Transcript CABA CLE 9.24.2014 Venus Mars - Charlottesville Albemarle

Lawyers Helping Lawyers
Venus and Mars:
Gender Differences in Substance Abuse and Mental Health Matters
Charlottesville-Albemarle Bar Association
September 24, 2014
Barbara Williams, Deputy General Counsel, Partner, McGuire Woods
President of Lawyers Helping Lawyers
Renu Brennan, Assistant Bar Counsel Virginia State Bar
Asha S. Pandya, Asha S. Pandya, P.C., Lawyers Helping Lawyers Board Member
Virginia’s
Lawyers Helping Lawyers
Volunteers who provide a safety
net for Virginia attorneys confronting
mental health and substance abuse issues
Survey of attorneys in Virginia found that--
33%
One third of Virginia attorneys report
~substance abuse or other mental health
problems have interfered with their personal
or professional life at some time.
Survey
Percentage of Virginia attorneys with
alcohol problems
between 9% and 12%
About LHL
What LHL Does
 Assists attorneys, judges, law students, and other legal professionals
with substance abuse and mental health matters
 Provides evaluation, assessment and referrals, peer support, and
monitoring services
 Provides preventive services through educational outreach programs
to the judiciary, law schools, law firms, bar associations, bar seminars,
and other professional entities.
 Maintains a listing of resources, programs, and health care providers
competent to work with legal professionals.
How it works--
Step III--LHL provides
Step I
Someone
identifies the
need for help
•Information
•Peer support
(individual or group)
•Intervention
•Referral to
• AA/NA/GA
•Therapist
•Rehab center
•Monitoring agreement
Contact
LHL
Step II
LHL assesses
need
Possibilities
or other
appropriate support
Attorneys’ ethical obligations
with respect to impaired attorneys
Rule 1.16
• (a) . . . a lawyer shall not represent a client or, where
representation has commenced, shall withdraw from the
representation of a client if:
. . .(2) the lawyer's physical or mental condition materially
impairs the lawyer's ability to represent the client
{Exception for court proceedings—get the judge’s permission
before withdrawing Rule 1.16}
What are your obligations when you
encounter an impaired attorney?
It depends. . .
Rule 8.3
A lawyer having reliable information 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 to practice law shall inform the appropriate
professional authority.
Does NOT apply to information obtained by LHL
for the purpose of helping the attorney. 8.3(d)
LHL CIVIL IMMUNITY
Immunity for LHL volunteers:
Good faith acts or omissions in connection
with LHL activities are immune from civil
liability.
Gender Issues in Addiction & Recovery
 What we know to be true about chemically dependent
men and women.
 Some messages that men and women receive.
 Differences and similarities in what men and women
need from treatment.
A few things we know to be true about
chemically dependent men and women
 Men are more likely to be homeless, victims of violent
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crimes, commit suicide and to die by as a result of a
violent crime
Men are 2 to 5 times more likely to develop a substanceuse disorder
Alcohol dependency exacerbates faster and with less
alcohol in women
Women are three times more likely to be prescribed a
mood altering drug for their physical or emotional
issues
Women do not access services as early into their
addictions as men
Some messages that men receive
 Men are taught that they are expendable
 That they shouldn’t express emotions
 Must succeed at all costs
 Only depend on women for their emotional needs
 They should “need” sex and that they should know how
to please their mate
 Fatherhood is not as important as motherhood
 Always appear confident and strong
Some messages that women receive
 Women are to be the primary caregiver in the family
 To put their relationships with others before their
relationship with themselves
 Depend on men for financial stability
 Take on the majority of household responsibilities even
if they are part of the workforce
 That women must maintain a certain image
emotionally, mentally and physically
Women need a treatment experience where they can
• Feel comfortable to share experiences, ideas and feelings
• Encourage each other to share
• Cooperate better than when in a mixed group
• Feel safe to share about trauma issues
• Develop a greater sense of self
• Understand how to have empathy for themselves and
feel empowered
Men need a treatment experience where they
can
 Develop an authentic self and define what that means
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to him
Challenge the idea that they must always be strong and
confident
Address the sense of being expendable and that they
must succeed at all costs
Oppose the idea that they must perform, be aggressive
and trust no one
Understand how to accept and express their emotions
Similarities about what men and women both need
from treatment
 A strong gender specific presence that is trained in
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chemical dependency, dual diagnoses and trauma
informed treatment
Treatment planning that is individualized and gender
responsive
Therapists with whom men and women can positively
identify
Assigned groups and activities based on individualized
needs
Integration of 12 Step Recovery into all aspects of
treatment
Contact LHL
24-Hour Confidential Hotline:
877-545-4682
www.valhl.org
Contact LHL
600 East Main Street
Suite 2035
Richmond, Virginia 23219
Phone: (804)644-3212
Fax: (804)644-5510
E-mail: [email protected]
www.valhl.org
Use Member Resources
 Women aren’t afraid to ask questions, so when in doubt ask!
