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Session # 405
Legal Ethics and Professional Conduct
Committee Annual Program
Legal Ethics and Professional Conduct Committee
2.5 CLE Hours (1 Ethics, 1 Professionalism, .5
Substance Abuse)
May 1214, 2004
♦
Cleveland
CONTRIBUTORS
Jonathan E. Coughlan
Disciplinary Counsel,
The Supreme Court of Ohio
Columbus, Ohio
B.A., Hobart College; J.D., Case Western Reserve University School of Law. Professional Memberships:
National Organization of Bar Counsel; Columbus Bar Association; Ohio State Bar Association; American
Bar Association; Erie County Bar Association. Mr. Coughlan is Disciplinary Counsel for the Supreme
Court of Ohio. He is a frequent speaker for the OSBA CLE Institute and teaches at the National District
Attorneys Association National Advocacy Center in South Carolina.
Scott R. Mote
Executive Director
Ohio Lawyers Assistance Program, Inc.
Columbus, Ohio
B.A., Wright State University; M.A., University of Dayton; J.D., Capital University Law School.
Professional Memberships: Ohio State Bar Association (Council of Delegates, District 7; Estate Planning,
Trust and Probate Law Section; Lawyers Assistance Committee); Columbus Bar Association (Admissions
Committee; Family Law Committee; Professionalism Committee; Probate Committee); The Florida Bar
(OutofState Practitioners Division); Ohio State Bar Foundation; Columbus Bar Foundation; Franklin
County Trial Lawyers Association; Collaborative Family Law Council of Ohio; Central Ohio Association
of Criminal Defense Lawyers. Mr. Mote is Executive Director of the Ohio Lawyers Assistance Program,
Inc., which was formed by the Lawyers Assistance Committee of the Ohio State Bar Association. In
addition, he is a partner at Harris, McClellan, Binau & Cox with a general civil practice. Mr. Mote can be
contacted via phone at 8003484343 or 6144642572; fax at 6144642245; or email at
smote@hmbc.com or smote@ohiolap.org.
Professor John “Jack” P. Sahl
The University of Akron School of Law
Akron, Ohio
B.A., Boston College; J.D., University of Vermont College of Law; LL.M., Yale University School of
Law. Professional Memberships: Ohio State Bar Association (Legal Ethics and Professional Conduct
Committee); Cleveland Bar Association (Legal Ethics and Professional Conduct Committee). Professor
Sahl is the Deputy Director of the Miller Institute of Professional Responsibility and a Research Fellow of
the Constitutional Law Center at The University of Akron School of Law. He is an expert on lawyer and
judicial ethics and discipline and currently serves on the Publications Board of the ABA Center for
Professional Responsibility. Professor Sahl has served as an expert witness in lawyer malpractice and other
cases and has provided advisory opinions and preventive consultations to lawyers regarding professional
responsibility and litigation. He has authored articles on a variety of legal topics in such publications as
The Encyclopedia of Law and Religion,
and is a frequent lecturer on lawyer and judicial ethics and
discipline for CLE programs.
Geoffrey Stern
Kegler Brown Hill & Ritter
Columbus, Ohio
B.A., The Ohio State University; J.D., The Ohio State University Michael E. Moritz College of Law.
Professional Memberships: Columbus Bar Association (Professional Ethics Committee); Ohio State Bar
Association (Past Chair, Legal Ethics and Professional Conduct Committee); Columbus Bar Foundation
(Fellow); Ohio State Bar Foundation (Fellow); American Bar Foundation (Fellow). Mr. Stern practices in
the areas of legal ethics, professional responsibility, professionalism and appellate practice. He is a Special
Investigator for the Ohio Supreme Court Board of Commissioners on Character and Fitness. Mr. Stern
recently received the Columbus Bar Association’s Liberty Bell Award for community and professional
service. He is a frequent lecturer on legal ethics and substance abuse issues.
Laurence A. Turbow
Laurence A. Turbow LPA, Inc.
Cleveland, Ohio
B.S.E.D., The Ohio State University; J.D., Cleveland State University ClevelandMarshall College of Law.
