CORK Bibliography: Lawyers

18 citations. 2003 to present

Prepared: June 2011

[Anon]. Nevada Supreme Court Orders: Order of stayed suspension with conditions. Nevada Lawyer 13: 44+, 2005. (7 legal refs.)

This column reports the outcome for an attorney with an alcohol problem. The attorney was ssued a stayed 30 day suspension, subject to successful completion of a one-year probation with multiple conditions, including random alcohol testing, participation in Lawyers Concerned for Lawyers and Alcoholics Anonymous, and reimbursement of costs arising directly from misconduct and from the disciplinary proceedings.

[editor]. Discipline: Judge Langton to be given rare reprimand. The Montana Lawyer 31(October): 27+, 2005. (0 refs.)

This article reports on the disciplinary steps taken in response to alcohol-related incidents by a Montana judge.

Blakeslee N. Tulia: Race, Cocaine, and Corruption in a Small Texas Town. New York: Public Affairs, 2005

This non-fiction book tells the story of a series of bogus drug arrests in the small Texas town of Tulia, sparked by a racist narcotics officer Tom Coleman. Coleman, an undercover white narcotics officer, claimed to have made more than 100 purchases of powdered cocaine during an 18-month period in 1998-99 from about 40 different residents of Tulia, a small and relatively poor town in the north Texas panhandle. Coleman worked for a regional anti-drug task force based in Amarillo, which had hired him largely because of his late father's stellar law-enforcement record. His work was unsupervised by the county sheriff and district attorney. Complementing Coleman was a local justice system that provided indigent defendents with "completely ineffective" lawyers offering resulting in only pro forma representation. Several of the Tulia defendants were quickly convicted and most resulted in long prison sentences-up to 434 years. It was through the work of a local reporter, and through pro bono appelate attornies that led to the release of most defendents and a civil settlement.

Bose P; Jonah B; Quaye K; Pruden H; Stewart S; Yost G. Survey of lawyers' attitudes and perceptions regarding impaired driving in Canada. Glasgow: ICADTS, 2004. (3 refs.)

In Canada, governmental responsibility for the issue of impaired driving is shared between the provincial/territorial and federal governments and between different departments within these governments. The federal government has the constitutional authority for criminal law. The Criminal Cod of Canada contains the criminal laws and sanctions for impaired driving, Provinces/territories have legislative authority for traffic safety and they oversee police enforcement, Provinces also conduct the criminal prosecutions of impaired driving,. The attitudes and perceptions of both the police and the legal community are very important influences for the societal response to the important issue of impaired driving, In 1990, the Canadian Ministers of Transport approved the Strategy to Reduce Impaired driving under the auspices of the Canadian council of motor Transport Administrators (CCMTA). The Strategy set goals and outlined a strategy for a 20% reduction in the percentage of persons killed and injured on Canadian roads by 2001. In response to this, in 1997, Transport Canada in partnership with the Association of Chiefs of Police, surveyed frontline police officers concerning their attitudes and perceptions regarding impaired driving enforcement. The resulting report has been widely used by police services and politicians in attempting to improve impaired driving enforcement in Canada. A successor plan Strategy 2010 is now in place that targets a 40% reduction in these indices by 2010. The current survey as conducted to ascertain the attitudes and perceptions of the criminal law bar. The survey was designed to follow as closely as possible the geographical regions used in the 1997 police survey, which will allow for regional as well as national comparisons. The project was designed in 3 distinct phase. The first involves methodological and sampling designs and focus group testing the draft instrument. The second phase involves further national focus group testing and approving the final instrument. The third phase involves the actual survey. This paper will outline the design and sampling challenges in the survey development as well as the results of the focus group testing of the instruments. In additional preliminary results are presented. There is an accompanying PowerPoint presentation with 20 slides.

Collins C. Addiction and the law: How dependency issues continue to affect the legal profession. The Oregon State Bar Bulletin 66(August/September): 9-15, 2006. (0 refs.)

Fifteen years ago, addiction referred primarily to dependence on substances: alcohol and other drugs. When the Bulletin last visited the subject, in a special August-September 1991 issue, "Drugs, Alcohol & Lawyers," recovery programs commonly saw the pure alcoholic. This article addresses the nature of addiction problems now encountered. Data is provided (although not referenced) on the disproportionate cases of drug dependence within the law professions.

