LPAC’s Bibliography of Related Articles on:

Addiction/abuse/dependency

R.B. Allen, Alcoholism, Drug Abuse and Lawyers: Are We Ready to Address the Denial? 31 Creighton L. Rev. 265, 265-77 (1997)
This article describes a mid-western state’s transition from institutional denial of alcoholism and drug abuse within the legal profession to the establishment of a Lawyers Assistance Program. It describes denial as a “conspiracy of silence” both for the individual lawyer, the firm, and the legal profession. The author describes the state’s transition to acknowledging that the behavior of each individual lawyer has ramifications for the legal profession and accepting alcoholism and drug abuse as a disease process that is often punctuated with relapse. Particularly interesting is the discussion of alcoholism as a mitigating factor in discipline sanctions.

Michael A. Bloom & Carol Lynn Wallinger, Lawyers and Alcoholism: Is it Time for a New Approach? 61 Temple Law Review 1409 (1988)
Lawyers generally are terrible resources for each other. Perhaps it is a function of a lawyer’s training and the independent nature of the profession. While viewed as a virtue, independence frequently can wear another face.

The intense pressures of competition, the meeting of continuous deadlines, and the anxieties associated with earning a decent living lead many lawyers to feel isolated and without resources.

The most difficult problem for the troubled lawyer is to identify that a problem exists, and to recognize that help is needed. The troubled lawyer is plagued by fear and impaled by denial; in combination, the two can be deadly.

About ninety-five million Americans drink alcohol in one form or another. About ten to thirteen percent of the general population is alcoholic, but estimates for professionals, including lawyers, range from three to thirty times the average for lay people.

Even more striking is the percentage of lawyer disciplinary cases that involve alcoholism. Oregon’s Professional Liability Fund has determined that more than one-half the attorneys admitted to its alcoholism treatment program already have been sued for malpractice. Surveys taken in New York and in California reveal that as many as fifty to seventy percent of all disciplinary cases involve alcoholism.

The process of healing oneself begins when the person admits to being an addict. This is the most crucial part in recovery of an addict because denial is the cornerstone of addiction. Breaking through this denial is the most important step in the recovery process and often is the most difficult task if treatment is to be successful.

An excellent example of denial is the reluctance of most lawyers to report incompetent or impaired work. Although technically obligated to do so under the Model Code and the Model Rules, this “conspiracy of silence” has been cited as the “greatest obstacle to better regulation of the legal profession.”

Most reports from attorneys concern violation of the advertising or solicitation rules rather than real crimes.

Reported cases in which discipline has been imposed for a lawyer’s failure to report another lawyer’s misconduct are extremely rare.

This is a classic example of the psychological concept of “enabling,” whereby we consciously or “unconsciously help alcoholics block their perception of their illness.

"There often are signals, other than obvious drunkenness, that point to a potential drinking problem. Some of these signals include long weekends and/or frequent late arrivals and early departures from work; failure to file court papers; forgetting to show up for scheduled court appearances and appointments; neglecting correspondence and phone messages; “borrowing” from client trust funds; and often missing deadlines. As the disease progresses, the alcoholic increasingly requires the help of others to cover his or her decreasingly effective performance of life’s daily responsibilities. Colleagues in the legal community (secretaries, associates, partners, even judges) often are recruited, to participate in the “cover-up.” When colleagues allow this behavior to continue unchecked, the alcoholic lawyer is enabled to progress deeper and deeper into alcoholism. The resulting harm to clients is not something from which these colleagues should hold themselves (or be permitted to hold themselves) entirely blameless. Nor should they be permitted to escape liability to clients for a risk they knew existed, but took no steps to prevent.

- Reproduced with the permission of Temple Law Review. Copyright © 1988, Temple University of the Commonwealth System of Higher Education.

Don Carroll, J.D., Lawyer’s Guide to Healing: Solutions for Addiction and Depression
This book is for lawyers who find law challenging, frustrating, or stressful – either a dream that must be pursued or a vision that cannot be ignored. This book offers insight into the addictive and emotional problems lawyers face and a special understanding of how we, as lawyers become susceptible, get sick, and can seek help and recover.