Professional Memberships: Ohio State Bar Association (Family Law Committee; Legal Ethics and
Professional Conduct Committee); Cuyahoga County Bar Association (Family Law Section; Grievance
Committee; Joint Bar Admissions Committee). Mr. Turbow is also a member of the Guardian
ad Litem
Advisory Committee of the Cuyahoga County Court of Common Pleas. Mr. Turbow specializes in family
law. He is a frequent contributor to continuing legal education programs.
Ann K. Zimmerman
General Counsel,
Cleveland Bar Association
Cleveland, Ohio
Legal Ethics and Professional Conduct Committee Annual
Program
Session # 405
chapter 1
Substance Abuse, Chemical Dependency and Mental Health Concerns in the Legal Profession
Scott R. Mote
The Three Components .......................................................................................................................................1.1
The Organizations ...............................................................................................................................................1.1
Key Rules and Statutes........................................................................................................................................1.1
Funding and Other Support.................................................................................................................................1.2
Introduction .........................................................................................................................................................1.3
Disclaimer/Publication Notice.............................................................................................................................1.4
Substance Abuse, Chemical Dependency and Mental Health Concerns in the Legal Profession.......................1.5
What Are Some Functional Definitions of Addiction?.........................................................................1.5
What Are the Primary Classifications of Substance?............................................................................1.5
What Do We Mean When We Say It’s a Disease? ...............................................................................1.8
What Kind of a Disease Is It? .............................................................................................................1.10
How Will the Disease Manifest Itself? ...............................................................................................1.12
What Are the Ultimate “Personal Costs” of Doing Nothing?.............................................................1.14
What Are the Ultimate Professional Costs?........................................................................................1.15
Why Would Someone Generally Want to Avoid Treatment?.............................................................1.16
What Other Mechanisms Are Active That Help the Individual Avoid Treatment?............................1.16
What Can Be Done to Promote Recovery?.........................................................................................1.18
What Must Be Accomplished as Part of Any Recovery Program Regardless of the
Technique or Treatment Modality Selected? ........................................................................1.19
What Is the “Lawyers Support System” Aftercare Program? .............................................................1.19
What Is the Role of Alcoholics Anonymous (A.A.) and Other Programs Such as
Narcotics Anonymous (N.A.), Cocaine Anonymous (C.A.), and Allied Programs
Like Alateen and AlAnon?..................................................................................................1.21
What Are the Steps of Alcoholics Anonymous?.................................................................................1.21
What Can I Do? ..................................................................................................................................1.23
What Is the Lawyers Assistance Committee of the Ohio State Bar Association and
Its Companion Organization the Ohio Lawyers Assistance Program, Inc.? ........................1.23
How Do I Actually Contact OLAP? ...................................................................................................1.24
Conclusion ..........................................................................................................................................1.25
Are You an Alcoholic?......................................................................................................................................1.27
Test Yourself for Addiction ..............................................................................................................................1.31
Facing the Facts.................................................................................................................................................1.39
Part I....................................................................................................................................................1.39
Part II ..................................................................................................................................................1.39
Substance Abuse Linked to Attorney Misconduct..............................................................................1.39
The Facts of Addiction .........................................................................................................1.40
The Disease of Alcoholism...................................................................................................1.41
What Can You Do?...............................................................................................................1.42
The Intervention Team..........................................................................................................1.44
The Answer Is…...................................................................................................................1.45
Mental Health Concerns in the Legal Profession ..............................................................................................1.47
What Is Mental Illness?.......................................................................................................................1.47
Know the Facts from the Fiction.........................................................................................................1.47
Mental Illnesses Are Treatable! ..........................................................................................................1.48
Types of Mental Illnesses..................................................................................................................................1.51
Anxiety Disorders ...............................................................................................................................1.51
Treatments That Will Help—Not Make Things Worse ......................................................................1.55
Diagnostic Criteria for Generalized Anxiety Disorder (DSMIVTR, P. 476) ...................................1.57
ObsessiveCompulsive Disorder (OCD).............................................................................................1.58
Ask Yourself .......................................................................................................................................1.60
A Screening Test of ObsessiveCompulsive Disorder ........................................................................1.61
Prevalence ...........................................................................................................................................1.65
Diagnostic Criteria for ObsessiveCompulsive Disorder (DSMIVTR, P. 462463) ........................1.65
Help Is Available.................................................................................................................................1.66
Depression .........................................................................................................................................................1.69
