SUBSTANCE ABUSE 1 OUTLINE SUBSTANCE ABUSE GETTING HELP

SUBSTANCE ABUSE 1

OUTLINE SUBSTANCE ABUSE GETTING HELP THE OTHER BAR LAWYER ASSISTANCE PROGRAM ETHICS QUESTIONS? 2

SUBSTANCE ABUSE 3

SUBSTANCE ABUSE The Disease Model: Substance dependence has been accepted as a disease since the 1960 s. Substance dependence has disease-model characteristics: Chronic. Progressive. Fatal. Recognizable symptoms. Treatable. 4

SUBSTANCE ABUSE Chronic — it is a permanent condition that can be arrested but not cured. (Diabetes, asthma, hypertension) Progressive — if left untreated, the condition gets worse. (Tolerance) Fatal — if left untreated, the condition can be and often is fatal. 5

SUBSTANCE ABUSE Recognizable symptoms — the symptoms are clearly recognizable without the aid of tests. Treatable — while the condition cannot be cured, the progression of the disease can be arrested and people live happy, healthy and productive lives in recovery. 6

SUBSTANCE ABUSE Substance abuse has a profound impact on the body, but it is the altered brain chemistry that creates the craving for mood -altering substances and explains the loss of control that occurs. 7

SUBSTANCE ABUSE This altered brain chemistry produces an obsessive, compulsive and irrational need to drink or use drugs despite adverse consequences to the user’s own life and health. The alcoholic/addict will continue to drink/use regardless of the evidence of adverse consequences. 8

SUBSTANCE ABUSE Alcoholic: “A person for whom one drink is too many and 100 are not enough!” 9

SUBSTANCE ABUSE Unfortunately, the part of the brain that is effected is the core or limbic system where the autonomic nervous system is regulated, and not in the frontal lobe area where conscious, rational decision-making takes place. You cannot “think” your way out of addiction. 10

SUBSTANCE ABUSE The later stages of the disease are accompanied by pain (both physical and emotional) after the effects of the alcohol or drugs have faded. (Withdrawals) Ultimately, those afflicted begin to use substances in order to avoid the pain rather than to experience pleasure. 11

SUBSTANCE ABUSE In the final stages of the disease, total loss of control over the use of alcohol or drugs is common, and this loss is progressive and permanent. Alcoholism/Addiction is a disease that convinces those afflicted that they are not sick! 12

SUBSTANCE ABUSE & ATTORNEYS Alcoholism/addiction appears to be a more common problem in the legal profession than it is in most other occupations. 13

SUBSTANCE ABUSE & ATTORNEYS According to the ABA, a 2002 Substance Abuse and Mental Health Services report estimated that roughly 10 percent of Americans age 12 and older are substance abusers. 14

SUBSTANCE ABUSE & ATTORNEYS An ABA study showed that 15%-18% of attorneys are substance abusers. California State Bar Court Judge Honn stated that the estimate for attorneys in California is 20%. (2007 Rutter Group MCLE) 15

SUBSTANCE ABUSE & ATTORNEYS This apparent “occupational hazard” is most often attributed to the stress of legal practice. However, there may be a “natural selfselection” process at work as well. The same personality traits that are over-represented in the population of adults who are recovering from substance-related disorders also are common in the legal community. (High achievement orientation, perfectionists, obsessive-compulsive. ) 16

SUBSTANCE ABUSE & ATTORNEYS An alcoholic/addicted attorney presents a particular challenge: many attorneys require or expect a greater level of “proof” that the problem exists or that they are no longer in control of their use. They are also more inclined to argue with others over their drug use or drinking. 17

SUBSTANCE ABUSE & ATTORNEYS Attorneys typically have outstanding verbal skills, view themselves as assistance providers rather than recipients, do not want to show weakness, and need to be in control. So do alcoholics and addicts! 18

