Transcript Pre-conf Substance A.. - CHILD SUPPORT DIRECTORS

Addiction & Substance
Abuse:
Attorney Information
and Resources
John Cardoza
VCDCSS
We Work in a Stressful
Profession

Lawyers are 3.6 times more likely
than other workers to suffer from
depression due to the unique
stressors that accompany the legal
environment.
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Amy O’Keefe California Lawyer citing(Amiram Elwork, Stress
Management for Lawyers (The Vorkell Group, 2d ed., 1997), 15.)
We Work in a Stressful
Profession
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One study found that lawyers are particularly
subject to psychological distress, which can
manifest in a variety of counterproductive
actions and impairments.
The resultant stress directly relates to the
fact that 9.20% of lawyers exceed expected
norms for current alcohol-related
problems.
Even more alarming, the data suggests “that
nearly 70% of lawyers are likely candidates
for alcohol-related problems at some time
within the duration of their legal careers.”
Stress and Substance Abuse
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Studies place the overall United
States population's rate of alcoholism
at between ten and thirteen percent
of adults. Lawyers have been found,
however, to suffer from alcoholism
and substance abuse at a rate at
least twice as high as the general
population.
Bailly “Impairment, the Profession and Your Law Partner,”
Stress and Substance Abuse

One of every 10 legal professionals will
deal with an addictive disorder (drugs,
alcohol, gambling, sex, work, food) during
their professional career - some estimates
put it as high as 20%. Another 33% of
professionals will experience either shortterm or chronic symptoms of depression or
stress.

(The ABA Commission on Lawyer Assistance Programs
August 2001)
Stress and Substance Abuse
 Lawyers
have now surpassed
dentists for having the highest
incidence of depression—up
to 37 percent.
(1990 Johns Hopkins Study of 12,000 people in 103 professions.)
Stress and Substance
Abuse—The Cost

Studies done by the Washington
State Bar and the Oregon State Bar
found that over half of their
disciplinary cases are caused by
these impairments. Data from Florida
cases support this finding.
Stress and Substance
Abuse—The Cost
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In California:
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42 percent of the disciplinary court’s
active caseload now involves
attorneys with chemical dependency
or mental health issues.
(California Lawyers Assistance Program Newsletter, Winter. 2006)
We Arte Not Immune
Popular
Misconceptions
(From the ABA Standing Committee on
Substance Abuse & The ABA Commission
on Lawyer Assistance Programs August
2001)
Popular Misconceptions
■ I'm just a recreational user/drinker.
That won't hurt me.
✷
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The use of drugs and alcohol can result in
devastating physical damage.
Marijuana can cause lung cancer; cocaine can
cause strokes and heart attacks; heroin use can
result in mental disorders, death from respiratory
collapse, infection and AIDS if needles are shared;
alcohol use is known to cause cirrhosis of the liver,
cancer, heart disease, brain damage, loss of
memory and impaired muscle coordination;
amphetamine use can result in strokes and mental
disorders; and barbiturates can cause death from
respiratory collapse.
Popular Misconceptions
■ Drug use is a private matter. It is
none of the Bar's business what I
do on my own time.

Drug use affects performance. Most
drugs continue to affect the user for
24 hours after use. Thus, many users
report to work still under the
influence, even if they are not "using"
on work time.
Popular Misconceptions
■ I can't be an alcoholic; I still make
it to work every day.

Most alcoholics can maintain a home
and a job for extensive periods, but
as the illness progresses, all aspects
of their life suffer. Only a small
percentage of alcoholics are on "skid
row."
Popular Misconceptions
■ “I don't know any alcoholics”.

About one of every ten people that
drink has a drinking problem.
Popular Misconceptions
■ You're not an alcoholic unless you
drink a pint a day.

Experts have concluded that the
quantity consumed is far less
important than when, how, why and
what happens to an individual when
he or she consumes alcohol.
Popular Misconceptions
■ Most alcoholics are middle-aged or
older.

A University of California research
team has found that the highest
proportion of drinking problems occur
among men in their early 20's,
followed by men in their 40's and
50's.
Popular Misconceptions
■ Alcoholics and drug addicts are
morally weak.

Addiction has been medically and
legally classified as an illness. Saying
an addict is morally weak is the same
as saying that having diabetes is a
question of willpower.
Popular Misconceptions

Alcoholics drink every day.
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Alcoholism is not determined by how
often people drink, but by whether or
not they can control their drinking
once they start.
Popular Misconceptions
■ You can't become an alcoholic by
drinking only beer.

