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In 1988 the Board of Governors of the American Bar Association ("ABA") created the Commission on Impaired Attorneys to assist lawyers and judges whose lives and practices were
impacted negatively by the abuse of alcohol and/or drugs. In 1996 that name was changed to the Commission on Lawyer Assistance Programs ("CoLAP") to both remove the stigma
implied in the earlier name and to indicate the expanded role of the program to include lawyers and judges suffering from stress, depression and other mental health problems. (Statistical
information supporting the ABA's decision to announce this program is contained in an article on page 8 in this volume of the Utah Bar Journal.)
The ABA encouraged state
bars to create a similar program within their associations to provide the much needed service to members. CoLAP functions as the guiding resource to the state programs to better assist
the individual lawyer and judge in need. To assist the states, CoLAP has created a model Lawyer Assistance Program (LAP) for states to review and incorporate into their programs. CoLAP
encourages the state affiliate to function as a clearinghouse to elicit and arrange help from a network of available professionals who can confidentially advise and assist members of the
Bar to successfully deal with the debilitating issue(s) impacting them as well as to enhance their lives and practices in other ways. (See our web site at www.LawyersHelpingLawyers.org
for additional information.)
The Utah Bar Association ("the Bar") accepted the challenge from the ABA and organized a Bar Committee who identified themselves as the
Lawyers Helping Lawyers Committee ("LHL") to tackle this daunting task. Historically, the LHL Committee has been quietly active since the late '80s assisting lawyers, paralegals
and judges with addiction, substance abuse and issues affecting mental health. Since my involvement in 2001, I have heard numerous stories from judges and lawyers about the work the
various LHL Committees have accomplished over the years. The lives of numerous attorneys and judges have benefited tremendously from the good work and service this volunteer committee has
performed.
In 1990 the LHL Committee urged and obtained an amendment to Rule 8.3 of the Utah Rules of Professional Conduct specifically exempting LHL members from the duty to
report misconduct learned by them through their work with LHL. Accordingly, all contacts to LHL are completely confidential. Rule 8.3 and the commentary that follows the rule provides
that, when appropriate, members of the profession may choose to contact LHL as a practical alternative to meet their ethical obligation to report misconduct.
As a committee LHL was
as active as time permitted the particular committee volunteers to be. While great work was being accomplished by the committee, more needed to be done. In 2000 the committee approached
the Bar with its decision to reorganize as a not for profit corporation in an effort to enhance its ability to serve members in an unquestionably confidential and independent manner
separate and apart from the confines of the Bar. This option was further intended to bring itself more in line with the model LAP as recommended by the ABA. In 2001 the Bar responded and
provided a $20,000.00 grant to LHL to begin the process.
I was hired as a part-time director of LHL in August of 2001. In December of that year LHL sponsored its first annual, 3
hour, Ethics Seminar. 2001 was a heavy reporting year for CLE and on a Friday afternoon, at the Law and Justice Center, approximately 170 lawyers were in attendance. They were a captive
audience and we took advantage to educate the group about the purposes and justifications of LHL. Speakers Justice Matthew B. Durrant and then Bar President Scott Daniels spoke about LHL
and its relationship to professionalism. Our concluding speakers were a representative from CoLAP who discussed the national program and state responses and successes, and Dr. Lynn
Johnson who addressed the group on the topic of lawyers, judges and stress. He discussed recognizing stress in others and in ourselves and how to more effectively handle stress for more
enjoyable and rewarding lives and practices.
The response to the Seminar was positive, in two important ways. First, the reaction was very encouraging as lawyers and judges in
attendance seemed genuinely interested in receiving CLE credit for discussing quality of life issues. Second, and even more important, a number of phone calls requesting assistance were
received at LHL in the two weeks immediately following the seminar. Importantly, these two successes represent two of the important purposes that LHL, applying the CoLAP guidelines, has
established as program goals.