What Is Depression? ...........................................................................................................................1.69
Depression...........................................................................................................................................1.69
What Causes Depression? ...................................................................................................................1.70
There Is Help.......................................................................................................................................1.70
Facts on Depression...........................................................................................................................................1.71
What Is Depression? ...........................................................................................................................1.71
Types of Depression............................................................................................................................1.71
What Are the Symptoms of Depression? ............................................................................................1.71
Treatment of Depression .....................................................................................................................1.72
Economic and Social Costs of Depression..........................................................................................1.72
Depression and Seniors .......................................................................................................................1.72
Adolescent and Child Depression .......................................................................................................1.73
Depression and Women ......................................................................................................................1.73
Depression and Suicide .......................................................................................................................1.73
Verbal and Behavioral Clues Someone May Be Contemplating Suicide..........................................................1.74
Verbal Clues........................................................................................................................................1.74
Behavioral Clues .................................................................................................................................1.74
Depression .........................................................................................................................................................1.75
Major Depressive Episode ..................................................................................................................1.75
Dysthymic Disorder (DSMIVTR, PGS. 380381) ...........................................................................1.77
Criteria for Manic Episode (DSMIVTR, P. 362) .............................................................................1.78
Bipolar Disorder ................................................................................................................................................1.79
What Is Bipolar Disorder? ..................................................................................................................1.79
Facts About Bipolar Illness.................................................................................................................1.79
Symptoms............................................................................................................................................1.80
Bipolar Illness Is Often Unrecognized ................................................................................................1.81
Treatment Is Effective (National Institute of Mental Health, 1995) ...................................................1.82
Getting Treatment ...............................................................................................................................1.82
Bipolar Disorder Not Otherwise Specified (DSMIVTR, P. 400401)..............................................1.82
Adult Attention Deficit Disorder.......................................................................................................................1.83
Characteristics of Adults with AD/HD ...............................................................................................1.83
Attention Deficit/Hyperactivity Disorder—Diagnostic Features ........................................................1.84
Diagnostic Criteria for Attention Deficit/Hyperactivity Disorder.......................................................1.85
Which Conditions Most Commonly CoExist with AD/HD?.............................................................1.87
The Prognosis......................................................................................................................................1.87
After Diagnosis, What Then?..............................................................................................................1.87
Dual Diagnosis ..................................................................................................................................................1.89
What Is Dual Diagnosis?.....................................................................................................................1.89
Mental Illness ......................................................................................................................................1.89
Disorder/Drugs of Abuse ....................................................................................................................1.89
Both Problems Can Be Successfully Treated!.....................................................................................1.90
Why Learn About Dual Diagnosis? ....................................................................................................1.90
Why Do Some People Have a Dual Diagnosis? .................................................................................1.90
No Matter What the Cause, the Problem Can Be Treated...................................................................1.91
Look for Warning Signs......................................................................................................................1.91
Getting Help Makes Sense ..................................................................................................................1.91
chapter 2
Legal Ethics
Geoffrey Stern
Why Is Legal Ethics So Hot a Topic? .................................................................................................................2.1
Relation of Legal Ethics and Legal Malpractice .................................................................................................2.1
Resource Materials—Rely on More Than Your Buddy......................................................................................2.2
Selected Code Provisions That May Be Crucial to Practitioners ........................................................................2.4
Nature of Ethical Enforcement............................................................................................................................2.6
Ohio Disciplinary Procedure for Attorneys—
See
Guttenberg and Snyder,
The Law of Professional
Responsibility in Ohio
(Anderson’s 1992), Chapter 13 ........................................................................2.7
Recent Developments
in Ohio, as Regularly Reported in the
Ohio State Bar Association Report
,
Are Contained in the Attached Summary of “Ohio Cases” ................................................................2.11
Ohio Cases.........................................................................................................................................................2.13
chapter 1
Substance Abuse, Chemical Dependency
and Mental Health Concerns in the Legal
Profession
Scott R. Mote
Executive Director, Ohio Lawyers Assistance Program, Inc.
