Utah Bar Journal

The ABA model sets out the following four primary purposes for any LAP:

1. to assist lawyers, judges, and law students, or the legal community as defined by the LAP, in pursuing their recovery from chemical dependency or abuse, mental health, or physical issues;

2. to protect the interests of clients from harm that might result from lawyers impaired by substance abuse or dependency, physical or mental health conditions;

3. to educate the bench, bar, and law school community about the issues and concerns that negatively affect the legal profession; and

4. to develop programs that emphasize prevention of conditions that might negatively affect legal professionals or law students.

The ABA model envisions a program organized, in many cases, within the framework of the bar association or, in some cases, operating as an independent corporation with or without tax exempt status. The governing body is to be drawn from lawyer volunteers as well as from nonlawyers who may be experienced in the fields of substance abuse or mental health disorders. The governing body is to establish policies and procedures, provide advice, assist the program in achieving its goals, hire a director, and approve a budget.

A successful model LAP is remedial in nature, with a key feature being peer assistance involving lawyers and other professionals who are willing to serve as mentors and monitors for lawyers in crisis. In many cases, this will be all the assistance needed. In other cases, referral for professional help may be necessary. In all cases, the lawyer, judge, or law student is assured of complete confidentiality and a prompt response to any inquiry. Recognizing that denial plays a big part in many problems, the ABA model emphasizes the importance of education and outreach to help members of the professional community identify signs of impending crisis, e.g., decreasing effectiveness in practice, and to make the appropriate referral for assistance.

A strong volunteer network is a central feature of the ABA model. It encourages the development of a broad network of volunteers recruited from both recovering and nonrecovering members of the legal community as well as health care professionals knowledgeable in substance abuse and mental health issues. In order for that volunteer network to function effectively, the LAP must provide periodic training and education regarding LAP guidelines, policies, and procedures adopted by the program, bar rules, and written guidelines established by the director.

A highly qualified director to oversee the operation of the LAP is of paramount importance under the ABA model. Although personal experience with recovery is helpful, it is not mandatory. Among other things, the director must be skilled at maintaining current and varied information regarding community resources, including: self-help support groups, individual therapists and counselors, physicians, hospitals, and free-standing treatment programs. The commentaries to the ABA model emphasize the importance of allocating sufficient resources to the director’s salary and benefits to attract qualified individuals to the position.

The ABA model recognizes that the effectiveness of any LAP depends to a large extent on close cooperation with state and local bar organizations, courts, as well as the disciplinary office of the bar association. In most cases, participation in the LAP would be
voluntary, with contact initiated most often by the affected individual or by referral from a colleague, judge, family member, or friend. But the model also contemplates cases in which evaluation, treatment, or monitoring may be required by court order. One of the guiding principles reflected in the ABA model is that the disciplinary agency should create a system for referral to the LAP of those lawyers who may be assisted before disciplinary proceedings become necessary. Moreover, referral to the LAP to assess whether substance abuse or a mental health disorder is a mitigating factor in a complaint of misconduct may be appropriate. The ABA model suggests that the referred individual may accept participation in the LAP as a substitute for formal discipline or as a condition for reinstatement or admission to the bar.

Recognizing that fear of disclosure and discipline keeps many lawyers from contacting the LAP, the ABA model sets forth a number of practical approaches. The guarantee of confidentiality is of primary importance. This aspect of the program must be widely publicized. All potential contacts with the LAP should be assured that their communication with the program will not be forwarded to the disciplinary office. Another practical step is to locate LAP offices outside the state bar offices. If this is not possible, the ABA model recommends that the office not be in a main area of the building and that the director meet with contacts outside the building.

The Utah LHL program has adhered closely to the guiding principles set out in the ABA model. The success LHL has had can be largely attributed to this approach. From the outset its operations have been governed by a committed group of volunteer attorneys who have willingly offered their time and talent to assure that the highest quality service is available to lawyers in need of help. Those who have contacted LHL have received prompt, professional care with the assurance of complete confidentiality. Although currently without a director, the functions of the program continue under the able assistance of a part time administrator and a dedicated board. LHL looks forward to continuing its service to the legal community as a program that reflects the principles of a model ABA program.

1. The ABA model can be found at www.abanet.org/legalservices/colap