Ellis DM. Remedy: A decade of diversion: Empirical evidence that alternative discipline is working for Arizona lawyers. Emory Law Journal 52: 1221-1237, 2003. (45 refs.)

A decade ago in Arizona, pioneering proponents of alternatives to traditional prosecutorial disciplinary proceedings said offering diversion - assistance rather than reprimands - is good common sense and makes good business sense. ... This statistical analysis of data from the time the State Bar of Arizona's Law Office Management Assistance Program (LOMAP) was established in April 1992 through April 2002, is, to the best of the researcher's knowledge, the only study of its kind to date. Archival data was collected and analyzed for all of the 661 charges that resulted in referral to a LOMAP diversion program, involving 448 separate lawyers. ... It is worth noting that, while 14.2% of informal charges that resulted in diversion were filed against female lawyers, females make up 15.4% of those who successfully completed diversion and only 10.6% of those who failed to complete their terms of diversion. ... Based on the data collected and analyzed, there is a statistically significant difference in the number and severity of subsequent disciplinary charges between lawyers who have completed a LOMAP diversion program and those who have not completed such a program. ... Periodic research should be conducted to determine when diversion "graduates" are receiving additional charges, and LOMAP should offer management or other appropriate assistance. ... Sound management know-how and know-when, however, are the building blocks of good client service. ... State Bar of Arizona's Law Office Management Assistance Program (LOMAP) was established in April 1992 through April 2002, is, to the best of the researcher's knowledge, the only study of its kind to date. Archival data was collected and analyzed for all of the 661 charges that resulted in referral to a LOMAP diversion program, involving 448 separate lawyers. More than 100 variables were tracked. The researcher utilized several statistical procedures, including correlation and regression analysis, to determine outcomes of the program. The researcher also interviewed a number of people, including founders of LOMAP, a lawyer who represents other lawyers in disciplinary proceedings, and a former Chief Bar Counsel who has evaluated lawyer regulation systems in more than twenty states and two foreign countries.

Finnemore M. The faces of addiction: OSB members share their stories of dependency and addiction -- and recovery. The Oregon State Bar Bulletin 66(August/September): 17-, 2006. (0 refs.)

This article provides first person accounts of lawyers problems with alcohol and other drugs, with mention of factors that were involved in the person's use, the nature of problems created, the factors that prompted treatment and facilitate recovery. The role of the Oregon Attorney Assistance Program is noted.

Freeman J. Ethics Watch: Turning in impaired lawyers for misconduct. South Carolina Lawyer 15: 9-21, 2004. (43 legal refs.)

Consider the following findings -- Benjamin Sells, The Soul of the Law, 17 (1994) (substance abuse estimated to be tied to 70 percent of complaints against lawyers); Charles J. Santangelo & Donald W. Morrison, Alcohol Abuse on the Rise Among Lawyers, 209 N.Y.L.J. 5, 5 (1993) (claiming that in New York and California, 50 to 70 percent of all complaints against lawyers involve alcohol abuse); ABA Commission on Impaired Attorneys, An Overview of Lawyer Assistance Programs in the United States 1 (1991) (estimating that 40 to 75 percent of disciplinary complaints stem from alcohol, drugs or mental health problems); Muchogrosso, Oregon State Bar Professional Liability Fund, Profile of Legal Malpractice -- A Statistical Study of the Determinative Characteristics of the Lawyers' Professional Liability Fund (May 1981) (reporting that of 100 lawyers who entered Oregon's lawyer assistance program for alcohol or drug abuse therapy, 61 percent had disciplinary complaints and 60 percent had malpractice suits pending against them). In the face of overwhelming evidence linking lawyer impairment and ethical misconduct, the organized bar has started to speak openly about the ethical problems impairment presents. This column deals with ABA Formal Ethics Opinion 03-431, which considers lawyers' duty to report other members of the bar, outside the firm in which we practice, when a mental condition (such as alcoholism, drug addition, senility or mental illness) impairs the lawyer's ability to effectively represent a client. Questions examined are: How impairment is manifested; how impairment can be unethical; requirements for client consent; if there is a pre-reporting duty to consult with the offending lawyer; and what to do when in doubt.

