Lawyer Assistance Program

Maryland Bar Center
520 West Fayette Street
Baltimore, MD 21201

Jim Quinn
Director

1-800-492-1964
410.685.7878 ext.3041
Direct Line: 443-703-3041
jquinn@msba.org

Lisa Caplan, LCSW-C, CAC
Lawyers Assistance Program Counselor
1-800-492-1964
410.685.7878 ext.3042
Direct Line: 443-703-3042
lcaplan@msba.org

Honorable William G. Simmons
Lawyer Assistance Committee Chair
301-279-1540

 


ARTICLES


Maryland Lawyers Are Not Alone
By: Carol P. Waldhauser

Lawyer #1 is a winner in court. He is a winner with his family. Nonetheless, he is giving up on life.

Lawyer #2 is an excellent partner. She is a great parent, too! However, she is also a closet alcoholic.

Lawyer #3 is a fair and reasonable administrative judge. He is involved in his community. Unfortunately, he suffers from anxiety and is self-medicating his fears with prescription painkillers.

This month's column in the Maryland State Bar Bulletin highlights the issues that the MSBA'S Lawyer Assistance Program (LAP) sees and hears about on a daily basis: chemical dependency; alcoholism, depression, death, suicide; stress; burnout; life changes; grief and other issues regarding adulthood and aging. So, why write about it?

Because lawyers spend most of their time dealing with other people's problems and often ignore their own. The day-to-day pressures and deadlines of practice, coupled with the ongoing responsibilities of life itself, can and often does manifest into acute difficulties such as: anxiety, depression or chemical and alcohol dependency.

Studies over the past several years confirm that lawyers experience a high rate of depression, chemical dependency and 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 dependency and alcoholism. With approximately 20,0000 lawyers licensed in the state, and more graduating from law school every year, that means that potentially 3,600 individuals are dealing with, or will deal with, these issues at some time in their law career.

Consider 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 alienation, isolation and depression, and in fact, top the list in incidences of major stress and depression among the various professions. Indeed, the number of calls to the MSBA'S Lawyer Assistance Program relating to mental health issues among lawyers has increased substantially within the past three years.

Generally, these diseases are treatable; and recoveries are a reality. That is why, person by person, the MSBA'S Lawyer Assistance Program has reached out to help more than 1,500 lawyers and law students suffering with such diseases.

The MSBA'S Lawyer Assistance Program knows that being a lawyer takes stamina, both physically and mentally. It is all to clear that a lawyer is a representative of clients, an officer of the court systems, and a public citizen having a special responsibility for the equality of justice. More importantly, however, the MSBA'S Lawyer Assistance Program realizes that lawyers are human and, as such, experience human emotional problems.

By identifying the problem, 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 health problems. Together, The Maryland State Bar Association, The Lawyer Assistance Committee and the LAP Staff are committed in developing and maintaining effective problem solving for the individual and to create a workplace atmosphere that encourages profession growth and excellence.

On the other hand, you may think you can practice law successfully if you have these problems, but statistics prove otherwise: a large percentage of all lawyer discipline cases involves alcohol and/or drug addiction, with mental health problems accounting for a significant percentage of the remainder.

In fact, The MSBA'S Lawyer Assistance Program (LAP) was created to address these concerns. The Lawyer Assistance Program is a member service of the Maryland State Bar which provides information and confidential, meaningful assistance to judges, lawyers, law students and their families.

Because of the sensitive nature of addiction and psychological problems, lawyers who may be in need of help are often very reluctant to seek that assistance. Recognizing this concern and in order to foster early and confidential contact with the MSBA'S Lawyer Assistance Program, the program is recognized by the Maryland Court of Appeals:

The Lawyer Assistance Program (f/k/a: 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: l. 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. " The Maryland Annotated Code, Business Occupations and Professions", Sec. 10-502 (a) Definitions.

Furthermore, and in addition to the trained staff, the backbone of the Lawyer Assistance Program is a network of over 300 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 Lawyer Assistance Program, the Director and the Program Administrator/Assistant Director, to assist their peers in all areas of their recovery. The new Chair of the Committee is Charles E. Kountz, Esquire who has been a practicing attorney for more than 30 years.

Among the services, which LAP can offer to an impaired judge, lawyer, law student or support person is:

  • Assessment and Referral: A trained member of the LAP staff will meet with the attorney either at the LAP office (Maryland Bar Center, 520 W. Fayette Street, Baltimore, Maryland) or off-site, to evaluate the problem and recommend available treatment and rehabilitation options.
  • 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 deal with the rehabilitation.
  • 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's and schools to educate members of those entities concerning attorney impairment and recovery. In addition, LAP makes regular presentations at the law schools through the state regarding stress management, anger management, addiction, etc.
  • Structured Rehabilitation Program: In cases involving attorney discipline or admissions 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.

Perhaps most importantly you sitting in your office reading this issue of the Maryland Bar Bulletin will be more willing to pick up the phone and call the MSBA'S Lawyer Assistance Program ( (410) 685-3993 or (410)-685-7878 or 1-800-492-1964 and ask for Ex. 251 (Richard Vincent) or 252 (Carol P. Waldhauser) if you are concerned about yourself or another lawyer (judge, law student or staff person).

Remember, Maryland lawyers, judges law students and staff don't have to face their problems alone. Moreover, each call serves to chip away at the stigma associated with these diseases that often works to keep lawyers sick and isolated from support and assistance. For more information call Carol P. Waldhauser, Program Administrator, (410) 685-7878 Ex. 252 or email her at cwaldhauser@msba.org, plus visit our WEB PAGE at www.msba.org, click on "departments" then click on "Lawyer Assistance Program"