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Reaching out to lawyers

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“We’re not in the business of saving licenses; we’re in the business of saving lives.”

So said Judge Robert “Butch” Childers of Memphis, Tenn., chair of the American Bar Association’s Commission on Lawyer Assistance Programs, expressing one of the overlying themes of the annual CoLAP conference in Indianapolis Oct. 5-8.

The symptoms of stress, how to help law students, and how lawyer assistance programs work with disciplinary commissions were among the topics addressed at the conference, which had at least 200 participants and 41 exhibitors.

jlap Mary Richardson and Don Lundberg, both former heads of the Illinois and Indiana disciplinary commissions, respectively, discuss the entities’ relationships with lawyer assistance programs at the American Bar Association’s national conference for LAPs, which was in Indianapolis. (IBJ Photo/ Perry Reichanadter)

The science of substance abuse and stress, and how it affects the brain was discussed at the session “Stress and Compassion Fatigue in the Legal Profession: What Does Your Brain Look Like?”

Dr. Barbara Krantz, chief executive officer and medical director of research for the Hanley Center showed brain scans and explained how hormones the body produces while under stress tend to affect the brain. For instance, if one is in a stressful situation – the example she gave was sitting in traffic, seeing an accident and construction ahead, and being late to a hearing in court – hormones would be released as a result of the stress. Ideally, the body would also release other hormones to counteract the stress hormones, which would cause a balance, or homeostasis.

When one’s body doesn’t know when to stop the tug of war between the different hormones that cause fight or flight reactions and the hormones that relax the body, there is chronic stress. This can lead to physical symptoms, such as tension, sleep disorders, fatigue, frequent colds and infections, increased alcohol use, headaches, gastrointestinal disorders, and high blood pressure.

Krantz said because attorneys have multiple stressors, and because they are high achievers and tend to put more pressure on themselves while underestimating their level of stress, they often overlook the signs that they need to do something to take care of themselves.

The stressors attorneys face are not that different from what law students face, according to panelists in a breakout session about law student wellness.

Terry Harrell mug Harrell

That panel included moderator Judith M. Rush of the Minnesota State Bar Association Life and the Law Committee, along with panelists Ann D. Foster, director of the Texas Lawyers’ Assistance Program; Michael Larson, director of the Montana Lawyer Assistance Program; Erin M. Keyes, assistant dean of the University of Minnesota Law School; and Carter Alleman, Valparaiso University School of Law Student Bar Association president and national vice chair for Student Bar Associations of the ABA Law Student Division.

The panelists discussed various ways the law schools and LAPs in their states have been tackling the various issues students face, including how to address some of the myths when it comes to getting help for mental health or substance abuse problems while in law school, and how it can affect one’s character and fitness results when they apply to join the bar after they graduate.

They also agreed that the presence of social networking sites such as Facebook and Twitter have contributed to the proliferation of some myths for law students who seek help.

Panelists and audience members discussed whether schools should use a tough-love approach, with a mandatory session to inform students about these issues; or by giving the students the option to attend programs to learn more about LAPs and other resources.

Terry Harrell, executive director of Indiana’s Judges and Lawyers Assistance Program and vice chair of the conference, said lawyers are better off if they face their issues as law students. Otherwise, the problem doesn’t go away, it just gets worse.

She also added a scholarship program is available for law students to receive 30 days of treatment – for free – from Bradford Health Services, with locations around the country. LAPs throughout the U.S. can work with students to get into the program, and they need to pay only transportation costs.

Another well-attended panel was a discussion between two former disciplinary commission chairs. Don Lundberg, now a partner with Barnes & Thornburg in Indianapolis and former executive secretary of the Indiana Supreme Court Disciplinary Commission, spoke with Mary Richardson, who previously chaired the Illinois Attorney Registration and Disciplinary Commission.

Lundberg said that he and Judge Childers agree that “there is a fundamental shared goal of lawyer disciplinary commissions and lawyer assistance programs to protect the public. But our approach is different.”

Because both LAPs and disciplinary commissions are trying to achieve the same ultimate goal, Lundberg and Richardson agreed the entities ought to work together in terms of how they are structured and how they get along on a personal level. However, they also need to maintain an understanding when it comes to what the other side is dealing with. For instance, Lundberg said, “The disciplinary side deals with the mess. We deal with the victims and the chaos” that result from an attorney who is facing disciplinary procedures.

Both added that there are different personalities between those who serve disciplinary commissions and those who serve on LAPs, but that both groups still need to be able to come together somewhere in the middle

They also agreed there needs to be trust among the people of the two types of organizations, including a trust in the LAPs’ reasoning to have confidentiality in cases that aren’t being monitored by a disciplinary commission.

Richardson said the only time her disciplinary commission wrote an amicus brief was to support the confidentiality of those who go to LAPs for help because without it, that system would fall apart and fewer people who need treatment would seek help.

Early on in the conference, Judge Childers noted that because what the participants do in their regular work is so serious, the event was also meant to be fun.

While most of the four-day conference discussed serious topics, participants had a few lighthearted moments, such as a dessert reception that included a presentation by Dr. Will Miller, a therapist who is also a minister and a stand-up comedian.

Miller focused on his theory of refrigerator relationships, relationships between friends and family where if one person is visiting the other’s home, it’s not unusual for the visitor to raid the refrigerator of his or her host.

He connected it to what LAP programs do, because many Americans are mobile and therefore are less likely to have family or other support systems in place when they get into trouble with drugs or alcohol, or feel depressed. He added that people should never feel isolated, even though that is the norm in society.

Many of the panels also mentioned isolation and how LAP programs could share that with the legal communities in their respective states so that attorneys – or law students – would know how important it is to check on each other from time to time.

In his closing speech at the awards dinner Oct. 7, Judge Childers reiterated his point that the LAP programs aren’t helping lawyers keep their licenses, but they’re saving lives by reaching out to their communities and helping to prevent some of those feelings of isolation attorneys have when they are distressed.

“I’m constantly energized by the number of people who give of their time to save lives,” he said. “… I am constantly amazed at what we can accomplish with a small group of people working toward the same goal. … We have made a lasting change in the legal community … and we need to continue to be the change we want to see happen.”•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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