SUBSTANCE ABUSE & ATTORNEYS Denial, rationalization and “euphoric recall” are natural ego-defense mechanisms that all of us utilize. These mechanisms are used in the mind of the alcoholic/addict to avoid facing the embarrassment and shame that would otherwise be overwhelming. 19

SUBSTANCE ABUSE & ATTORNEYS The addict/alcoholic also begins to need to defend against the criticism of others and avoid admitting that he or she has a problem that cannot be overcome alone. This powerful defense develops subtly and denial strengthens as the disease progresses. 20

GETTING HELP 21

GETTING HELP The tragic result of these particularly strong ego defenses by legal professionals is that only a small percentage of those who need help actually seek help. It is not necessary for those close to a substance dependent attorney to wait for the attorney to hit his or her own proverbial “bottom” before seeking help. 22

GETTING HELP Do not wait until the attorney, his or her clients, colleagues or family, suffer irreparable harm. 23

GETTING HELP Intervening to present an impaired attorney with a caring and compassionate message about the impact of his or her behavior is often effective. The goal of any “intervention, ” whether it be a friend expressing concern or an employer extending an ultimatum, is for the individual to obtain proper assessment and appropriate treatment. 24

GETTING HELP Do not underestimate the value of expressing your concern. Many people who are currently in recovery from this disease are able to reflect back with gratitude toward those who demonstrated the courage to speak up. Many report that this courage helped to save their life. 25

GETTING HELP Programs like The Other Bar and LAP are available to help with expressing concern and finding appropriate assessment and treatment. Do not wait until you or an attorney colleague is facing disciplinary proceedings with the State Bar Court! 26

GETTING HELP State Bar statistics show that 75% of attorneys who sought assistance with substance abuse in 2008 were also involved in disciplinary proceedings! 27

GETTING HELP The December 31, 2009, Statement of Expenditures of Mandatory Membership Fees shows that of the annual fees: 85. 5% ($58, 715, 491) were spent on “Discipline”; with $9, 929, 296 going to the State Bar Court and $39, 346, 548 going to the Office of Chief Trial Counsel. 4. 0% ($2, 736, 183) were spent on LAP. 28

GETTING HELP Having the support of a group of peers struggling with the same issues and challenges tends to break through the denial and reduce the shame associated with having this disease. Peer group recovery programs have a higher success rate. The Other Bar LAP Judges Helping Judges 29

THE OTHER BAR 30

THE OTHER BAR A a network of recovering lawyers and judges throughout the state. Dedicated to assisting others within the profession who are suffering from alcohol and substance abuse problems. We are a private, non-profit corporation. The program is voluntary and open to all California lawyers, judges and law students. 31

THE OTHER BAR Our organization is founded on the principle of anonymity and provides services in strict confidentiality. Our network of “lawyers helping lawyers” comprises 30 to 40 peer support meetings throughout the state, most of which meet every week. 32

THE OTHER BAR This network serves more than 600 lawyers each year who support each other in recovery and assist others in becoming and staying clean and/or sober. The Other Bar also provides MCLE programs, both online and live, focused on recovery. The website contains a statewide list of meeting locations and times. 33

THE OTHER BAR Through its “Shot of Sobriety Loan Program, ” it assists with the costs associated with hospitalization and residential treatment. We provide two retreats in the fall, one for men and one for women, and a statewide Networking Conference each spring. (Needbased Scholarships are available. ) 34

THE OTHER BAR The Other Bar retains a full-time consultant to help coordinate our efforts; however, the overwhelming proportion of the work is performed by volunteers who donate their time and talents to assist others in becoming and remaining clean and/or sober. 35

THE OTHER BAR On average, Other Bar members provide 20 to 25 hours of service to lawyers in recovery every month, which amounts to more than 80, 000 volunteer hours each year. 36

THE OTHER BAR Informally, many members also provide: Jobs to those who need work; Counseling to those who seek it; Housing; Transportation to and from meetings; Short-term coverage for an attorney’s cases to seek continuances and other accommodations. 37