LHL's mandate from the ABA is to assist attorneys and judges in need to find suitable and appropriate professional guidance for the difficulties they
are experiencing. We attempt to accomplish this all important task by establishing a network of professional contacts in the community who are adept and available to work with lawyers and
judges in a confidential and competent fashion. Implicit in this mandate is the need for attorneys and judges to feel comfortable to contact LHL and request assistance knowing that their
inquiry will be dealt with in a completely confidential and professional manner.
Second, lawyers and judges must be able to recognize the debilitating effects of alcohol, drugs,
stress, depression and the like amongst their colleagues. Lawyers and judges must feel comfortable in making referrals to LHL knowing that both the contact they make with LHL and the
person in need will be respected and treated with complete confidentiality, independence and professionalism. This mandate dictates that LHL be very active in CLE programs involving
lawyers and judges to both educate about the serious debilitating nature of these problems and to create a trust in LHL so that members feel confident in their participation with LHL.
A closely related goal that the ABA and LHL recognize is the need to assist the efforts in place to upgrade professionalism within the Bar. Statistics demonstrate that a high
percentage of discipline cases occurring in most state Bars, and Utah is no exception, have addiction, substance abuse and mental health problems at their base or root cause. Oregon, for
example, recently conducted a study which verifies that an active LHL program saves the Bar literally hundreds of thousands of dollars each year. (This data is supplied in the second
article I've written elsewhere in this volume)
Said more simply, LHL is here to assist attorneys and judges directly and/or indirectly by means of arranging assistance or arranging
CLE opportunities. Additionally, LHL benefits the practice of law by importantly contributing to the protection of the public and to the continued improvement in the integrity and
reputation of the legal profession. Providing needed assistance to lawyers with impairment often prevents future ethical violations resulting in the reduction of disciplinary actions
against Bar members. To that end LHL has been active in traveling the state to speak with Bar sections and local Bar associations, as well as our state Bar's mid-year and annual
conventions. Most members who have attended these CLE's have noted positive comments and appreciated the important impact of discussing quality of life topics geared to give practical
advice to improve the enjoyment of our legal careers and our lives in general.
One such seminar occurred in early 2002 when LHL sponsored the lunch-time CLE for the Litigation
Section. LHL introduced Dr. Corydon Hammond from the University of Utah who addressed the group on reducing stress and relaxation exercises. Dr. Hammond spent about 20 minutes of his time
in a relaxation technique that lawyers and judges could utilize during the work day to more effectively deal with the stresses of the job. Some lawyers and judges participated by taking
the invitation from Dr. Hammond to lie on the floor; most just closed their eyes and relaxed in their chairs. Dr. Hammond then methodically walked us through a process, almost
hypnotic-like, which twenty minutes later left the group refreshed and with a new technique to employ on one of those days we too routinely encounter. One attendee noted that he had
fallen asleep in many a CLE, but never quite so rewardingly.
In December of 2002 LHL hosted three ABA CoLAP Commissioners who traveled to Utah to evaluate LHL as a program.
Involved with this evaluation were members of our Supreme Court, the Utah Court of Appeals, Bar leadership including both the then current Bar President John A. Adams, and Bar
President-Elect Debra Moore, Mr. Billy Walker and Mr. Colin Winchester from the Office of Professional Conduct and the Judicial Conduct Commission, respectively. Also participating were
numerous Bar Commissioners, the Dean of each law school within the state and several committee members of LHL. The evaluation resulted in the ABA's preparation of a 16 page report.
The results of that evaluation were analyzed by our Supreme Court and our Bar leadership and after much discussion the Commission Highlights of the June/July Volume of the Utah Bar Journal reported
acceptance by the Commission of most recommendations from the ABA. The Commission elected to fund the program to assure continued and stable operation of LHL on a full-time basis. This
decision will assure independent and confidential assistance to any Utah lawyer, judge, or paralegal whose professional or personal life might be impaired due to addiction, mental health
issues or substance abuse.
It is my personal belief that this decision to fund LHL full-time will, with time, be recognized as a courageous and responsive decision to the times in
which we live. This news is, in fact, historic. For years to come, lawyers and judges will receive a members' benefit that will be immeasurable in the savings of lives and law practices,
increased quality of services to clients and dollars gained through CLE education and savings in disciplinary costs. LHL both thanks and congratulates our Court and Bar leadership in this
decision.
