By Chris Aupperle NLAP Director WHAT IS NLAP? Started as a Bar - - PowerPoint PPT Presentation

By Chris Aupperle NLAP Director

WHAT IS NLAP?

Started as a Bar Association Committee

Originally focused primarily on alcohol and drug issues within the profession 2002 hired full-time Director

NLAP Committee Members

65 lawyers and judges who volunteer their time to help their colleagues in need

Every state has a LAP

May be called a different name. If you have questions, call your state bar association

Who we help:

• Lawyers  Judges  Law Students

What NLAP can do for you:

• Confidential support 24/7
• Participation is voluntary
• Calls can be anonymous
• Referrals:

Licensed professionals Group support

• Peer support
• Advice on helping a colleague
• Educating the profession

IT JUST TAKES THE WILLINGNESS TO ASK FOR HELP

What does NLAP do?

NLAP CAN HELP

• Stress/Burnout
• Work-life balance
• Anxiety
• Depression
• Alcohol/Drug Addiction
• Gambling Addiction
• Compassion Fatigue
• Cognitive Decline
• Other Mental Health Issues

Lawyers 67 Law Students 14 Judges Firm Solo Gov’t In-House Male Female

NLAP 2018

2018 Usage of NLAP

§ 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

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

• r 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 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 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

1 2

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

5 10 15 20 25 30 35 40

7% 21% 32%

General U.S. Population All Attorneys Attorneys under 30 years old

Lawyers who screened positive for problem drinking

Problem Drinking = Hazardous and possible dependence

RECENT RESEARCH Lawyers & Law Students

HIGH RATES OF OCCURRENCE ARE ONLY HALF THE PROBLEM… Examining Barriers To Seeking Help

[PERCEN TAGE]

[PERC ENTA GE]

Received alcohol and/or drug services

[CAT EGOR Y NAM E]… [CAT EGO RY NAM E]… Of lawyers who screened positive for substance use disorder or a mental health condition…

Received mental health services

No Yes

RECENT RESEARCH Lawyers & Law Students

0% 10% 20% 30% 40% 50% 60% 70% Bar Admission Getting Job Social Sigma Privacy Finances Self Reliance Time Constraints

LAW STUDENTS - Reasons For Not Seeking Help Mental Health Substance Use

RECENT RESEARCH Lawyers & Law Students

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….

• Physical Health
• Relationships
• Job Satisfaction
• Finances
• Productivity
• Longevity

It also affects: 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.

Goals

1) Identifying stakeholders and their roles 2) Eliminating stigma 3) Emphasizing wellbeing as indispensable part of lawyer’s duty of competence 4) Educating lawyers, judges and law students 5) Taking small incremental steps toward change Proposed state action plans w/ checklists

NATIONAL TASK FORCE ON LAWYER WELL-BEING

44 Recommendations:

First 13 are directed to everyone The remaining are directed to specific groups:

• Judges
• Legal Regulators
• Legal Employers
• Law Schools
• Bar Associations
• Malpractice Carriers
• Lawyer Assistance Programs

Task Force Members

• Judges from Nebraska County,

District and Supreme Courts

• Attorneys representing solo, law

firm and government practices

• Nebraska and Creighton law school

Administration

• Nebraska State Bar Association
• Counsel for Discipline, Admissions

and MCLE

• Malpractice Carrier
• Mental Health Practitioner
• NLAP

Primary Objectives

1 - To develop and implement wellness objectives at the stakeholder level. 2 - To track and publicize wellness programs with the profession. 3 - To move the profession to a help seeking culture and reduce stigma associated with asking for help. 4 - To achieved sustainable progress

• n lawyer wellness, which will in turn

strengthen the legal profession.

NEBRASKA TASK FORCE

ON LAWYER, JUDGE AND LAW STUDENT WELL-BEING

WHAT CAN YOU DO?

• Watch out for each other
• Encourage others to get help
• Support those seeking help
• Be a voice for change
• Hold open, positive conversations
• n mental health
• Adopt policies that encourage, not

discourage help seeking behavior

• Be proactive – build resilience
• Address issues early – don’t wait

until [fill in the blank] to get help

• Consider your mental health when

making life decisions For Each Other For the Profession For Yourself

• Health Care Provider
• Mentor
• Trusted Friend
• Faith leader
• Employee Assistance Program
• Campus Counseling Office
• Community Support Groups
• Lawyers Assistance Program

HELP RESOURCES

NEBRASKA LAWYERS ASSISTANCE PROGRAM

 Confidential – protected by Court Rule  24-Hour Hotline  Lawyers & judges helping lawyers, judges and law students – we understand  Help on any issue affecting your professional life  Want to be proactive with the wellness, we can help with that too! NLAP Helpline: (402) 475-6527

• r

www.nebar.com/NLAP

    

NEBRASKA LAWYERS ASSISTANCE PROGRAM

NLAP Helpline: (402) 475-6527

• r

www.nebar.com/NLAP