Gallagher JC. Drugs, alcohol, mental health and the Vermont lawyer. Vermont Bar Journal & Law Digest 32(Spring): 5-6, 2006

This President's Column deals with alcohol and drug abuse among lawyers are scary. Data is provided on the rate of alcohol drug problems of lawyers compared to the general population, about 70 higher. It is noted that malpractice cases against lawyers are more frequent and the cost of liability insurance adds to the lawyer's ever-increasing overhead. The impact of lawyers' alcohol/drug impact on the profession and clients is noted. The state bars of California, Minnesota, and New Jersey estimate that two-thirds of disciplinary complaints in those states result from substance abuse. Data on malpractice are also provided. The Oregon Attorney Assistance Program, an offshoot of the Oregon State Bar Association, recently completed a ten-year study of fifty-five recovering attorneys, who had practiced at least five years before and after "their sobriety dates." In the five-year period before sobriety, the fifty-five lawyers suffered eighty-three malpractice claims. The incidence of malpractice claims dropped to twenty-one during the five years following sobriety. These statistics represented a 30 percent annual claim rate before sobriety and an 8 percent rate after. Interestingly, this 8 percent post-sobriety rate was dramatically lower than the average malpractice rate of all Oregon lawyers, 13.5 percent. At an average cost of $16,500 per malpractice case, the study concluded the bar saved $ 200,000 a year from the recovery program for this group. There is also discussion of efforts by the Vermont Bar Association to enhance its attorney assistance program.

Golick T; Lessem J. A law and social work clinical program for the elderly and disabled: Past and future challenges. Washington University Journal of Law & Policy 14: 183+, 2004. (35 refs.)

This article tells the story of our effort to establish an interdisciplinary law and social work program at Cardozo Bet Tzedek Legal Services ("CBT"), a law clinic at Benjamin N. Cardozo School of Law. ... Possibly a law student could have accomplished all of this without a social worker's help; there is even a small chance the client could have somehow, without any assistance, managed to get her act together sufficiently. ... The social work student helped the client establish a bank account so she could write checks rather than use costly check cashing services. ... For example, in a case where a client faced eviction because of a long-history of financial mismanagement and who urgently needed to obtain funds to keep her apartment, the social work student assigned to the case resisted making applications to the department of social services and other sources for emergency funds because she saw that kind of advocacy work as the law student's job. ... The caseload of each social work intern averaged between six and eight clients by the end of the academic year. ... We thought we could improve the program by including the social work students in the seminar. ... Although the law school provides extensive financial and other support to Bet Tzedek - including space, equipment, and legal and support staff - there has not been a comparable institutional commitment to the "social work" component of the program.

Langford CM. Why do lawyers need a general counsel? The changing structure of American law firms. Depression, substance abuse and illectural proprty lawyers. The University of Kansas Law Review 53(875-947), 2005. (354 legal refs.)

This report began as a review of existing research into the prevalence of substance abuse and depression among intellectual property lawyers. However, it eventually became clear that this type of research has never been done. There are many studies in circulation examining depression and substance abuse in the legal community in general (see Part II and Part III of this Article), but none have gone so far as to focus on this particular practice area. Parts II and III of this Article provide statistical information about lawyers in general. Part IV focuses specifically on the personality types of intellectual property attorneys. Part V is dedicated to analyzing the results of survey of intellectual property lawyers that was developed and distributed in connection with this project. It was conducted in order to expand the body of information about substance abuse and depression among intellectual property lawyers. Part VI of this Article reviews recent State Bar cases across the country that have involved some claim of chemical dependency or substance abuse by lawyers, usually offered as a mitigating factor. The final section of this report, Part VII, offers conclusions about the survey and provides recommendations for how the intellectual property community should move forward and use the information presented in this report.

Leis R; Rosenbloom D. Substance abuse and addiction in Family Courts: From addiction to abstinence. Maximzing the chances of success. Family Court Review 47(April): 274-282, 2009. (45 refs.)