Harris, McClellan, Binau & Cox PLL
Columbus, Ohio
Stephanie S. Krznarich
Associate Director, Ohio Lawyers Assistance Program, Inc.
Columbus, Ohio
Paul A. Caimi
Associate Director, Ohio Lawyers Assistance Program, Inc.
Paul A. Caimi Co., LPA
Cleveland, Ohio
Substance Abuse • 1.1
chapter 1
Substance Abuse, Chemical Dependency
and Mental Health Concerns in the Legal
Profession
Scott R. Mote
1
Executive Director, Ohio Lawyers Assistance Program, Inc.
Harris, McClellan, Binau & Cox PLL
Columbus, Ohio
Stephanie S. Krznarich
2
Associate Director, Ohio Lawyers Assistance Program, Inc.
Columbus, Ohio
Paul A. Caimi
3
Associate Director, Ohio Lawyers Assistance Program, Inc.
Paul A. Caimi Co., LPA
Cleveland, Ohio
Ohio’s integrated program:
The legal professions response to substance abuse, chemical dependency and mental health
concerns in Ohio
I. THE THREE COMPONENTS
A. Education.
B. Advice and intervention assistance.
C. Treatment and aftercare support.
II. THE ORGANIZATIONS
A. The Lawyers Assistance Committee of the Ohio State Bar Association.
B. The Ohio Lawyers Assistance Program, Inc. (OLAP).
C. The Lawyers Support System.
III. KEY RULES AND STATUTES
A. Gov. Rule I, § 3(E)(2).
One hour of instruction to sit for bar examination.
1.2 • Legal Ethics and Professional Conduct
B. Gov. Rule X, § 3(A).
CLE requirements.
C. DR 1103(C).
Confidentiality.
D. Ohio Rev. Code § 2305.28.
Qualified immunity for intervention participant.
E. Gov. Rule V, § 9(B).
Monitoring.
IV. FUNDING AND OTHER SUPPORT
A. The Supreme Court of Ohio.
B. The Ohio State Bar Association.
C. Ohio Bar Liability Insurance Company (OBLIC).
D. Local bar associations.
Substance Abuse • 1.3
INTRODUCTION
Since 1990 OLAP has assisted Ohio’s judges, lawyers and law students obtain
appropriate treatment for substance abuse and chemical dependency. Over 700 men
and women have been helped. Recognizing that an impaired lawyer negatively affects
nine other people each day, over 6300 men, women and children have somehow been
touched by OLAP.
OLAP and the profession in recent years have observed an increasing number of
attorneys who not only have substance abuse problems, but also mental health
problems. In addition, OLAP recognized that there are a growing number of attorneys
who are suffering from untreated mental health illnesses, and who do not have a
substance abuse problem, but need someone to intervene and help them seek
appropriate treatment. Such untreated problems not only affect them and their
families, but may also affect their clients.
The American Bar Association surveyed attorneys in 1990. Among the startling
statistics at that time were that
A. Onethird of practicing lawyers suffer from depression, making lawyers 510
times more likely than other professionals to suffer from a major depressive
disorder;
B. Eighteen to twenty percent of lawyers suffer from alcoholism, compared with
10% of the rest of Americans. After 20 years of practice, the rate rises to 25%.
Alcohol and drug problems cause half the disciplinary cases involving lawyers
(
Wall Street Journal
, 11/30/90); and
C. Lawyers are twice as likely as other professionals to commit suicide.
Florida Coastal School of Law Professor Susan Daicoff (formerly at Capital
University Law School), who is also a psychologist, has studied this issue. In an
article she wrote, which was published in
The Georgetown Journal of Legal Ethics
in
Spring. 1998, she states the following
D. Incidence of Substance Abuse and Depression Among Lawyers.
A serious influence complicating and compounding the...crisis is the
incidence in substance abuse and depression among lawyers.