People who drink beer simply have to
drink larger quantities to get the same
effect as with wine or distilled spirits.
The amount of alcohol in a 12 ounce
beer is equal to that in a six ounce
glass of wine or a one ounce shot of
80 proof alcohol.
Popular Misconceptions
■ “Pills are okay; everybody takes
them. Besides, a doctor wrote the
prescription.”

Addiction to prescription drugs can be as
deadly as any other. Withdrawal from
barbiturates can be fatal. Withdrawal
from tranquilizers such as Valium or
Xanax can take up to two years…
Popular Misconceptions
■ “Pills are okay” (Continued)

Unfortunately, most physicians receive
little or no training regarding chemical
dependency in medical school and
consequently are often sadly unfamiliar
with the signs, effects and prescribing
protocols used for addicts and
alcoholics.
Popular Misconceptions
■ Getting out of depression is just a
matter of time and right thinking.

Although it is true that some depression
is situational (caused by circumstances
that are sad or painful) and will pass
with time, clinical depression is a
biochemical illness which has little
relationship to external circumstances
and will only respond to treatment and
proper medication.
Popular Misconceptions
■ “Stress is just part of practicing
law.”
While the practice of law is an
increasingly stressful profession,
different individuals react differently to
that stress.
 Some understand how to ameliorate or
utilize the stress, while others become
increasingly debilitated, hostile and
eventually paralyzed by the pressure.

Popular Misconceptions
■ “Stress is just part of practicing
law.” (Continued)

Factors contributing to an individual’s
response include training, brain
chemistry, personality or life style.
Signs & Symptoms of
Chemical Dependency
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What You see…
What other People see…
(From the Florida Lawyer’s Assistance Program; G. Douglas
Talbott, M.D. and Linda R. Crosby, MSN
Talbott Recovery Campus, Atlanta, GA)
Signs & Symptoms of Chemical Dependency
■ Family Impact:
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Withdrawal from activities
Frequent absences
Frequent arguments; child/spousal abuse
Family members display codependent
behaviors
Children engage in abnormal, antisocial, or
illegal activities
Sexual problems (impotence, affair)
Separation/divorce (initiated by spouse)
Signs & Symptoms of
Chemical Dependency
■ Physical Symptoms
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Multiple complaints
Increased use of prescription medication
Increased hospitalizations
Frequent visits to physicians, dentists
Personal hygiene, dress deteriorate
Accidents, trauma, ER visits
Serious emotional crisis
Signs & Symptoms of
Chemical Dependency
■ Relationships and Community
Impacted
Decrease in community affairs
 Change of friends, acquaintances
 Drunk & disorderly, DUI arrests
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Signs & Symptoms of
Chemical Dependency
■ Relationships and Community
Impacted (Continued)
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Loss of confidence in attorney by
community leaders
Involvement with place of worship changes
Sexual promiscuity
Isolation from support systems
Signs & Symptoms of
Chemical Dependency
■ In the Office…
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Disorganized appointment schedule
Hostile behavior to staff and clients
"Locked door" syndrome (using at work)
Borrowing money from co-workers, staff
Frequently sick
Clients begin to complain to associates,
staff
Frequent unexplained absences
Signs & Symptoms of
Chemical Dependency
■ Professional Behavior
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Inappropriate behavior, moods
Decreasing quality of performance
Inappropriate pleadings, decisions
Co-workers and staff "gossip" about
changes in behavior
Malpractice and disciplinary claims
Missed hearings, appointments,
depositions
Loss of clients, practice, respect
20 Questions…
Of Alcohol/Drug Abuse*
 Do you lose time from work due to
drinking/using?
 Is drinking/using making your home life
unhappy?
 Do you drink/use because you are shy
with other people?
 Is drinking/using affecting your reputation?
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*Source California State Bar
20 Questions…
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Have you ever felt remorse after
drinking/using?
Have you had financial difficulties as a
result of drinking/using?
Do you turn to inferior companions and
environments when drinking/using?
Does your drinking/using make you
careless of your family’s welfare?
Has your ambition decreased since
drinking/using?
20 Questions…
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Do you crave a drink/drug at a definite
time of day?
Do you want a drink/drug the next
morning?
Does drinking/using cause you to have
difficulty sleeping?
Has your efficiency decreased since
drinking/using?
Is drinking/using jeopardizing your job or
business?
20 Questions…
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Do you drink/use to escape worries or
trouble?
Do you drink/use alone?
Have you ever had a loss of memory as a
result of drinking/using?
Has your physician ever treated you for
drinking/using?
Do you drink/use to build up self-confidence?
Have you ever been to a hospital or institution
(jail, etc.) because of drinking/using?
20 Questions…
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If you answered YES to any one of these
questions, there is a DEFINITE WARNING
that you have a problem with
alcohol/drugs.
If you answered YES to any two of these
questions, the CHANCES ARE that you
have a problem with alcohol/drugs.
If you answered YES to three or more of
these questions, you DEFINITELY have a
problem with alcohol/drugs.
Getting Help
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The State Bar of California’s Lawyer
Assistance Program
www.calbar.ca.gov

