News
Discipline
Aug. 8, 2002
Bar None
Dicta Column - By JoAnne Earls Robbins - Health professionals say 20 percent of California attorneys have a substance abuse problem. Other experts estimate that 25 percent have an emotional or psychological impairment. Many attorneys involved in the State Bar discipline program, such as State Bar prosecutors, judges and defense counsel, believe that half of the attorneys disciplined have one of those problems.
Dicta Column
By JoAnne Earls Robbins
Health professionals say 20 percent of California attorneys have a substance abuse problem. Other experts estimate that 25 percent have an emotional or psychological impairment. Many attorneys involved in the State Bar discipline program, such as State Bar prosecutors, judges and defense counsel, believe that half of the attorneys disciplined have one of those problems. Unfortunately, until now, the State Bar has had no major program to assist these attorneys; it has referred them to other resources. While programs like Alcoholics Anonymous or the Other Bar are helpful, the State Bar itself did little to help lawyers with these problems until an attorney committed an act of misconduct.
Help has finally arrived. In 2001, the state Legislature passed the Attorney Diversion and Assistance Act, Business and Professions Code Sections 6230 through 6238. It established the Lawyer Assistance Program, which addresses these serious problems in a systematic way for the first time. It is funded partially by attorney membership dues and is to some extent modeled after the state Physician Diversion Program.
Like any new system, this program no doubt will suffer from glitches and gaps. However, this is the first time the State Bar has committed time, money and energy to confront the substance abuse and psychological problems that are rampant in the profession. The more California attorneys support this fledgling program, the greater its likelihood of success.
Although the program is in its infancy, indications are promising that the program will be successful. First, the program shows a visible and organized commitment to deal with the problem. Although previous abuse programs had some good ideas and people, the attempts were sporadic and never well-publicized.
Second, it is staffed largely by people who have experience with other assistance programs, like the one that exists for doctors. Third, it is a mandated program, which means that its funding cannot be discontinued when and if those in control of the money lose interest in the program. Fourth, the statute specifically states that no attorney will be denied access to the program solely because of inability to pay. Since most attorneys who are addicted or psychologically impaired also have financial problems, this component is essential to the program's success.
Finally, the program is absolutely confidential, an assurance which is written into the statute. Many lawyers are more afraid of having their problems exposed than they are of losing their practices or licenses. The ability to go to someone who can help them without fear of their problem being discovered by their colleagues or clients will make the critical difference to many lawyers who desperately need help.
It is also encouraging that the program addresses both short- and long-term aspects of the problem. The program provides toll-free confidential numbers for immediate help. A call will result in someone meeting the distressed lawyer at a local restaurant, since many lawyers with problems are reluctant to go to the State Bar building and sign in at the security desk. The program also provides small-group sessions facilitated by experienced mental health professionals.
Lawyers who enter into long-term agreements with the Lawyer Assistance Program can avail themselves of other services, such as addiction evaluation, psychological counseling and drug testing. And although these facets of the new program are in their beginning stages, at least the bar is on the right track.
Because so many attorneys who are prosecuted or disciplined by the State Bar have substance abuse or mental health problems, the program will have some interaction with the disciplinary system. The specifics of that interrelationship have not been established but are being developed with the input of experienced and interested parties. Regardless of the degree of their interrelationship, however, one thing remains certain: Lawyers will be able to enter the program voluntarily with complete confidentiality.
To help publicize the program, its staff will be available to give presentations to bar associations or firms. More important, they are only a phone call away from someone in need. Their toll-free number is (866) 436-6644. All calls are confidential. For lawyers who need help, this is a good place to start.
JoAnne Earls Robbins practices with Karpman & Associates of Los Angeles and was a hearing judge with the State Bar. She can be reached at karpethics@aol.com.
By JoAnne Earls Robbins
Health professionals say 20 percent of California attorneys have a substance abuse problem. Other experts estimate that 25 percent have an emotional or psychological impairment. Many attorneys involved in the State Bar discipline program, such as State Bar prosecutors, judges and defense counsel, believe that half of the attorneys disciplined have one of those problems. Unfortunately, until now, the State Bar has had no major program to assist these attorneys; it has referred them to other resources. While programs like Alcoholics Anonymous or the Other Bar are helpful, the State Bar itself did little to help lawyers with these problems until an attorney committed an act of misconduct.
Help has finally arrived. In 2001, the state Legislature passed the Attorney Diversion and Assistance Act, Business and Professions Code Sections 6230 through 6238. It established the Lawyer Assistance Program, which addresses these serious problems in a systematic way for the first time. It is funded partially by attorney membership dues and is to some extent modeled after the state Physician Diversion Program.
Like any new system, this program no doubt will suffer from glitches and gaps. However, this is the first time the State Bar has committed time, money and energy to confront the substance abuse and psychological problems that are rampant in the profession. The more California attorneys support this fledgling program, the greater its likelihood of success.
Although the program is in its infancy, indications are promising that the program will be successful. First, the program shows a visible and organized commitment to deal with the problem. Although previous abuse programs had some good ideas and people, the attempts were sporadic and never well-publicized.
Second, it is staffed largely by people who have experience with other assistance programs, like the one that exists for doctors. Third, it is a mandated program, which means that its funding cannot be discontinued when and if those in control of the money lose interest in the program. Fourth, the statute specifically states that no attorney will be denied access to the program solely because of inability to pay. Since most attorneys who are addicted or psychologically impaired also have financial problems, this component is essential to the program's success.
Finally, the program is absolutely confidential, an assurance which is written into the statute. Many lawyers are more afraid of having their problems exposed than they are of losing their practices or licenses. The ability to go to someone who can help them without fear of their problem being discovered by their colleagues or clients will make the critical difference to many lawyers who desperately need help.
It is also encouraging that the program addresses both short- and long-term aspects of the problem. The program provides toll-free confidential numbers for immediate help. A call will result in someone meeting the distressed lawyer at a local restaurant, since many lawyers with problems are reluctant to go to the State Bar building and sign in at the security desk. The program also provides small-group sessions facilitated by experienced mental health professionals.
Lawyers who enter into long-term agreements with the Lawyer Assistance Program can avail themselves of other services, such as addiction evaluation, psychological counseling and drug testing. And although these facets of the new program are in their beginning stages, at least the bar is on the right track.
Because so many attorneys who are prosecuted or disciplined by the State Bar have substance abuse or mental health problems, the program will have some interaction with the disciplinary system. The specifics of that interrelationship have not been established but are being developed with the input of experienced and interested parties. Regardless of the degree of their interrelationship, however, one thing remains certain: Lawyers will be able to enter the program voluntarily with complete confidentiality.
To help publicize the program, its staff will be available to give presentations to bar associations or firms. More important, they are only a phone call away from someone in need. Their toll-free number is (866) 436-6644. All calls are confidential. For lawyers who need help, this is a good place to start.
JoAnne Earls Robbins practices with Karpman & Associates of Los Angeles and was a hearing judge with the State Bar. She can be reached at karpethics@aol.com.
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