NEW YORK CITY BAR ASSOCIATION Lawyer Assistance Program ANNUAL REPORT EILEEN TRAVIS DIRECTOR etravis@nycbar.org DON HEWLETT CLINICAL COORDINATOR dhewlett@nycbar.org ANDREA RUSSELL ADMINISTRATIVE ASSISTANT arussell@nycbar.org
The Lawyer Assistance Program The New York City Lawyer Assistance Program (NYC LAP) of the New York City Bar Association was established in 1999, to assist lawyers, judges, law students, and their family members who are affected by alcohol and substance abuse, stress, depression, gambling, work life balance and other health and quality of life issues. The NYC LAP endeavors to raise awareness in the legal profession about the effects of these issues through educational workshops in law firms, law schools, and CLE programs at the various bar associations and public agencies throughout the five boroughs. Our Mission Our mission is to intervene and address problems before they jeopardize a lawyer s practice, a judge s career or a law student s education. The professional staff at LAP understands that mental health and substance abuse problems reach beyond the work environment. NYC LAP encourages legal professionals to seek support before family and personal relationships are put at risk. The Facts Studies indicate that lawyers, judges, and law students experience depression, alcohol and drug abuse at rates higher than other professionals. Addiction and mental health problems are treatable and hundreds of New York legal professionals have confronted their problems and turned their lives around. When appropriate, LAP offers supportive counseling with one of our licensed professionals and monitoring by trained peer volunteers. Services All lawyers, judges, law students, family members and concerned others in the five boroughs of New York City are eligible to receive LAP services. Bar Association membership is not required. All services are free and confidential. Early identification of impairment Intervention and motivation to seek help Supportive counseling Assessment, evaluation and development of an appropriate treatment plan Referral to community resources, self help groups, inpatient treatment, outpatient counseling, and rehabilitation services Peer support from attorneys who have faced their own difficulties and volunteer to assist a struggling colleague by providing support, understanding and guidance 2
Information and consultation for those concerned about a legal professional Education and training programs to the legal community on preventing, recognizing and dealing with addiction and depression Assistance with gambling, eating disorders, sex addiction, marital and relationship problems, anger management and career concerns. Judges Assistance Judges are often too busy tending to the troubles of others to acknowledge their own needs. A judge s problem is more likely to go unnoticed or untreated because of the nature of their role in the legal system and fear of disclosure. NYC LAP offers specialized assistance to members of the judiciary and their families. Character & Fitness In 2010, NYC LAP received 25 referrals from the Appellate Division, First Department Character and Fitness Committee. These individuals were applying for admission to the bar, and all reported a history of alcohol, drug or mental health disorders on their applications. In these cases, the Committee asked us to evaluate the applicants to determine if the problems reported present any current fitness to practice issues. We enlist the assistance of a PhD and an MD psychiatrist/addictionologist to provide a comprehensive evaluation and report the results directly to the secretary of the Committee. Discipline and Monitoring In 2010, NYC LAP monitored 11 bar applicants, attorneys facing disciplinary sanctions, and suspended and disbarred attorneys seeking reinstatement. In four of the formal monitoring cases, we were asked by other states (California, Florida and Indiana) to monitor attorneys who relocated to New York. We make every effort to collaborate with LAPS in every state in order to provide a network of support and recovery for lawyers. 3
2010 Statistics Total Referrals 253 Supportive counseling sessions* 1,103 Monitoring Cases 11 Formal 5 (New York, Florida, California, Indiana) Informal 6 Presentations 35 Demographics: Male 66% Female 34% Attorneys 67% Bar Applicants 13% Law students 11% Family of Attorneys 4% Other (Legal Staff, Judges) 4% Mental Health and Depression Only 23% Alcohol Only 21% Disciplinary / Character & Fitness 16% Other Issues 12% Drugs Only 6% Two or More of the Above 19% *Supportive counseling sessions Supportive counseling has become a new essential service provided by NYC LAP s Clinical Coordinator, Don Hewlett. Don sees four to five clients a day. The majority of these clients are underemployed or unemployment, lack insurance coverage or resources to pay for counseling services elsewhere. Don sees clients on an as needed basis; weekly, biweekly or monthly. 4
