Spring 2020 Gavel 268650 SBAND Gavel Magazine_web | Page 4

SBAND PRESIDENT
ATTORNEY WELL-BEING:
WORKING TO SUPPORT THE
MEMBERS OF OUR PROFESSION
from issues related to mental health and/or
substance abuse.3 Unfortunately, we will not
be able to provide resources to address these
problems if the stigma is so great that those
in need are deterred from seeking assistance.
Other high-pressure sectors, such as the
military, have also recognized that fear
A U B R E Y F I E B E L K O R N - Z U G E R prevents people from seeking help. In 2009,
SBAND President
the military launched “The Real Warriors
Campaign,” which attempts to break the
Law students are told that a good reputation
stigma for service members, veterans, and
takes years to build but can be destroyed
their families who are struggling with
in a matter of minutes. The purpose of this
psychological health concerns and to
message, of course, is to instill in students
encourage them to reach out and receive
the importance of civility and collegiality, as
care.4 The military promotes a powerful
well as to promote the respected image that
message that “reaching out is a sign of
we seek for all members of our profession.
strength.”
But when we give this message, do we
unwittingly add pressure to a profession
SBAND agrees. Lawyers suffering with
already more prone than the general public
mental health, substance abuse, or other
to face mental health, chronic stress, and
significant issues do not do so because
substance abuse problems?
they are weak or because they are failing at
preserving their pristine reputations. They are
The statistics are sobering. Lawyers are two
suffering from a disease, and they need help.
to three times more likely to suffer from
depression than members of the general
SBAND continues to promote and enhance
public.1 Over 20 percent of attorneys, as
its Lawyer Assistance Program, which
opposed to less than 12 percent of the
was first created in 2004, “to prevent and
general population, suffer from problematic
alleviate problems that adversely affect a
drinking.2
lawyer’s performance.” Any law student,
judge, or lawyer struggling with alcohol or
To make matters worse, attorneys besieged
drug abuse, depression, stress, or practice
with mental health or addiction issues are
management issues can receive assistance
even more likely to conceal their difficulties
through the Lawyer Assistance Program.
because the fear of disappointment, shame,
This assistance includes the development of
and reputational damage just seems too
an individualized assistance plan to address
great.
concerns specific to each participant and an
assigned peer assistance mentor.
When attorneys fail to seek professional
assistance or treatment, they are less
Here are three important facts about the
likely to be able to provide the competent
Lawyer Assistance Program:
representation that clients deserve and that
is required by Rule 1.1 of the North Dakota
• Program participation is initiated
Rules of Professional Conduct. Indeed, it
through a referral from a colleague,
is estimated 40-70 percent of malpractice
partner, employer, or the Disciplinary
claims and disciplinary proceedings result
System, or by self-referral.
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THE GAVEL
• The volunteers, mentors, and committee
members who are involved in the
Lawyer Assistance Program are first-rate,
dedicated, and passionate about helping
those in need.
• Participation in the Lawyer Assistance
Program is confidential. Participant
information is disclosed only upon
consent of the lawyer or if necessary to
prevent imminent bodily harm. Stated
simply, the Lawyer Assistance Program
works because participants can trust
they will be assisted without fear their
emotional or substance abuse issues will
be disclosed to others.
In addition to the Lawyer Assistance
Program, SBAND promotes additional
resources, such as continuing legal
education seminars focused on law practice
management, substance abuse problems, and
mental health issues. SBAND also encourages
employers to adopt policies and programs
to support healthy work environments and
promote attorneys’ well-being. To that end,
members may find helpful a “Well-Being
Toolkit for Lawyers & Legal Employers,”
a recent publication by the American Bar
Association that provides action plans,
proposed policies, activities, educational
materials, resources, and suggested events.5
SBAND recognizes that in order to be good
attorneys with great reputations, we have to
be healthy attorneys. Attorneys’ well-being
has been, and will remain, a paramount
concern. Please contact SBAND if you
have questions or suggestions for additional
services or resources we can provide.
1. P. Krill, et. al, The Prevalence of Substance Use and Other Mental
Health Concerns among American Attorneys, Journal of Addiction
Medicine 46-52 ( Jan/Feb 2016).
2. Id.
3. D.B. Marlowe, Alcoholism, Symptoms, Causes & Treatments,
in STRESS MANAGEMENT FOR LAWYERS 104-130
(Amiram Elwork ed., 2d ed., 1997).
4. http://www.realwarriors.net.
5. https://www.americanbar.org/groups/lawyer_assistance/