Troubled Lawyers

LAWYERS ARE ESPECIALLY vulnerable to depression, alcoholism, drug addiction, or other kinds of emotional issues, according to mental health practitioners. There is no sure answer about the root cause: Is the prevalence of these problems due to the kind of independent, competitive people attracted to the legal profession, or is it because of the pressures, deadlines, and isolation that unfortunately can accompany the practice of law in the 21st century?

While various studies and surveys show an estimated 10 percent of the adult population is addicted to alcohol or drugs, for professionals—attorneys and judges in particular—the figure is considered to be closer to 20 percent, according to those working in the substance abuse field. "Attorneys are more prone to depression than [those in] any other vocational field," declared Betty Collins, program director of the Betty Ford Center’s Licensed Professionals Treatment Program, in a recent article in Highlights, the newsletter of the ABA Commission on Lawyers’ Assistance Programs. "Proud, independent persons who are not inclined to trust others, attorneys become isolated and alienated from friends, co-workers and others who can help them."

Even worse, some of the same traits that lead people to practice law become obstacles to seeking help. Egos, competitiveness and other coping mechanisms, which can help legal professionals survive despite their addictions or emotional problems, can block their success at overcoming these bur dens.

As they muddle through their professional lives, the damage caused by troubled attorneys and judges can be significant. Impaired lawyers not only affect themselves but their families, clients and the reputation of colleagues and their profession as well. Some studies have found that more than 60 percent of chemically dependent attorneys are facing either malpractice suits or disciplinary actions, or both.

The General Counsel to the Massachusetts Board of Bar Overseers, Michael Frederickson, says attorneys with addiction problems are commonplace among the ranks of the attorneys facing conduct charges in the Bay State. The misconduct of two or three lawyers in any one year account for the major share of client reimbursements paid by that state’s Client Security Fund, he says, adding: "Every year at least one of those is an addicted person."

In New Hampshire, as well as in many other states, the response that has eventually evolved relies heavily on support systems based on the support —and savvy —of peers.

As Collins of the Betty Ford Clinic puts it: "Professionals respond best in recovery when they must face the mirror of self.... Only another attorney can speak up and share with a peer that life in the legal field can go on effectively without both of them. Intellectual one-upmanship comes to a halt when professionals face peers who can confront their avoidance of personal pain through flaunting of vocation-specific language and intellectual feats."

The Lawyers Assistance Committee (LAC) is a Bar committee that provides trained, compassionate peer support for lawyers who are having difficulties coping with their personal or professional lives. Anyone can call the Lawyers’ Helpline at (603) 224-6060 to ask for help or to assist a colleague. The phone line is staffed 24-hours-a-day, seven-days-a-week by mental health professionals who make an initial screening to ensure that callers are not an immediate threat to themselves or others, and then refer calls to a LAC member for follow-up (see page 1 for related article).

Attorney John L. Tobin, the longtime LAC chair, said callers may speak freely to LAC members about their problems or concerns. LAC members are exempted by court rule from reporting any potential misconduct issues, and they are trained to help troubled individuals sort out what is bothering them, suggest resources, and help them consider their options. Tobin said contact with LAC is only the beginning of a process that Bar members can pursue to seek help.

Another group helping the NH legal community is New Hampshire Lawyers Concerned for Lawyers (LCL). Currently in its tenth year, LCL (unaffiliated with the Bar Association) is an informal group of lawyers and judges that meets once a month for support and encouragement for those working on recovery from substance abuse problems. Dinner meetings are held on the first Tuesday of every month at 6:15 p.m. at the Manchester Country Club in Bedford. All are welcome to attend. (The group’s next meeting is in October, and does not meet in January, July or August. The June meeting date is to be determined.)

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