though useful and accurate – depend on either good communication by the one suffering, or astute observational skills on the part of the concerned onlooker. There are, however, lawyer-specific signals:
• Unreturned phone calls to clients or opposing counsel;
• Unavailable when clients or opposing counsel attempt contact;
• Voicemail full;
• Not following through in delivering work product requested and promised;
• Disappearing or vanishing for periods of time;
• Missed deadline and / or court appearances;
• High absenteeism;
• Phones disconnected;
• Office vacated / closed. 10 A frequent combination of these signs should cause concern.
If you believe or know that another attorney has a mental health issue, you may have to react. Your colleagues’ mental health presents an ethical hazard to you. If you supervise others, you“ shall make reasonable efforts to ensure that the other lawyer conforms to the Georgia Rules of Professional Conduct.” 11 You are responsible for
or worthlessness, depressed mood, poor self-esteem or guilt.” https://
www. gabar. org / committeesprogramssections / programs / lap / suicide _ awareness. cfm visited on February 17, 2017. 10 Recognizing, Helping and Reporting Lawyers with Mental Health Impairments, Montana Lawyer Assistance Program; http:// publicdefender. mt. gov / training % 5 C09 % 5C % 5Cimpairment % 5Cmikela rsonsami. pdf Last visited on February 15, 2017. 11 Rule 5.1( b). an attorney’ s actions if you“ know [] of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.” 12
If you do not work with the attorney, but have a concern, you can address the issue directly. If you do not believe you can do that, you can call the Lawyer Assistance Program(“ LAP”) which assures that qualified people will reach out to the attorney. Your contact with the LAP is confidential. 13
Opposing counsel’ s impairment is also a challenge. When evaluating opposing counsel’ s mental health problems, 14 you should distinguish between suspicion and knowledge of a problem. If you suspect an opponent’ s mental health issue, there is no duty to report that attorney to the bar, but, reporting to the LAP is encouraged. If the opposing attorney appears“ clearly incompetent in violation of Rule 1.1,” then reporting is likely mandatory.
Your mental health is most important of all. If you see the signs discussed above in yourself; have those feelings of despair, hopelessness, etc.; or act in a way that does not meet professional and ethical standards, you must react. Because that sort of self-awareness is rarely present, these issues will be brought to your attention by family members, friends, colleagues, judges or others in your life. If those conversations become a pattern, it is time to act. At minimum, you should
12 Rule 5.1( b). 13 Rule 7-303. 14 State Bar of North Carolina, 2003 Formal Ethics Opinion 2. reach out to the LAP or a mental health professional. You will receive counselling; medication may be prescribed. Either way, you have taken steps to get and stay healthy.
Lawyers with mental health issues present dangers both to themselves and their clients. The rules provide guidance as to when we should or must act. The LAP provides a safe place to report, but sometimes a report to the bar is required. Protect your own mental health by listening to others and being self-aware; and seeking help if the signs call for it. ▪
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The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 11