Executive Summary of the Report of the Association of American Law School's Special Committee on Problems of Substance Abuse in Law Schools, 44 J. Legal Educ. 35 – 80 (1994).
This cross-sectional study of law student substance use showed an increase in the prevalence of alcohol and drug use for each year level of law school at the 19 law schools studied. The study speculated that the increase prevalence rates were related to coping with high levels of stress and anxiety. These findings replicated earlier empirical findings at lone law schools.

Ass’n of American Law Schools Comm. Report of the AALS Special Committee on the Problem of Substance Abuse in law Schools, 44J.Legal Educ. 35-80 (1994)
This cross-sectional study of law student abuse showed an increase in the prevalence of alcohol and drug use for each year level of law school at the 19 law schools studied. The study speculated that the increase prevalence rates were related to coping with high levels of stress and anxiety. These findings replicated earlier empirical findings at lone law schools.

Martha W. Barnett, Integrating Treatment into the Justice System, GP/Solo Volume 18, Number 5, July/August 2001
“Finally, the ABA is aware and concerned that this disease affects the legal profession. Reports now estimate that while 10 percent of the general population has problems with alcohol abuse, anywhere from 15 to 18 percent of lawyers battle the same problem. Since 1987, the ABA Commission of Lawyer Assistance Programs (CoLAP) has engaged in education, prevention, and assistance efforts to help lawyers better understand and deal with substance abuse”.

James Baxter, Editor, Getting to Grips with Matters of Substance Abuse, Legal Business, October 2008
Legal Business magazine has carried out a survey that shows that alcohol abuse is commonplace and the use of hard drugs, such as cocaine, is more and more widespread among those in the legal profession. This month’s cover story tackles the controversial issue of hard drug use at the UK’s major law firms. Despite expert evidence suggesting the use of illegal substances among lawyers is increasing at a worrying pace – particularly among those working in the City – law firms appear reluctant to formulate meaningful drugs policies. In many cases, managing partners refuse to even countenance the idea that illegal drug use is happening in their firms. The LB survey of the top 100 UK firms found that only half of respondents had a drug policy in place, with 16% of the firms that responded refusing to answer this question. More worryingly, only 19% of firms said that their professional indemnity insurance covered treatment for lawyers dealing with a substance abuse problem. Despite this, three LB 100 firms admitted to having to take action against a drug-abusing lawyer at their firm. One third of firms refused to answer the question on this. The research is backed up by statistics from LawCare, a charity set up to help lawyers with work-related health problems such as stress, depression and addictive illness. It has found that 30% of male lawyers and 20% of female lawyers drink to excess. The charity handles 1500 calls a year and three in four are from lawyers suffering from severe stress.

Dr. Neil Brener of The Priory Group, meanwhile, says that one in eight of his patients is a lawyer and that ‘substance abuse is absolutely endemic’. There is clearly a mismatch between the extent of the problem and the willingness of leading law firms to admit to an issue as reputationally damaging as hard drug use among their lawyers.

G.A.H. Benjamin, E.J. Darling and B. Sales. "The Prevalence of Depression., Alcohol Abuse and Cocaine Abuse Amongst United States Lawyers, " 13 International Law & Psychiatry pp. 233-246 (1990)
This first large, stratified random sample of lawyers that used valid and reliable measures to determine the prevalence rates of emotional, alcohol and drug abuse symptoms that afflict practicing lawyers in two different states. A measure of dissimulation showed that the sample honestly responded to the psychological measures. The study uncovered that one third of the sample suffered from scientifically significant levels of either depression or alcohol problems or both. Other symptoms were identified and reported.

G. Andrew Benjamin, Bruce Sales & Elaine Darling, Comprehensive Lawyer Assistance Programs, Justification and Model, 16 L. & Psychology Review, 113-136 (1992)
This Review article specifies the components that must exist in Lawyer Assistance Programs to attract lawyers with early stage psychological and alcohol problems. If such components do not exist, lawyers will not seek help voluntarily from a bar association program. The necessity for including the various components became evident after a review of empirical data that emerged from this research group’s earlier studies. These and other empirical data are reviewed to justify the model.

Gerald W. Boston, Chemical Dependency in Legal Education: Problems and Strategies, 76 Mich. B.J. 298, 298-301 (1997)
This article provides a review of the evidence gathered by the AALS and the George Mason University’s Center for the Advancement of Public Health. It recognizes that law students impaired by chemical dependency present troublesome problems to the character and fitness and admission process. It provides sample strategies from the ABA Commission on Lawyers Assistance Program (1991) and AALS recommendations.

