5D. Substance Abuse and Mental Health Issues

The following points are provided to facilitate a discussion about substance abuse and mental health issues in the legal profession, including possible warning signs, what to do if the new lawyer is faced with a substance abuse or mental health issue, and resources for assistance.

  1. Objectively discuss the legitimate goals of mandatory substance abuse instruction which include raising the attorney population's consciousness regarding the problems of chemical dependency, informing all attorneys of how to detect, prevent and assist impaired attorneys, and increasing awareness of available assistance programs.
  2. Review the Illinois Lawyers Assistance Program (http://www.illinoislap.org/) and discuss the statistics regarding substance abuse and mental health problems among lawyers.
  3. Share with the new lawyer experiences, if any, that you have had dealing with an impaired lawyer or judge and how you handled (or should have handled) the situation(s).
  4. Discuss the signs and symptoms of chemical dependency.
  5. Discuss with the new lawyer your experience (if any) with noticing the signs and symptoms of chemical dependency in someone with whom you worked. Talk about how to professionally address that type of situation.
  6. Discuss the most professional ways for dealing with the following situations:
  7. The judge before whom you appear seems to be impaired.
  8. The opposing counsel in your case attempts to negotiate with you while s/he appears to be impaired.
  9. The opposing counsel in your case appears with his or her client at a deposition or hearing and you suspect s/he is impaired.
  10. Your client appears for a hearing impaired.
  11. Discuss a lawyer's personal and professional duties to assist their colleagues if they suspect impairment.
  12. Discuss a lawyer's heightened responsibility to a client who is mentally impaired.

© 2007 and 2011 Revised Edition by Illinois Supreme Court Commission on Professionalism