Estimates of the frequency of substance abuse problems, including
alcoholism, among lawyers range from three to thirty times that of
the general population. About nine to ten percent of the general
population in the United States is alcoholic, while empirical studies
consistently show that about eighteen percent of lawyers and law
students are alcoholic. Similarly, while three to nine percent in the
general population in the United States is clinically depressed, as
much as nineteen to twenty percent of practicing attorneys is
depressed. A 1986 study found that only about ten percent of
entering law students exhibited significant symptoms of
psychological problems including depression, anxiety, hostility,
paranoia, and obsessivecompulsive symptoms, but this percentage
jumped dramatically to 32% by the end of the first year of law
1.4 • Legal Ethics and Professional Conduct
school. By the end of the third year of law school it was 40%, and
two years after graduation it was 17.9%. A 1995 study replicated
these findings and found that problems did not significantly abate
after the individuals entered the practice of law. Depression, anxiety,
social isolation and alienation, hostility, paranoid ideation, and
obsessivecompulsive symptoms were more frequent in attorneys
than in the general population. Thus, a greater than average
percentage of attorneys (as a group) is psychologically impaired in
some way. Further, it appears that while the problems often do not
appear until the first year of law school, lawyers do not return to
their prelaw school level of psychological health after graduation.
(Pages 555557.)
In one of Professor Daicoff’s footnotes, she cites a study by Connie A. Beck which
was published in 19951996. Ms. Beck’s findings are as follows.
Base Rate
Among Lawyers
Male Female Male Female
Depression 8.5% 14.1 % 21% 16%
Anxiety 4% 4% 30% 20%
ObsessiveCompulsive 1.4%2% 1.4%2% 21% 15%
Based upon the Ohio State Bar’s experience and the empirical information cited
above, OLAP sought and received additional support from The Supreme Court of
Ohio to assist those in the profession with mental illness. Professional staff has been
added, and additional professional assistance across the state is being secured. The
purpose of this publication is to provide you with information, education and
resources if you or someone else in the profession is in need of assistance.
DISCLAIMER/PUBLICATION NOTICE
This publication was funded by The Supreme Court of Ohio. However, the opinions
expressed in this publication do not necessarily reflect the position of the Court, and
no endorsement of the Court should be inferred.
These materials are published as part of the Ohio Lawyers Assistance Program, Inc.’s
(OLAP) educational services. The purpose of this publication is to provide Ohio’s
legal profession with information, education and resources. This publication is not to
be used to selfdiagnose or to diagnose others. Contact OLAP for further assistance.
This publication does not reflect the position of the Ohio State Bar Association or
Ohio Bar Liability Insurance Company.
Substance Abuse • 1.5
SUBSTANCE ABUSE, CHEMICAL DEPENDENCY AND MENTAL HEALTH
CONCERNS IN THE LEGAL PROFESSION
I. WHAT ARE SOME FUNCTIONAL DEFINITIONS OF ADDICTION?
A. The inability to stop the use of the substance or behavior in question; the
perceived inability to stay stopped.
B. Behavior characterized by
1. Compulsion: an internal demand beyond intellectual resource or
understanding;
2. Loss of control over amount consumed; and
3. Continued use or activity despite adverse consequences.
C. Another way of saying it.
Psychoactive Substance Dependence (Addiction).
The essential feature of this disorder is a cluster of cognitive, behavioral, and
physiological symptoms that indicate that the person has impaired control of
psychoactive substances and continues to use the substance(s) despite adverse
consequences.
D. A related term.
Psychoactive Substance Abuse.
Psychoactive Substance Abuse is a residual category for noting maladaptive
patterns of substance use that have never met the criteria for dependence.
II. WHAT ARE THE PRIMARY CLASSIFICATIONS OF SUBSTANCE?
The Diagnostic and Statistical Manual of Mental Disorders (DSMIVTR) (American
Psychiatric Association, 2000) has divided substances into 11 categories.