Likewise, the ABA is pleased to move Utah from the minority of seven states without a full-time program to the group of state Bars forming a coalition to assist lawyers
and judges with practical and professional assistance with the debilitating problems facing many of us today.
Importantly, LHL has enjoyed an increase in contacts since moving even
to a part-time program. In not quite two years LHL has received 53 formal contacts. This number represents a significant increase from the numbers observed while structured as a committee
of the Bar. Those numbers represent actual individuals, members of the Utah Bar who have experienced struggles and reached out for assistance. Some have been serious. Some have been less
serious. There have been wonderful successes among these numbers. There are touching and promising works in progress represented by these numbers. Unfortunately, there are heartbreaking
failures included in these numbers, as well.
One such failure was the tragic suicide of an attorney, a husband and father, who took his life within a short time of his
court-ordered disbarment. LHL, regrettably, was unaware of his predicament until after his death. Frankly, there have been failures to maintain contacts with those needing assistance. I
apologize for those times we may have let someone down. The move from part-time to full-time will hopefully alleviate many of those failures and provide the more stable and consistent
program the ABA recommended and the Commission contemplates us to be. LHL is committed to our mission and we will strive to serve the members of the Bar the best we can.
Two final
thoughts: First, we need members of the Bar to help us succeed in our tasks. We need volunteers to be on our lists of available contacts to work with lawyers and judges who are
experiencing particular difficulties. If you have survived or are surviving a stress inducing experience and are willing to be available as a mentor or someone to talk to when that
event(s) happens to someone else, please contact LHL and offer your experience and compassion. Likewise, if you are experienced with recovery and able to confidentially assist someone who
has started down that road, please contact LHL and let us know of your availability to sponsor or take a call and discuss your recovery with someone who can benefit from your experience.
I share a quick story to establish the tremendous resources we have available to help those in need by looking within our Utah Bar. I recently presented an LHL program at the Law
and Justice Center to new lawyers attending a mandatory CLE. I extended the offer just made here and after the presentation I was approached by a lawyer who shared with me her willingness
to speak with and help others. She explained that she had just very recently lost a family member to suicide. As she explained what happened, she became a bit emotional as one might
imagine. As I stepped toward her offering my condolences a second lawyer standing near me also stepped forward. After apologizing for overhearing our conversation and interjecting, she
amazingly shared with us that she too had similarly lost a family member to suicide some time ago. The two left together talking about their experiences in common and I'm sure they have
spoken since then as well. Be that person; it was a beautiful moment to watch.
Finally, please read the stories and articles in this volume of the Utah Bar Journal. These
are true stories about Utah lawyers, paralegals, and judges. Some of them have elected to remain anonymous, but that fact does not detract from the powerful messages they provide us. We
face significant problems as members of the legal community and we need to be able to recognize them and talk openly with one another about them. Editors and Staff of the Utah Bar Journal should be commended for their support and their vision in featuring LHL in this volume.
Helpful Links
There are thousands of links on the Internet that can offer comfort, support and direction. Listed below are a few of the most common resources.
Alcoholics Anonymous:
http://www.alcoholics-anonymous.org/
Cocaine Anonymous:
http://www.ca.org/
Gamblers Anonymous:
http://www.gamblersanonymous.org/
Narcotics Anonymous:
http://www.na.org/
Overeaters Anonymous:
http://www.overeatersanonymous.org/
Nicotine Anonymous:
http://nicotine-anonymous.org/
Debtors Anonymous:
http://www.debtorsanonymous.org/
Recovering Couples Anonymous:
http://www.recovering-couples.org/
Sex Addiction:
http://www.sa.org/
Marijuana Anonymous:
http://www.marijuana-anonymous.org/
Co-Dependents Anonymous:
http://www.codependents.org/
Adult Children of Alcoholics:
http://www.adultchildren.org/
Internet Addiction:
http://alcoholism.about.com/library/weekly/aa990830.htm
Or: http://www.netaddiction.com/
Alanon:
http://www.al-anon.org/
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