Full Answer
Law firms are often reluctant to discuss substance abuse with their lawyers. The reason is not a malicious one, said Terry Harrell, a lawyer, substance abuse counselor and chairwoman of the A.B.A. Commission on Lawyers Assistance Programs. Law-firm leadership, she said, doesn’t really know what signs to look for when it comes to addiction.
Edward Flanders, managing partner in Pillsbury’s Manhattan office, said the firm was not aware of Ms. Smith’s substance abuse issues when she was there. Ms. Smith spoke about her experience to the firm’s New York City employees in March.
Real change, experts and recovering addicts say, needs to happen at the law-firm level, but that is complicated by an entrenched culture of privacy combined with an allegiance to billable hours. Ms. Smith, formerly of Pillsbury Winthrop, says she doesn’t know what her previous firm knew or didn’t know about her substance abuse.
Most poignantly, the lawyer kept working right up to the end. The last call he made from his cellphone, his ex-wife wrote, was to dial in to a work conference call, even though he was “vomiting, unable to sit up, slipping in and out of consciousness.”
The statistics on lawyers and alcohol abuse are grim, and well-known. More than a fifth of all lawyers are problem drinkers, according to last year’s joint report of the Hazelden Betty Ford Foundation and the American Bar Association Lawyers.
The statistically-robust report drew responses from 12,825 licensed and practicing lawyers from 19 states. But only 25 percent of respondents answered questions about drug use — out of fear of answering, according to the study’s lead author. Quoted in the NYT story, he said that “I think the incidence of drug use and abuse is significantly underreported,” because in contrast to alcohol use, drug use is illegal.
Some states, like my home state of Ohio, have moved away from a specific substance-abuse requirement; since rule amendments in 2014, many subjects qualify to meet our “professional conduct” CLE requirement, so a lawyer never needs to have any substance abuse CLE.
Under amended rules, Illinois lawyers are now required to take one hour of mental health and substance abuse CLE as part of their six-hour professional responsibility requirement. Both the directive to have at least some substance abuse training, and the size of the PR requirement are laudable.
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