Attorneys have highly stressful careers and tend to have a higher rate of addiction and mental health issues. Many states have developed Lawyer Assistance Programs to help attorneys get treatment and salvage their careers.
Attorneys have highly stressful careers and tend to have a higher rate of addiction and mental health issues. Many states have developed Lawyer Assistance Programs to help attorneys get treatment and salvage their careers.
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.
In November 2000, California voters approved Proposition 36, which allowed probation and treatment for many drug addicted criminal offenders who would normally face jail time. At the same time, California state Senator John Burton proposed Senate Bill 479, which established a diversion and treatment program for lawyers who suffer from drug addiction, alcohol abuse, or mental illness. The bill was sponsored by the California State Bar, signed into law in July 2001 and became effective on January 1, 2002. The bill created the Attorney Diversion and Assistance Act which is codified in California Business and Professions Code, Section 6230 through Section 6238. The purpose of the bill was two-fold: to protect the general public from malpractice while preserving the bar cards of addicted or mentally ill attorneys by encouraging attorneys to enter addiction treatment centers or programs for rehabilitation. The result: the California Lawyers Assistance Program.
Studies show that roughly 20% of all practicing attorneys suffer from addiction to drugs or alcohol and roughly 30% suffer from depression; these are conservative estimates. When an attorney practices law while actively abusing drugs or alcohol, there is tremendous potential for harm to clients, the general public, or the attorney’s future ability to practice law.
This is the second article in a series on addiction treatment for attorney. Read Part I on Addiction Treatment for Lawyers.
At any given moment, a typical drug or alcohol treatment center will have patients from all walks of life. Vast differences may exist in age, sex, education level, family status, job type and socio-economic status. However, the treatment center participants are all united in their addiction and the desire to get and stay sober. But, if we were permitted to take a closer look, I bet we’d find that lawyers are represented no more frequently than any other type of worker. In fact, they probably enter addiction treatment centers less often than other individuals.
Why is this bad? Why should we not applaud the fact that attorneys are not in rehab as often as everybody else? Simply put, a lawyer is twice as likely to need an addiction treatment center than a non-attorney. The fact that attorneys are not taking up their fair share of treatment center beds, and then some, should be cause for great concern.
Jane and David recently filed for divorce. They have two small children, Dylan and Maddie. Both parties have retained legal counsel and are fighting for custody of their kids. Recently, David became suspicious that Jane’s new boyfriend might be abusing the children. He phoned his attorney and demanded that the attorney seek immediate, emergency, full custody of the kids in order to protect them from the new boyfriend. The attorney sent notice to Jane’s attorney regarding a hearing and, when opposing counsel failed to show for the early-morning hearing, the judge awarded sole custody to David until further notice. Jane will have to wait at least three months in order to have a formal hearing on permanent custody status. During this time, she will not have access to Dylan and Maddie. It will be revealed that nothing improper was occurring between the new boyfriend and the children. However, we will also learn that David hits Dylan when he is angry.