A. Alcohol—drug in liquid form;
B. Sedatives, hypnotics and
antianxiety
drugs—sleeping pills and “nerve
medication”;
Barbituates
Benzodiazepines
Date Rape Drugs
Seconal Zolpidem (Ambien) GHB (Georgia Homeboy, Grievous
Bodily Harm)
Pentobarbital
(Nembutal)
Flurazepam (Dalmane) Flunitrazepam (Rohypnol) (“Roofies,”
“Roffirs,” “Rophirs,” “Roche,” “Forget
Me Pill”)
1.6 • Legal Ethics and Professional Conduct
Tuinal Lorazepam (Ativan) (
See
Ecstacy under amphetamines and
hallucinogens since it has both properties.
It is not classified as a sedative hypnotic.
Phenobarbital
(Luminal)
Clorazepate (Tranzene)
Secobarbital (Amytal) Chlordiazepoxide
(Librium)
Anembutal Oxazepam (Serax)
Butalbital (Fiorinal,
Fioricet)
Alprazolam (Xanax)
Meprobamate (Equanil,
Miltown)
Butabarbital (Butisol) Diazepam (Valium)
Talbutal (Lotusate) Triaxolam (Halcion)
Mephobarbital
(Mebaral)
Estazolam (ProSam)
Methohexital
(Brevital)
Quazepam (Doral)
Thiamylal (Surital) Temazepam (Restoril)
Thiopental (Pentothal) Halazepam (Paxipam)
Prazepam (Centrax)
Midazolam (Versed)
Clonazepam (Klonopin)
Older sedative hypnotics (not readily available).
Golutethimide (Doriden)
Noludar
Methaqualone (Quaalude, Soper)
Placidyl
C. Cannabis/marijuana/hashish/hash oil;
D. Cocaine/Crack;
Substance Abuse • 1.7
E. Amphetamines (stimulants and sympathomimetics);
Methamphetamine/”Crank”/”Ice”(smokable)/”Crystal”/”Chalk”/
“Fire”/”Glass”
Ritalin (Metadate, Methylini)
Preludin (“Ecstacy”)
Aderol
Cylert
F. Hallucinogens;
LSD
Psilocybin and Psilocyn
Mescaline and Peyote
DMT
MDMA (“Ecstacy,” “XTC,” “Adam,” “Essence,” “Clarity,” “Lover’s Speed”)
G. Inhalants;
Gasoline, glue, paint thinners, spray paint, cleaners, typewriter correction
fluid, spraycan propellants, nitrous oxide (“whipits”), amyl and butyl nitrate
(“poppers,” “locker room”).
H. Caffeine;
I. Nicotine;
J. Opiates; and
Thebaine Loret Tussionex
Anexsia Hycodan Hycomine
Hydrocodone Oxymorphene Nalbuphine
Nalonone Naltrexone Tylos
Lortab Hydromorphone Morphine (Roxanol)
Heroin Darvon Codeine
Dilaudid Demerol Oxycodone
Meperidine Percodan Methadone
Pentazocine Buprenorphine Fentanyl
Oxycontin Duragesic patch (Fentanyl)
Codeine Vicoden Percocet
Lomotil Paragoric MSIR
MSContin
K. Phencyclidine (PCP, Hog, Tranq, Angel Dust and PeaCe Pill), Sernyl
Arylcyclohexylamine.
Ketamine (Ketalar, Ketaject, “Special K,” “K,” “Vitamin K,” “Cut Valiums”)
Cyclohexamine
Dizocilpine
1.8 • Legal Ethics and Professional Conduct
III. WHAT DO WE MEAN WHEN WE SAY IT’S A DISEASE?
A. Since 1956, the American Medical Association has considered alcoholism (or
chemical dependency) to be a disease, and the American Bar Association’s
Commission on Lawyers Assistance Programs has adopted this model as well.
B. Alcoholism is a primary, chronic, disease with genetic, psychosocial and
environmental factors influencing its development and manifestations. The
disease is often progressive and fatal. It is characterized by continuous or
periodic impaired control over drinking, preoccupation with the drug alcohol,
use of alcohol despite adverse consequences and distortions in thinking, most
notably denial. (American Society of Addiction Medicine (ASAM), National
Council on Alcoholism and Drug Dependency (NCADD), 1990.)
