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| Bar Bulletin |
May,
2003 |
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LAP Zone |
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LAP In A Nutshell
By
Carol P. Waldhauser
Attorney #1 feels
as though she is swimming in a circle, slowly going under. Attorney #2 is
using cocaine. His life is out of control, and he needs help. Attorney #3
just lost his brother to a freak accident and is now the primary care
giver to his aging parents. How do these attorneys handle such stressful
life-events while maintaining their practice? They all found assistance in
the LAP Zone.
The MSBA’s Lawyer
Assistance Program (LAP) sees and hears stories like these daily, as well
as others dealing with such issues as life changes, depression,
alcohol/chemical abuse, alcohol/chemical dependence and other problems
regarding adulthood and aging. In a nutshell, LAP is a confidential
service that provides information and meaningful assistance to judges,
lawyers, law students, staff and families within the state’s legal
community.
Actually, the
MSBA’s Lawyer Assistance Program is the equivalent of an Employee
Assistance Program that you might find in large corporations or private
companies. The only difference is that this Program is designed
specifically for Maryland’s legal community and offers peer support.
Employee Assistance Programs began approximately 30 years ago and today
have become commonplace in work organizations, similar to vacation and 401
(k) plans. More than 90 percent of Fortune 500 companies provide EAPs to
their employees and surveys show that as many as two-thirds of
medium-sized firms offer them as well. The U.S. Department of Labor, the
Society for Human Resource Management and numerous other agencies and
organizations promote EAPs, not only as a means of assisting workers with
alcohol and drug issues but also to help maximize workforce performance
and productivity.
Similarly, studies
over the past several years confirm that lawyers experience a high rate of
depression, chemical dependency and abuse, as well as other psychological,
behavioral and physical symptoms that may be related to the stress of
practicing law. It is estimated that at least 18 percent of lawyers may be
dealing with the issues of chemical dependence. Other studies indicate
that 70 percent of today’s lawyers will at some time in their career
experience problems with substance abuse and/or dependence.
Considering also
the incidence of depression among lawyers, studies suggest that lawyers
suffer from elevated feelings of psychological distress, including
feelings of inadequacy, inferiority, anxiety, social alimentation,
isolation and depression. In fact, the legal profession tops the list of
various professions in incidences of major stress and depression.
Generally, these
diseases are treatable, and recoveries are a reality. Fortunately, the
Maryland State Bar Association, the courts and the Attorney Grievance
Commission of Maryland realized early on that the legal profession is at
high risk for certain diseases and treatment that works. Thus, the MSBA
created a standing committee in 1981 to offer strong, confidential
support to the legal profession. Ultimately, a peer committee, together
with a paid professional staff, formed the MSBA’s Lawyer Assistance
Program.
By identifying the
problems, facilitating treatment and supporting in recovery, the MSBA’S
Lawyer Assistance Program fulfils its mission:
To enhance the
quality of life of those working in the legal community by delivering
education and assistance on mental/emotional, drug, alcohol, family,
health and other personal and/or physical health problems. Together, the
Maryland State Bar Association, the Lawyer Assistance Committee and the
Professional Staff (including the Director, Assistant Director and
Confidential Administrative Assistant) are committed in developing and
maintaining effective problem solving for the individual and to create a
workplace atmosphere that encourages professional growth and excellence.
Person by person,
the MSBA’s Lawyer Assistance Program has reached out to help more than
2,000 legal professionals including, but not limited to judges, lawyers,
law students and legal staff suffering with such diseases.
Because of the
sensitive nature of addiction and psychological problems, however, lawyers
who may be in need of help are often very reluctant to seek it. In order
to foster early and confidential contact with the MSBA’s Lawyer
Assistance Program, the Maryland Court of Appeals acknowledges the work of
the Program:
According to The
Maryland Annotated Code, Business Occupations and Professions, Section
10-502 (a) Definitions, the Lawyer Assistance Program (formerly known as:
Lawyer Counseling Committee):
…means a group
of individuals that (I) is recognized by the Court of Appeals; (II) is a
standing committee of the Maryland State Bar Association, or of a local
bar association; (III) consists of lawyers and other individuals necessary
to carry out the function of the committee; and (IV) evaluates and helps a
lawyer in need of treatment and rehabilitation for 1) substance abuse, or
2) any other physical, emotional or mental condition that adversely
affects the ability of the lawyer to practice law in accordance with the
rules adopted by the Court of Appeals.
In addition to the
trained staff, the backbone of the MSBA’s Lawyer Assistance Program is a
network of over 100 attorneys who have volunteered their time and services
to help a lawyer in need. These volunteers stand ready to assist the
trained office staff of the Program, the Director and Assistant Director
to assist their peers in all areas of their recovery.
Services provided
by the MSBA’s Lawyer Assistance Program include:
- Assessment
and referral: a trained member of the LAP staff will meet with the
attorney either at the Maryland Bar Center
or off-site to evaluate the problem and recommend available treatment.
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Interventions: In appropriate situations, a member of the staff
and/or committee will plan, rehearse and facilitate a formal
intervention to assist an impaired attorney.
- Peer Support
Network: The attorney in need of assistance will be paired with a
lawyer in their area as their mentor and to help them cope.
- Attorney
Support Meetings: LAP sponsors weekly and monthly meetings where
attorneys help each other deal with the problems and stresses of
practicing law.
- Education and
Prevention: LAP works with law firms, the courts, local Bar
Associations and Law Schools to
educate members of those entities concerning attorney risk factors.
- Structured
Rehabilitation Program: In cases involving attorney discipline or
admission problems, LAP will implement a structured rehabilitation
program which can document an attorney’s or law student’s recovery. The
Attorney Grievance Commission and/or the Board of Law Examiners will
often consider such evidence of recovery when determining discipline or
recommendations for admission.
If you are
concerned about yourself or another lawyer (judge, law student, staff or
family member), pick up the phone and call the MSBA’s Lawyer Assistance
Program at (410) 685-7878 or (800) 492-1964 and ask for Richard B.
Vincent, Director, ext. 251, or Carol P. Waldhauser, Assistant Director,
ext. 252, or e-mail
cwaldhauser@msba.org.
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