GREENBERG TRAURIG, LLP ATTORNEYS AT LAW ©2011. All rights reserved. Under Pressure A Lawyer’s Guide to Maintaining Mental Health and Avoiding Substance Abuse Presenters: Ronald M. Schirtzer – Greenberg Traurig Mariana Whitmore Williams – Licensed Mental Health Counselor And National Board Certified Counselor and Coach

Review of Substance Abuse and Depression Statistics Regarding Lawyers  Attorneys are 60% more likely to suffer from substance abuse than the general population  Roughly 1 in 5 lawyers is addicted to alcohol  60-75% of all attorney disciplinary actions and malpractice claims are related to substance abuse  Studies show that Lawyer have the highest incidence of depression of any profession  Lawyers have the highest suicide rate of any profession

Bar Rules Dealing with Substance Abuse and Depression  Rule 1.16(2) of the Model Rules of Professional Conduct preclude a lawyer from undertaking or continuing representation of a client when the lawyer suffers from a mental condition that materially impairs his or her ability to represent the client

Bar Rules Dealing with Substance Abuse and Depression  State Bar rules also impose minimum competency requirements. Eg.- Rule 3-110, California Rules of Professional Conduct  “A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence.  Competence defined to include mental, emotional, and physical ability reasonably necessary for the performance of legal services

Bar Rules Dealing with Substance Abuse and Depression  Rule 8.3 of the Model Rules requires lawyers to inform the appropriate professional authorities of any other lawyer whom they know to have violated the Model Rules in such a way as to raise a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer  Similar reporting requirements can be found in Rule of the Florida Rules of Professional Conduct

Bar Rules Dealing with Substance Abuse and Depression  Pursuant to Bylaw of the Rules Regulating the Florida Bar the Florida Bar has established a lawyer assistance program for the identification and assistance of members who suffer from chemical dependency or psychological problems  Most other State Bars have similar lawyer assistance programs

The Florida Lawyers Assistance Program  The Florida Lawyers Assistance Program (fla- lap.org) provides peer support group meetings throughout the state for substance abuse and psychological issues, monitoring programs, and printed guidelines for self testing and recognizing the signs of substance abuse and psychological disorders in others  Copies of self tests for substance abuse and depression, and signs suggesting possible substance abuse problems in others are included in the handouts to this presentation.

Effective Strategies for Coping with Substance Abuse and Depression  Take Stock of what is going on in your life, and available outside help  You can’t solve these issues on your own. Seek out help from licensed professional, and follow their advise, including taking prescribed medications  Attend AA or NA meetings and find a sponsor you trust.  Contact the Lawyers Assistance Program for additional help and support. It is truly anonymous, and can save, not hurt your career.

Effective Strategies for Coping with Substance Abuse and Depression  Get a copy of the Big Book of AA or NA to help you understand the disease  Learn how to cope with stress. Take time away from work for yourself (exercise, vacations) on a regular basis  Alter your routine. Avoid pressure points that lead to problematic behavior  Talk to spouses, family, and partners. Involve them in your treatment and recovery  Know your rights. Depression and substance abuse are ADA protected conditions