cost of treatment center attendance and other recovery-associated items.
However, I suspect that low voluntary participation in the LAP is largely a result of the enormous financial hit an attorney would take if he or she were to suspend practicing law to enroll in a formal program at an addiction treatment center. In order to fully realize the benefit of the program, more financial assistance needs be offered not just for treatment, but also for income replacement while attending a treatment center. If that becomes a reality, we might see the number of attorneys participating in the program increase dramatically.
Millie Anne Cavanaugh, Esq. is a Los Angeles immigration lawyer and former insurance defense attorney licensed to practice law in California and Massachusetts. The information contained herein is provided for informational purposes only, and should not be construed as a solicitation for your business or as legal advice on any subject matter. You should not act or refrain from acting on the basis of this information without seeking independent legal advice.
Tags: Addiction Treatment, Attorneys
