Over 16 years ago, I was shocked the first time I became aware that a physician with whom I was working was an alcoholic. Another physician asked me about his behavior during the performance of a surgery, and whether his breath smelled of alcohol. For some reason, I had the impression that physicians were somehow shielded from susceptibility to substance abuse. Now, I realize that physicians, lawyers, and all professionals are subject to the same life struggles–there is nothing special about who we are or what it takes to become a high-powered professional that prevents us from turning to substance abuse. In fact, perhaps we are uniquely susceptible due to the stress, long hours, and the constant demands of high-powered careers. This post arises from Professor Bassett's comment that lawyers may be predisposed to substance issues and DUIs, and along the theme of depressing topics! While one might think or hope that physicians and surgeons are far less susceptible to these issues, unfortunately that simply is not the case! I can think off the top of my head of three physicians throughout my career thus far that I have worked directly with who are alcoholics, and two who have cocaine abuse disorder.
Now, when I see enough behavioral cues in an individual that could best be explained by substance abuse, I assume this may very well be the case. In learning the Model Rules of Professional Conduct, Rule 8.3(a) states "A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects must inform the appropriate professional authority." While this rule exists, I suspect given the social difficulty associated with reporting a possibly impaired lawyer, such reporting is seldom done when a lawyer is aware that another lawyer has a substance abuse disorder. Even once such a professional seeks help and successfully completes rehabilitation, the disorder does not go away, and each day afterwards is a struggle to against the addiction. Statistically, relapse rates, are unfortunately disturbingly high.
Wow, this is a powerful and eye-opening perspective on substance abuse among professionals. It's so true that the high-stress nature of careers like law and medicine can make people vulnerable, despite their education and status. The personal examples really drive home how widespread this issue is.
ReplyDeleteI appreciate the honesty about the challenges of reporting impaired colleagues, even with rules in place. It's a tough situation with no easy answers. The reminder about ongoing struggles after rehab is important too - recovery is a lifelong journey.
Edward, you wrote: "I suspect given the social difficulty associated with reporting a possibly impaired lawyer, such reporting is seldom done when a lawyer is aware that another lawyer has a substance abuse disorder." This is true. I cannot recall a single time when a lawyer reported to the Bar that another lawyer was impaired as a result of substance abuse. These issues nearly always come to regulators' attention as a result of law enforcement arrest reports or criminal court proceedings.
ReplyDeleteI think lawyers rationalize not reporting because if a problem is serious enough, it will come to light in another way, such as a DUI arrest. It is a cop-out, but it is reality. No one wants to be a rat. And there would be legitimate concern that if it became known a lawyer turned in a colleague for substance abuse or mental health problems, it would damage the reporting lawyer's practice.
Unfortunately Eddie, you are right. Substance abuse rarely gets reported to the bar unless it is caught by means of DUI or other public intoxication charge. The sad thing is, the substance abuse is not what ends up costing them their license, it's the work they have done while impaired that has harmed a client.
ReplyDeleteAdditionally it is very difficult to stay sober when you are constantly having to attend law functions (if you work big law or are part of committees and such) that serve alcohol and where the culture is everyone is drinking. Of course there are ways of getting around being the odd duck out like nursing a tonic with lime all evening but the temptation is always looming.
The culture is slowly turning and I think it's getting better with the Bar providing counseling services and more people are starting to abstain from alcohol whereas that was unheard of during the 80s and 90s. Additionally, the younger generations are starting to wise up to the fact that your job is not your life and they are allowing more margin in their lives thereby preventing relapses exacerbated by continued stressful living.
Great topic!