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Under Pressure

A Lawyer’s Guide to Maintaining Mental Health and Avoiding Substance Abuse

Presenters:

Ronald M. Schirtzer – Greenberg TraurigMariana Whitmore Williams – Licensed Mental Health Counselor

And National Board Certified Counselor and Coach

Review of Substance Abuse and Depression Statistics Regarding Lawyers Attorneys are 60% more likely to suffer

from substance abuse than the general population

Roughly 1 in 5 lawyers is addicted to alcohol

60-75% of all attorney disciplinary actions and malpractice claims arerelated to substance abuse

Studies show that Lawyer have the highest incidence of depression of any profession

Lawyers have the highest suiciderate of any profession

Bar Rules Dealing with Substance Abuse and Depression

Rule 1.16(2) of the Model Rules of Professional Conduct preclude a lawyer from undertaking or continuing representation of a client when the lawyer suffers from a mental condition that materially impairs his or her ability to represent the client

Bar Rules Dealing with Substance Abuse and Depression

State Bar rules also impose minimum competency requirements. Eg.- Rule 3-110, California Rules of Professional Conduct

“A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.

Competence defined to include mental, emotional, and physical ability reasonably necessary for the performance of legal services

Bar Rules Dealing with Substance Abuse and Depression

Rule 8.3 of the Model Rules requires lawyers to inform the appropriate professional authorities of any other lawyer whom they know to have violated the Model Rules in such a way as to raise a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer

Similar reporting requirements can be found in Rule 4-8.3 of the Florida Rules of Professional Conduct

Bar Rules Dealing with Substance Abuse and Depression

Pursuant to Bylaw 2-9.11 of the Rules Regulating the Florida Bar the Florida Bar has established a lawyer assistance program for the identification and assistance of members who suffer from chemical dependency or psychological problems

Most other State Bars have similar lawyer assistance programs

The Florida Lawyers Assistance Program

The Florida Lawyers Assistance Program (fla-lap.org) provides peer support group meetings throughout the state for substance abuse and psychological issues, monitoring programs, and printed guidelines for self testing and recognizing the signs of substance abuse and psychological disorders in others

Copies of self tests for substance abuse and depression, and signs suggesting possible substance abuse problems in others are included in the handouts to this presentation.

Effective Strategies for Coping with Substance Abuse and Depression

Take Stock of what is going on in your life, and available outside help

You can’t solve these issues on your own. Seek out help from licensed professional, and follow their advise, including taking prescribed medications

Attend AA or NA meetings and find asponsor you trust.

Contact the Lawyers Assistance Program for additional help and support. It is truly anonymous, and can save, not hurt your career.

Effective Strategies for Coping with Substance Abuse and Depression

Get a copy of the Big Book of AA or NA to help you understand the disease

Learn how to cope with stress. Take time away from work for yourself (exercise, vacations) on a regular basis

Alter your routine. Avoid pressurepoints that lead to problematicbehavior

Talk to spouses, family, and partners. Involve them in your treatment and recovery

Know your rights. Depression and substance abuse are ADA protected conditions