Mental Health and Disciplinary Proceedings
Living and practicing law presents a host of challenges. One of those challenges is related to the ethical obligation that attorneys and judges have to clients and citizens. Depression, anxiety, and substance abuse are just some of the more prevalent mental health conditions that, on their worse days, may impact an attorney’s ability to meet their ethical obligations.
Except here is what I sincerely believe. This is a failure of the profession, not of the individual lawyer.
The profession has rewarded silence. It has rewarded those who mismanage their condition by self-medicating with drugs and alcohol. It has created an atmosphere of silence, condoning these behaviors until lapses become too egregious to ignore.
Instead, law firms and the profession in general must ask itself hard questions about these cases. First, it must ask itself why there is such a stigma surrounding mental illness, and how can we as a profession address that. It must ask itself if traditional disciplinary proceedings are the right approach. And it must ask itself if enough new lawyers know that there are options.
Every state has a lawyer assistance program, or LAP, which is confidential and where lawyers can seek support for mental health or substance abuse conditions before they spiral out of control. And although the law is a self-policing profession, some states excuse an attorney from their need to report on another attorney if the information in the report comes from someone seeking treatment.
Some states are also looking at diversion programs. New York State, for example, recently took a hard look at mental health issues within the state. One of the recommendations in the report included diversion programs instead of suspensions or disbarment, similar to what some drug and mental health courts are doing.
Living with mental illness is not a barrier to practicing law. Although all too often the legal profession acts as a barrier to treatment. This needs to change. The LegalMind Society’s support services are free and confidential, and we can help you identify additional resources, such as LAP programs, that might assist you on your recovery journey.