By Chris Aupperle NLAP Director
WHAT IS NLAP? Started as a Bar NLAP Every state Association Committee has a LAP Committee Members Originally focused 65 lawyers and May be called a primarily on alcohol and judges who volunteer different name. If you drug issues within the their time to help have questions, call profession their colleagues in your state bar 2002 hired full-time need association Directo r
Who we help: What Lawyers Judges Law Students does NLAP What NLAP can do for you: Confidential support 24/7 do? Participation is voluntary IT Calls can be anonymous JUST Referrals : TAKES THE Licensed professionals WILLINGNESS Group support TO ASK Peer support FOR HELP Advice on helping a colleague Educating the profession
Stress/Burnout NLAP CAN Work-life balance HELP Anxiety Depression Alcohol/Drug Addiction Gambling Addiction Compassion Fatigue Cognitive Decline Other Mental Health Issues
NLAP 2018 2018 Usage of NLAP Lawyers 67 Law Students 14 Judges 0 Firm Solo Gov’t In-House Male Female
CONFIDENTIAL HELP § 3-501.6. Confidentiality of information. (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b). (b) A lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: (1) to prevent the client from committing a crime or to prevent reasonably certain death or substantial bodily harm; (2) to secure legal advice about the lawyer’s compliance with these Rules; (3) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved or to respond to allegations in any proceeding concerning the lawyer's representation of the client; or (4) to comply with other law or a court order. (c) The relationship between a member of the Nebraska State Bar Association Committee on the Nebraska Lawyers Assistance Program or an employee of the Nebraska Lawyers Assistance Program and a lawyer who seeks or receives assistance through that committee or that program shall be the same as that of lawyer and client for the purposes of the application of Rule 1.6.
CONFIDENTIAL HELP § 3-508.3. Reporting professional misconduct. (a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. (b) A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority. (c) This Rule does not require disclosure of information otherwise protected by Rule 1.6 or information gained by a lawyer or judge while participating in an approved lawyers assistance program.
WHAT DO WE KNOW ABOUT LAWYER & LAW STUDENT MENTAL HEALTH?
RECENT RESEARCH Lawyers & Law Students Current Rates of Substance Use, Depression and Anxiety within the 1 Legal Profession Published 2016 Conducted by the ABA and Hazelden/Betty Ford Foundation Most comprehensive study ever Surveyed 12,825 employed lawyers from 16 states Suffering in Silence: The Survey of Law Student Well-Being and the 2 Reluctance of Law Students to Seek Help for Substance Use and Mental Health Concerns Published (2016) in the Journal of Legal Education Authored by Jerome M. Organ, David B. Jaffe, Katherine M. Bender, Ph.D. Surveyed over 3,400 students at 19 law schools
RECENT RESEARCH Lawyers & Law Students Lawyers 28% Depression 19% Anxiety 12% Contemplated suicide during their career Law Students 17% Depression 37% Anxiety (23% mild to moderate and 14% severe) 27% Eating disorder (18% male and 34% female) 6% Had seriously considered suicide during past 12-months
RECENT RESEARCH Lawyers & Law Students Lawyers who screened positive for problem drinking 40 35 32% General U.S. 30 Population 25 20 All Attorneys 21% 15 10 Attorneys under 5 7% 30 years old 0 Problem Drinking = Hazardous and possible dependence
HIGH RATES OF OCCURRENCE ARE ONLY HALF THE PROBLEM… Examining Barriers To Seeking Help
RECENT RESEARCH Lawyers & Law Students Of lawyers who screened positive for substance use disorder or a mental health condition… Received alcohol and/or drug services [CAT EGOR Yes Y [PERCEN NAM TAGE] E] … [CAT EGO RY NAM [PERC E]… No ENTA GE] Received mental health services
RECENT RESEARCH Lawyers & Law Students LAW STUDENTS - Reasons For Not Seeking Help Time Constraints Self Reliance Finances Privacy Social Sigma Getting Job Bar Admission 0% 10% 20% 30% 40% 50% 60% 70% Mental Health Substance Use
WHY ARE WE TALKING ABOUT THESE THINGS? Mental health disorders, alcohol and drug dependency and cognitive loss , whether temporary or permanent, minor or significant, affects our ability to function as a lawyer…. It also affects: Physical Health Finances • • Relationships Productivity • • • Job Satisfaction • Longevity We need to take care of ourselves & watch out for each other
WHERE TO WE GO FROM HERE?
NLAP 2.0 INTO THE OPEN How we talk about it… Acknowledge that problem Educate ourselves on how to do better Provide help resources to people in need Reward people for seeking help What we do about it… We are not going to change the profession overnight, but we can bring about change Hold all stakeholders accountable for positive change Measure our progress and adjust course when needed
NATIONAL TASK FORCE ON LAWYER WELL-BEING The Path to Lawyer Well-Being: Practical Recommendations for Positive Change By National Task Force on Lawyer Well-Being Published August 2017 • What do we do with the learnings from the ABA Lawyer • Wellness Study and the Law Student Wellness Study? Focus on how the profession can promote lawyer well-being • • Recommendations offered for consideration and implementation at the state level.
NATIONAL TASK FORCE ON LAWYER WELL-BEING Goals 44 Recommendations: 1) Identifying stakeholders and First 13 are directed to everyone their roles The remaining are directed to 2) Eliminating stigma specific groups: 3) Emphasizing wellbeing as • Judges indispensable part of • Legal Regulators lawyer’s duty of competence • Legal Employers 4) Educating lawyers, judges • Law Schools and law students • Bar Associations 5) Taking small incremental • Malpractice Carriers steps toward change • Lawyer Assistance Programs Proposed state action plans w/ checklists
NEBRASKA TASK FORCE ON LAWYER, JUDGE AND LAW STUDENT WELL-BEING Task Force Members Primary Objectives Judges from Nebraska County, 1 - To develop and implement District and Supreme Courts wellness objectives at the stakeholder level. Attorneys representing solo, law firm and government practices 2 - To track and publicize wellness Nebraska and Creighton law school programs with the profession. Administration Nebraska State Bar Association 3 - To move the profession to a help seeking culture and reduce stigma Counsel for Discipline, Admissions associated with asking for help. and MCLE Malpractice Carrier 4 - To achieved sustainable progress Mental Health Practitioner on lawyer wellness, which will in turn strengthen the legal profession. NLAP
Watch out for each other • For Each Encourage others to get help • Other • Support those seeking help WHAT Be a voice for change • CAN • Hold open, positive conversations For the on mental health Profession YOU Adopt policies that encourage, not • discourage help seeking behavior DO? Be proactive – build resilience • For Address issues early – don’t wait • Yourself until [fill in the blank] to get help • Consider your mental health when making life decisions
HELP RESOURCES • Health Care Provider • Mentor • Trusted Friend • Faith leader • Employee Assistance Program • Campus Counseling Office • Community Support Groups • Lawyers Assistance Program
Confidential – protected by Court Rule 24-Hour Hotline Lawyers & judges helping lawyers, judges and law students – we NEBRASKA understand LAWYERS Help on any issue affecting your ASSISTANCE professional life PROGRAM Want to be proactive with the wellness, we can help with that too! NLAP Helpline: (402) 475-6527 or www.nebar.com/NLAP
NEBRASKA LAWYERS ASSISTANCE PROGRAM NLAP Helpline: (402) 475-6527 or www.nebar.com/NLAP
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