Number of Referrals Since 2004 Intakes In 2010 the NYC LAP received 253 intakes. Many of the intakes this year involved attorneys and law students facing the challenges of job loss, underemployment and limited career opportunities. 300 250 200 150 100 50 0 203 218 241 240 277 263 253 2004 2005 2006 2007 Year 2008 2009 2010 Number of Referrals 30 25 20 15 28 29 17 January February March April May June July August 10 5 0 21 19 21 17 24 22 24 September October November December 17 14 Referral Trends On average we received about 21 referrals each month. We were extremely busy in July and August, usually the quietest months of the year. Issues addressed In 2010 the two most common issues addressed were alcoholism and mental health problems (including: depression, anxiety, bipolar disorder, attention deficit disorder, post traumatic stress disorder, and other psychological disorders). Many clients are dually diagnosed with both substance abuse and mental health problems. Clients suffering from psychological issues often self medicate with drugs or alcohol. Multiple Issues 19% Other Issues 12% Disciplinary / Character & Fitness 17% Mental He alth Only 25% Alcohol Only 21% Drugs Only 6% 5
In addition to requests for assistance in the major categories of alcoholism, substance abuse and mental health, referrals included requests for assistance with: family and marital problems, debt management, job search and career coaching, and medical disabilities. Demographics The majority of clients who reached out to the NYC LAP were attorneys. Bar applicants who contacted us were usually recent law school graduates who had questions about their bar application. Many of the law student referrals we received were related to coping with the stress and anxiety of law school. There were also a handful of clients who contacted us originally for assistance and then became peer volunteers for NYC LAP. The category, other includes legal staff, judges and colleagues of attorneys. Attorneys 68% Other 4% Bar Applicants 13% Law Students 11% Family of Attorney 4% Male 66% Female 34% Gender The majority of clients seeking help in 2010 were male, 66% as compared with 34% female. This is consistent with past years. In 2009, 65% of the referrals were male and only 35% were female. In 2008, 69% were male and only 31% were female. Outreach In 2010 NYC LAP staff and committee members NYC LAP made 35 presentations. NYC LAP strongly supports education and awareness of addition and mental health issues beginning in law school and throughout a lawyer s career. We take advantage of every opportunity to speak about the prevalence of these problems in the profession and raise awareness about how early intervention can prevent future problems. In addition to monthly presentation to the Appellate Divisions, First department s orientation for newly admitted attorneys, the NYC LAP staff and committee member spoke at New York Law School (NYLS), Touro Law Center, Brooklyn, CUNY, Cardozo, and Columbia Law Schools. The student services dean at NYLS requested a training program for a newly formed group of second and third year students who volunteered to be Campus Advocates and mentor students in the upcoming classes. The day long training included information about communication skills, confidentiality, alcohol and drug abuse, intervention, depression, eating disorders, suicide and self care. 6
NYC LAP accepted an invitation from the outgoing Chief Council of the Appellate Division, First Department, to provide a three hour CLE program called Why Good Lawyers Do Bad Things. The program discussed the connection between addiction and serious mental illness, impairment and misconduct, and was very well received. NYC LAP was also invited back to OATH, the Administrative Judicial Institute, to educate city, state and federal administrative judges. We also participated in two CLE programs at the Brooklyn Bar and one at the New York City Bar co sponsored with Professor Marjorie Silver from the Touro Law Center Approximately 4,850 law students, lawyers, and judges were educated through these programs. New York Lawyer Assistance Trust (NYLAT) The NYC LAP Director, Eileen Travis has been a NYLAT board member since it s inception in 2000. LAP Committee Chair, Gary Reing and longstanding committee member John Koster were appointed by Chief Judge Jonathan Lippman to the board and began serving on January 1, 2011. The trust has generously provided NYC LAP with grant money to fund two positions: Don Hewlett, Clinical Coordinator and Andrea Russell, Administrative Assistant. Funding through NYLAT has helped us enhance our services in order to meet the changes, challenges and demands of the profession. Looking ahead The NYC LAP expects a busy year of programming. Already in place for this year is a four part workshop for unemployed and underemployed attorneys, focusing on the emotional turmoil associated with job loss, financial concerns, relationships and other areas of life that are affected. These workshops were successfully presented in 2010 by lawyer and psychologist, Dr. Sylvan Schaeffer who will once again The orientation program for newly admitted attorneys in the Appellate Division, First Department began January 5th, with a second session scheduled for January 26th. One to two sessions per month are projected through December 2011. Approximately 250 individuals attend each session. The City University of New York (CUNY) Law School has invited us to present to students attending a professional development workshop in April. NYC LAP will continue to collaborate with the NYSBA LAP, the Nassau Bar LAP, and their committees to promote health and wellness in the profession. We will continue to pay close attention to the referrals we receive and do everything possible to meet the needs of our clients. 7