People with alcohol or other drug problems face discriminatory public and private policies that restrict their access to appropriate health care, employment, and public benefits, discouraging them from seeking treatment, robbing them of hope for recovery, and costing society millions of dollars. Join Together, a project of Boston University School of Public Health, formed a national policy panel in the spring of 2002 to address this discrimination. The panelists developed the two principles and ten recommendations contained in this report, relying principally upon the written and oral testimony they received. Join Together was assisted in this effort by the American Bar Association's (ABA) Standing Committee on Substance Abuse, which facilitated the panel's initial hearing at the ABA's Annual Meeting in August 2002. Among the recommendations: Decisions involving the custodial status of children should be made in the best interests of a child based on what is happening in the home. Insurers should not be allowed to deny claims for the care of any injury sustained by an insured person if he or she was under the influence of alcohol or other drugs at the time of injury. ... Mandated treatment should include mandated ancillary services. All health care providers should be able to identify substance use disorders and refer people to appropriate treatment. Professionals, such as lawyers, judges, probation officers, and child welfare workers, who come into contact with people who may have alcohol or other drug disease should be trained to identify signs of abuse and know what to do next. Trained substance abuse counselors should receive special incentives to locate in rural areas. When confronted with potential or current employees' past alcohol or other drug use, employers should make decisions on whether the person is appropriate for employment based on the job requirements and the individual's health. State licensing boards for attorneys, physicians, and other professionals should not single out past alcohol or other drug use as a bar to licensing or a requirement for special restrictions any more than they would for past health-related conditions. People with drug convictions, but no current drug use, should face no obstacles to getting student loans, other grants, scholarships, or access to government training programs. Local housing authorities should develop balanced policies to help people with active drug or alcohol disease get treatment while protecting the safety of the other residents. Housing authorities should work with treatment providers in their community to establish a referral network or to bring services to housing complexes. People who are disabled as a result of their alcohol or other drug disease should be eligible for SSDI and SSI.

Levin J. Legal Ethics. The mentally impaired lawyer: What is our obligation to report. CBA Record 18: 54, 2004. (0 refs.)

Rule 1 of both the Illinois Rules of Professional Conduct and the ABA Model Rules state that a "lawyer shall provide competent representation to a client." Other Rules impose numerous obligations on lawyers in the context of their practice. Since lawyers are subject to the risk of illness, aging and substance abuse, a serious question arises when a lawyer becomes disabled or impaired and not able to provide competent representation. Each of us hopes that we will be enough aware of our own impairment to take appropriate action for the good of our clients and the profession. What, however, should we do if we know that another lawyer is impaired and unable to provide competent representation, and continues to practice? The ABA has recently promulgated two Formal Opinions addressing when mental impairment impacts on the lawyer's ability to function. The first is Formal Opinion 03-429 which discusses a lawyer's "Obligations With Respect to Mentally Impaired Lawyer in the Firm." This opinion states that: If a lawyer's mental impairment is known to partners in a law firm or a lawyer having direct supervisory authority over the impaired lawyer, steps must be taken that are designed to give reasonable assurance that such impairment will not result in breaches of the Model Rules. If the mental impairment of a lawyer has resulted in a violation of the Model Rules, an obligation may exist to report the violation to the appropriate professional authority. The Opinion continues to explain that the firm may have an obligation to discuss the circumstances of the change of responsibility with the client under Model Rule 1.4(b) which states: "A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation." The Opinion relies on Model Rules 16, and 5.1(a) and (b), in reaching its conclusion that a law firm has responsibility for lawyers within the firm who may suffer from a mental impairment. Rule 1.16 of both the ABA and the Illinois Rules provides: (a) A lawyer representing a client before a tribunal shall withdraw from employment (with permission of the tribunal if such permission is required), and a lawyer representing a client in other matters shall withdraw from employment, if: (2) the lawyer knows or reasonably should know that such continued employment will result in violation of these Rules; [or] (3) the lawyer's mental or physical condition renders it unreasonably difficult for the lawyer to carry out the employment effectively.

Rothstein L. Law students and lawyers with mental health and substance abuse problems: Protecting the public and the individual. University of Pittsburgh Law Review 69(3): 531-566, 2008. (82 legal refs.)