THE OTHER BAR The Other Bar also provides assistance to families and co-workers of lawyers, thus reducing the impact of co-dependence on the lawyer’s recovery. The Other Bar is completely unrelated to, and has no association with, the discipline system of the State Bar of California. In fact, many Other Bar participants have no disciplinary problems at all. 38

THE OTHER BAR Unlike the State Bar program, The Other Bar has no dues or fees for participation and serves a community of lawyers at various stages of recovery, and it is the only network that focuses on continuing sobriety—for life. 39

THE OTHER BAR The Other Bar also differs from traditional AA or NA in that it is the only forum where lawyers can work on problems and pressures related to the practice of law. Lawyers can be assured of complete confidentiality and the mentorship of others with decades of experience with the same challenges. 40

THE OTHER BAR If you or someone you know is suffering from alcoholism or chemical dependency, please call our 800 number (1 -800 -222 -0767). Our consultants and members stand ready to assist our colleagues in all areas of recovery. Website: www. otherbar. org Consultant contact: confidential@otherbar. org 41

LAWYER ASSISTANCE PROGRAM 42

LAWYER ASSISTANCE PROGRAM The mission of the Lawyer Assistance Program (LAP) is to… Enhance public protection Maintain the integrity of the legal profession Support recovering attorneys in their rehabilitation and competent practice of law. B&P Code §§ 6140. 9, 6230 -6238 LAP@calbar. ca. gov 43

LAWYER ASSISTANCE PROGRAM LAP provides services to attorneys related to: Stress or Burnout Mental Illness Substance Abuse LAP works with family members, friends, colleagues, and judges who wish to obtain help for an impaired attorney. 44

LAWYER ASSISTANCE PROGRAM There are three main components to the LAP program, all of which are strictly confidential: 45

LAWYER ASSISTANCE PROGRAM Short-term Counseling -- call 800 -341 -0572 to speak to a LAP consultant. You can arrange up to two (2) free counseling sessions with a professional in your area. Career Counseling -- call 800 -341 -0572 to speak to a LAP consultant. Supportive Recovery Program – call the Lawyer Assistance Program at 877 -LAP 4 HELP (877 -5274435), to gain extensive support and expert guidance with recovery efforts. 46

LAWYER ASSISTANCE PROGRAM Participation in LAP may require: Attend 12 -step meetings each week or attend therapy sessions. Attend LAP group meetings each week. Abstain from all drugs, including alcohol. Meet with the Evaluation Committee periodically. Maintain regular contact with a Case Manager. Participate in lab testing on a random basis. Participate in inpatient treatment or counseling as required. 47

ETHICS 48

ETHICS In California, attorneys have no ethical duty to report suspected alcohol or drug abuse by another attorney to the State Bar. Under the ABA’s Model Rules there is a duty to report attorneys or judges who engage in misconduct or whose conduct raises a substantial question as to the attorney’s honesty, trustworthiness, or fitness as a lawyer. 49

ETHICS However, in California, attorneys do have an ethical duty to report a member of the State Bar who “intentionally, recklessly, or repeatedly fails to perform legal services with competence. ” (Rule 3 -110. ) “Competence” means applying the diligence, learning, skill, and mental, emotional, and physical ability reasonably necessary for the performance of legal services. 50

ETHICS Further, the progressive nature of the disease of alcoholism/addiction will cause the afflicted attorney to suffer physically, emotionally, and mentally, to a degree that will lead to incompetent representation. An attorney must withdraw from representation when the lawyer’s mental or physical condition renders it unreasonably difficult to carry out the employment effectively. (Rule 3 -700. ) 51

ETHICS Criminal conduct must be reported to the State Bar. This includes DUIs. Judges have the authority to control courtroom proceedings. (CCP § 128. ) Therefore, Judges make take all necessary steps to maintain the dignity and authority of the court. This means judges can report impaired attorneys. 52

THANK YOU! QUESTIONS? 53