When a Colleague Struggles: Navigating Ethical Dilemmas Around Impairment

Course Description

“I think he drinks too much – but he’s, my boss!”

“She’s the firm’s rainmaker, but something isn’t right.”

“What will happen to our reputation if our clients find out he’s in a mental health facility?”

“I don’t want to interfere. She’s been through enough already.”

Sound familiar?

These issues are becoming more common as the prevalence rates for impairment due to substance and alcohol misuse, stress, anxiety and depression continue to rise. One out of three lawyers will require some form of treatment for these issues in their careers. Despite these startling statistics, the fear of asking for help remains. Many believe it is the very culture which has been created in the legal profession that has lent itself to the notion that overwork remains the norm and seeking assistance is a sign of weakness.

Do I say something or remain silent? What will happen under either scenario? Have we become enablers who simply sweep problems “under the rug” and hope for the best or are we going to be proactive members of a profession that impacts society every day?

Syllabus

1. The ethical dilemmas that can occur when a colleague, a supervisor or a subordinate exhibits sign of distress or impairment
2. The duty to report misconduct as set forth in the Rules of Professional Conduct
3. The responsibilities imposed by the Rules of Professional Conduct upon both supervisory and subordinate attorneys for the misconduct of attorneys and staff members
4. The harm that can occur to all parties by “looking the other way” or ignoring new bad behaviors because it’s “none of my business.”
5. The stigma that surrounds substance misuse and mental health issues in the legal profession
6. The free resources that Lawyers Assistance programs provide to help lawyers, judges, their families and law students