Summary: ... A joint task force of law school representatives, national legal education organizations, legal employers, and licensing and other agencies could help to address some of these issues. ... Part II of this Article provides an overview of the policies, practices, and procedures that affect individuals with mental health and substance abuse impairments at various stages of entering and continuing in the legal profession. ... Even if the criminal or other misconduct relates to a disability, it is probably legal to ask about misconduct. ... Individuals who have been working to encourage law students to use the services need to understand that even though the LAP programs refer to themselves as "confidential," the students may still be required to report that they sought counseling. ... In addition to clinical education (in which a faculty member and/or a practicing attorney have direct supervision of client contact), many law schools provide externships or other placement programs through which law students (under the supervision of a practicing attorney or judge and with direction from a faculty member) handle legal matters for real clients. ... The AALS Report noted that "the most effective lawyer assistance programs have implemented many or all of the ABA Commission's Guidelines . . . and emphasize three areas for action: education; assistance with diagnosis, intervention, and treatment; and assistance with aftercare and recovery."

Smith WC. Pass the bar, flunk rehab. ABA Journal 89(January): 18-19, 2003. (0 refs.)

This piece is part of the column entitled, "LawBeat News." Drawing upon anecdotal accounts of attorneys in treatment or with substance use treatment, it takes the position that traits which make people good lawyers --such as argumentativeness, workaholism, and egotism--may hinder their rehabilitation and recovery. Data is provided on the prevalence of alcohol and other drugs problems among those in the law profession. (NB. No sources are provided.) There is discussion of the ABA's Commission on Lawyer Assistance Programs, as well as the need for specialized treatment programs for lawyers versus their inclusion in treatment settings with a range of people.

Sweeney TJ; Myers DP; Molea J. Treatment for attorneys with substance related and co-occurring psychiatric disorders: Demographics and outcomes. Journal of Addictive Diseases 23(1): 55-64, 2004. (6 refs.)

The following paper is the result of a retrospective study of clinical case files of legal professionals treated for substance-related and co-occurring psychiatric disorders at a recovery center specializing in the care of impaired professionals. Attorneys traditionally differ from healthcare professionals in two important ways: first, they prematurely leave treatment in greater numbers, and second, they suffer a higher incidence of co-occurring psychiatric disorders. Sixty percent of the attorneys presented with concurrent psychiatric conditions (Axis I and Axis 11), compared to 46% of their healthcare colleagues. More than half of the lawyers treated had a prior history of criminal arrest. Sixty-four percent completed treatment compared to an 86% completion rate for medical professionals. The completion rate for lawyers improved significantly following institution of a dedicated impaired attorneys' program under the direction of an attorney/clinician in October of 1999. Prospective studies are needed to determine if attorneys are at greater risk of developing substance related and/or psychiatric disorders than are other professionals of similar demographic backgrounds and what specialized intervention, treatment, and case management services might be necessary to assure equivalent outcomes.

Voss JP. Pro bono profile. Helping lawyers, judges & law students: Lawyers' assistance program celebrates 25 years. Chicago Bar Association 19(October): 49-64, 2005

In early 1980s a small group of Illinois lawyers, including those who had struggled with their own addiction and found recovery, saw the impact of alcoholism in the legal community and wanted to help their colleagues. Thus began a powerful movement that led to the Lawyers' Assistance Program as an important resource in providing confidential help to those in the profession of law. Lawyers' Assistance Program has a three-fold mission: to protect clients from impaired lawyers and judges; to help lawyers, judges, law students, and their families with alcohol/drug addiction and mental health problems; and to educate the legal community about these issues. With the support of the Chicago Bar Association and the Illinois Bar Association, Lawyers' Assistance Program, Inc. was formed as a not-for-profit organization. LAP volunteers met with lawyers who needed assistance and provided intervention services to help those who did not realize they had a problem. Funding is now provided through $7 of annual lawyer registration fees. Now -- 25 years later -- Lawyers' Assistance Program offers a more comprehensive program addressesing mental health problems that range from stress and anxiety to depression, bipolar illness, and compulsive disorders, such as problem gambling. With a professional staff that coordinates its many volunteers, LAP provides professional assessment, peer assistance, referral to professional counseling and treatment programs, intervention, 12-step programs, facilitated support groups, and education. Confidentiality is a cornerstone of Lawyers' Assistance Program. All client interactions with LAP are held in strict confidence according to Supreme Court Rule 1.6. LAP serves lawyers, judges, and law students but has no link to the Attorney Registration and Disciplinary Commission or the Judicial Inquiry Board. It keeps no permanent records and only demographic statistics and information are made public.