Anna Buttimore, Drugs and the City, Breaking the Habit, Law Care
The use of illegal substances in UK law firms is increasing at a worrying pace. Reluctant to face up to this dangerous problem, UK firms are running the risk of neglecting those lawyers most in need.

Anastasia Hancock, Drugs and the City, Breaking the Habit, Legal Business, October 2008
Substance abuse has long been a characteristic of the legal profession. Contributing factors include high levels of stress, a large disposable income, immensely long hours and an exposure to both alcohol and hard drugs. It’s an explosive combination.

GAMBLING, by Paul R. Ashe, American Bar Association: GPSOLO “Bumps in the Road” Vol. 18 Number 5 July/August 2001
Gambling appears poised to replace baseball as our national pastime. Last year, 85 percent of the American public gambled in excess of $700 billion. In addition, many trillions of dollars are gambled annually in various financial markets. It is estimated that 10 to 15 percent of those who gamble have a gambling problem. While less than 4 to 5 percent are considered pathological (compulsive) gamblers, many more people experience severe consequences from their gambling activities.

GAMBLING, by Meloney Crawford Chadwick, American Bar Association: GPSOLO “ Bumps in the Road II” Vol. 21, Number 7, October / November 2004
Pathological or compulsive gambling is described by the American Psychiatric Association as a progressive addiction characterized by increasing preoccupation with gambling, a need to bet more money more frequently, restlessness or irritability when attempting to stop, returning to bet after losing in order to even the score (“chasing losses”), and loss of control manifested by continuation of the gambling behavior despite mounting, and increasingly serious, negative consequences.

Sexual Addiction, by Lynn Phillips, American Bar Association: GPSOLO “Bumps in the Road II” Vol. 21, Number 7, October / November 2004
The line between an active and healthy sex life and “compulsive sexuality,” “sexual acting-out,” or “sexual addiction” seems like it should be quite wide and clear. Unfortunately, as many lawyers have discovered, it is not. Why? In part, the answer lies in the nature of addiction itself. 

The Dangerous Link Between Chronic Office Chaos, Stress, Depression, and Substance Abuse, Nancy Byerly Jones, American Bar Association: GPSOLO “ Bumps in the Road” Vol. 18 Number 5 July/August 2001
Are your work habits and office environment putting you at risk? A few key questions to ask yourself.

Twenty Questions for Problem Drinkers, Michael Sweeney and Meloney Crawford Chadwick, American Bar Association: GPSOLO “Bumps in the Road” Vol. 18 Number 5 July/August 2001
Lawyers are trained in problem identification, but when it comes to identifying alcoholism, a few basic questions will suffice. The following four-question test will assist you in determining whether you, a client, or a colleague has a problem with alcohol, and was developed by Dr. John Ewing for use during National Alcoholism Screening Day.

Out of the Shadows Women and Addiction, Cindy McAlpin, American Bar Association: GPSOLO “Bumps in the Road III, ” Vol.23, Number 8, December 2006.
Professionals in the field of substance abuse treatment have seen that women are impacted by addiction differently than are men, and that the psychological and physiological effects of drugs and alcohol are often more severe for women.

I Want to Change My Life: How to Overcome Anxiety, Depression and Addiction, Steven M. Melemis, Ph.D., Amazon

Demystifying 12-Step Programs by Mary Greiner, American Bar Association: GPSOLO “Bumps in the Road” Vol. 18 Number 5 July/August 2001
If you are bewildered by the workings of 12-step programs but think that you or someone you know might benefit from one, this article is dedicated to you. If someone (or more than one person) has recommended that you check out a 12-step program, but you don't think that you have an addictive or compulsive behavior, you can find information here in case you change your mind. If you are trying to get a loved one into recovery, you can read this article in the context of how 12-step programs such as Al-Anon might be of assistance to you as well.

Eating Disorders, by Theodore E. Weltzin, American Bar Association: GPSOLO “ Bumps in the Road” Vol. 18 Number 5 July/August 2001
Eating disorders are serious illnesses that affect a person’s physical and emotional functioning. The death rate for eating disorders has been reported as high as 10 percent, and the risk of death is highest among people with both anorexia and bulimia.