 If you have a question about whether something may violate the Rules of
Professional Conduct (RPC), call the Ethics Hotline (804) 775-0564. The
Ethics Hotline is a confidential consultation service for members of the
Virginia State Bar. Any member of the bar may seek informal ethics or
unauthorized practice of law advice by calling the Ethics Hotline at (804)
775-0564. You will be prompted to leave a voice mail message, and your
call will be returned in the order of receipt.
 E-mail Ethics , go to www.vsb.org, Member Resources tab, Ethics
Questions and Opinions, click on E-mail Your Ethics Questions.
Depending on the complexity of your question, you will receive either an email response or a return phone call. The ethics staff strives to respond to
your questions within the same day.
Respond to the Bar
 Typically the majority of bar complaints are dismissed
because the bar complaint either did not present an issue
under the RPC or because the bar complaint alleged
minor allegations of ethical misconduct susceptible to
early resolution (my lawyer will not return my calls).
Seventy-eight percent of complaints were dismissed in
the 2013 fiscal year.
 Your participation at each stage of the process is thus
critical, because a lawyer from the Bar may call to resolve
an issue susceptible of resolution and to dismiss the
complaint before it is even sent to you for a formal
response.
What if you do receive a Bar complaint?
Respond/You Have a Duty to Do So Rule 8.1(c)
 The Bar’s Disciplinary Procedures is set forth at Part
6, Section IV, Paragraph 13 of the Rules of the
Supreme Court of Virginia.
 RPC 8.1(c) imposes an affirmative duty on attorneys
to respond to a lawful demand for information from
a disciplinary authority, except that the Rule does
not require disclosure of information otherwise
protected by RPC 1.6.
Respond Promptly and Thoroughly
 Be proactive. As tempting as it is, do not bury or ignore the bar
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complaint. Deal with the complaint, and deal with it promptly.
You have 21 days to respond to the complaint.
If you need an extension, ask. The bar typically grants reasonable
requests for extensions. Confirm the request in writing.
The disciplinary procedure is set forth at www.vsb.org, Member
Resources tab, Professional Guidelines and Rules of Professional
Conduct, Organization of the Virginia State Bar.
Knowledge is power, so know the process.
Ask questions.
Do not be afraid of the Bar.
The Bar wants and needs to understand both sides of the
story to determine whether there really is a viable
complaint of ethical misconduct.
You need to convey your side of the story.
Tips in Responding
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Be analytical, thorough, and thoughtful.
Read and review the bar complaint thoroughly.
Read the complaint several times.
Take notes, review your file, and outline a careful and
deliberate response.
Handle your complaint as you would any other client matter.
Base your response on facts not emotions.
Review the professional rules of conduct, determine which
may be at issue, and review the law and legal ethics opinions.
Answer the allegations honestly.
Provide facts, information, and documents, such as retainer
agreements and correspondence which supports your
response.
Rule 8.1(c)
 The Bar’s Disciplinary Procedures is set forth at Part
6, Section IV, Paragraph 13 of the Rules of the
Supreme Court of Virginia.
 RPC 8.1(c) imposes an affirmative duty on attorneys
to respond to a lawful demand for information from
a disciplinary authority, except that the Rule does
not require disclosure of information otherwise
protected by RPC 1.6.
Counsel
 Consider hiring a lawyer who represents lawyers in
disciplinary proceedings.
 At a minimum, review the complaint and response
with a trusted friend or colleague.
 Reach out to those whom you trust and consult with
them on how best to respond.
Response is Critical/Disciplinary Process
 The response is critical in the review of the
complaint.
 Bar counsel will review the response and share it
with the Complainant, after which Bar counsel can
either dismiss the complaint or refer the matter to
the appropriate district committee for further
investigation.
 Where the complainant is not the client, but is
opposing counsel or a judge, may affect the analysis
of what is shared in the response.
Dismissal of Complaint
 Bar counsel shall dismiss the complaint when it is clear from the
complaint, response, and any rebuttal, and any attachments and
accompanying documentation that:
1.
As a matter of law, the conduct
questioned or alleged does not constitute ethical
misconduct;
2.
The evidence available shows that
the Respondent did not engage in the
Misconduct questioned or alleged;
3.
There is no credible evidence to support any allegation
of Misconduct by the Respondent; or
4.
The evidence available could not reasonably be
expected to support any allegation of ethical
misconduct under a clear and convincing evidentiary
standard. See Paragraph 13-10.E.1-4.
What if the Complaint is Not Dismissed?
 Referred to the district committee where you
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practice for further investigation
As with your duty to respond to the complaint, you
have a duty to participate honestly in the
investigation of the complaint. See Rule of
Professional Conduct 8.1.
Participate in the investigation.
Respond promptly to the subpoena.
Bar can enforce subpoena by going before the
Disciplinary Board.
Agreed Disposition
 At every stage of the process, an attorney has the
opportunity to reach out to the Bar, either pro se or
through counsel to discuss the matter and an agreed
resolution.
 Many matters are resolved through Agreed
Disposition.
Participate in the Disciplinary System
 Volunteer to serve on the District Committee.
 After serving on a District Committee, serve on the
Virginia State Bar Disciplinary Board.
 Represent respondents.