When the Impaired Lawyer Comes to Work

Addiction knows no socioeconomic boundaries. In fact, attorneys have a higher addiction rate than the general population. Studies show that at least 10% of attorneys have some substance abuse problem. Some studies suggest the number may be as high as 15%.

While addiction may know no boundaries, impaired attorneys create special challenges. Attorneys may be more resistant to change because of the fear of losing control (even when they are already out of control). They also often have more difficulty asking for help.

However, we cannot be afraid to confront them. Because of their positions, they can wreak havoc. Substance abuse is one of the top causes of malpractice. Further, attorneys who abuse substances often abuse the staff who work for them, exposing the employer to employment claims.

Yet, confronting professionals is not risk free either. The ADA makes direct confrontations of lawyers (who are employees) dicey. Ironically, the "regarded as" prong of the ADA may be used to challenge kind-hearted and factually-accurate interventions.

This program focuses on the persistent problem of substance abuse in our profession and how to balance the various rights and risks. The program discusses some of the more salient issues from 3 perspectives: the employer or law firm, the impaired attorney and by-standers who may want to help but are not sure what to do. Ethical issues that surround workplace substance also are explored.

Learning Objectives:

I.     Appreciate the scope and impact of the problem of substance abuse in the legal profession

II.    Understand the rights, risks, and responsibilities of firms and other employers in addressing actual or potential abuse

III.   Develop strategies for getting help, or for helping a colleague get help