Go to Attorney Resources & click on
Lawyer Assistance Program hyperlink
The CalBar Layers Assistance
Program (LAP)
The CalBar Layers Assistance
Program (LAP)

There are three main components to
the program, all of which are strictly
confidential:
The CalBar Layers Assistance
Program (LAP)
■ Short-term Counseling
✷
When you call 800-341-0572 a LAP
consultant will be available to answer your
questions and address your concerns
about any personal problem negatively
impacting your work performance.
The CalBar Layers Assistance
Program (LAP)
■ Short-term Counseling, con’t.
 The
consultant can arrange up to
three free counseling sessions
for you with a professional in
your area who specializes in
assisting attorneys with personal
impairments.
The CalBar Layers Assistance
Program (LAP)
■ Career Counseling

If you are experiencing any challenges
with your career, call 800-341-0572 and
a LAP consultant can arrange up to
three free counseling sessions with a
career counselor who specializes in
assisting attorneys who wish to make a
positive career change
The CalBar Layers Assistance
Program (LAP)
■ Supportive Recovery Program
✷ Any
attorney challenged with
substance abuse or mental illness
should contact the Lawyer Assistance
Program at 877-LAP 4 HELP (877527-4435), to gain extensive support
and expert guidance with recovery
efforts.
The CalBar Layers Assistance
Program (LAP)
■ Supportive Recovery Program,
con’t.

This program offers long-term
structure and peer support. Attorneys
may self-refer into this program or
may be referred as the result of an
investigation or disciplinary
proceeding.
The CalBar Lawyers Assistance
Program (LAP)
Frequently Asked
Questions…
The CalBar Lawyers Assistance
Program (LAP)
■ What guarantees do I have that my
participation in the LAP will be kept
confidential?
 Business & Professions Code
§ 6232(d) :
 “…Confidentiality pursuant to this
subdivision shall be absolute
unless waived by the attorney .”
The CalBar Lawyers Assistance
Program (LAP)
■ What is expected of the attorney
while in the Lawyer Assistance
Program?
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Some common recommendations are:
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Attend several AA, CA, NA or other self-help
group meetings each week (for those with
substance abuse disorders) or attend therapy
sessions (for those with mental health disorders).
Attend LAP group meetings each week.
Abstain from all drugs including alcohol.
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The CalBar Lawyers Assistance
Program (LAP)
■ What is expected of the attorney
while in the Lawyer Assistance
Program? (Continued)
Meet with the Evaluation Committee
periodically.
 Maintain regular contact with a Case
Manager.
 Participate in lab testing on a random
basis (typically for those with substance
abuse disorders).
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The Alternative Discipline
Program (ADP)
■ Are the LAP and the ADP the
same?

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The ADP is the State Bar Court's Alternative
Discipline Program for attorneys with
substance abuse or mental health issues.
The ADP is only for attorneys who have
disciplinary matters currently pending in State
Bar Court. In order to be eligible for the ADP,
attorneys must be enrolled in the LAP.
Additional information about the ADP can be
found on the State Bar's Web site.
The CalBar Lawyers Assistance
Program (LAP)
■ How are LAP group meetings different
from self-help group meetings like The
Other Bar, and why do I need to participate
in both?
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LAP groups are an important adjunct to the
recovery process, rather than a substitute
for participation in self-help programs.
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Participation in self-help recovery
groups is an essential element of
recovery for many people.
The Other Bar
■ What is “The Other Bar”?
 The Other Bar is 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.
■ What is “The Other Bar”?

It is a private, non-profit corporation
and is founded on the principle of
anonymity and provides services in
strict confidentiality. The program is
voluntary and open to all California
lawyers, judges and law students.
Contact “The Other Bar”
http://www.otherbar.org/about.html
 The Other Bar is most easily reached
through its consultants by dialing their
confidential hotline or using its
confidential email access system.
 Telephone : 1-800-222-0767
 Email : [email protected]

The CalBar Lawyers Assistance
Program (LAP)
■ How can I obtain additional
information about the Lawyer
Assistance Program?
Cal Bar Website
 Call 877-LAP 4 HELP (877-527-4435)
or e-mail [email protected]. All calls
are confidential

Questions?