C. What are the principal characteristics of the disease?
1. Primary disease.
The disease itself causes the drinking or drug use. It is not secondary
to some other disease of mental illness,
etc.
2. Chronic.
There is no cure for the disease, but it can be treated and controlled.
3. Progressive.
The disease always gets worse, it does not get better and there is no
turning back and beginning all over again as if one never drank or
used.
4. Fatal.
This is a fatal disease if not controlled. It always leads to premature
death and serious health problems even if the death certificate
indicates the cause of death to be one of the complications of the
disease,
e.g
., heart problems, liver failure, bleeding ulcers, cancers,
etc.
5. Treatable.
The disease can be controlled if the drinking or drug use is stopped. It
is much like diabetes in the sense that if body chemistry is stabilized
by not drinking or using, then the alcoholic may lead a normal life.
Recovery rate among the general population who have undergone
appropriate treatment is around 70% and among some professional
groups (including lawyers) as high as 90%.
Substance Abuse • 1.9
D. What are the diagnostic criteria for substance abuse according to the DSM
IVTR (page 199)?
1. A maladaptive pattern of substance abuse leading to clinically
significant impairment or distress, as manifested by one (or more) of
the following within a 12month period.
a. Recurrent substance use resulting in a failure to fulfill major
role obligations at work, school, or home (
e.g
., repeated
absences, poor performance, suspensions from school, neglect
of children);
b. Recurrent substance use in situations in which it is physically
hazardous (
e.g
., driving, operating a machine, hunting,
boating);
c. Recurrent substancerelated legal problems (
e.g
., arrests); and
d. Continued use despite having persistent or recurrent social or
interpersonal problems caused or exacerbated by the effects of
the substance (arguments with spouse, physical fights).
2. The symptoms have never met the criteria for substance
dependence/addiction for this class of substance.
E. What are the diagnostic criteria for substance dependence (addiction)
according to the DSM IVTR (page 197)?
A maladaptive pattern of substance use, leading to clinically significant
impairment or distress, as manifested by three (or more) of the following,
occurring at any time in the same 12month period.
1. Marked tolerance: need for markedly increased amounts of the
substance in order to achieve intoxication or desired effect, or
markedly diminished effect with continued use of the same amount;
2. Characteristic withdrawal symptoms (increased pulse, respirations,
blood pressure, tremors, nausea, vomiting, diarrhea, constipation,
sweats). Use of substance to relieve or avoid withdrawal symptoms;
3. Substance is often taken in larger amounts or over a longer period than
the person intended;
4. Persistent desire or one or more unsuccessful efforts to cut down or
control substance use;
5. A great deal of time spent in activities necessary to get the substance,
take the substance, or recover from its effects;
6. Important social, occupational, or recreational activities given up or
reduced because of substance use; and
1.10 • Legal Ethics and Professional Conduct
7. The substance use is continued despite knowledge of having a
persistent or recurrent physical or psychological problem that is likely
to have been caused or exacerbated by the substance (
e.g
., current
cocaine use despite recognition of cocaineinduced depression, or
continued drinking despite recognition that an ulcer was made worse
by alcohol consumption).
F. Substance abuse versus substance dependence.
1. Unlike the criteria for substance dependence, the criteria for substance
abuse do not include tolerance, withdrawal or a pattern of compulsive
use and only include the harmful consequences of repeated use. DSM
IVTR, p. 198.
2. Substance abuse is more likely in individuals who have begun to use
substances recently. DSM IVTR, p. 206.
3. Treatment, education and abstinence are critical for one diagnosed
with substance abuse for at least three primary reasons.
a. To ensure the safety of the individual, the individual’s family
and the public;
b. Because the diagnosis of substance abuse indicates that the
abuser is, for practical purposes, “out of control” due to
“repeated” use in situations where use is inappropriate, harmful
and even life threatening. Such “repeated” use may be
tantamount to and easily confused with “compulsive” use
which indicates dependence; and
c. Because substance abuse often evolves into substance
dependence. DSM IVTR, p. 206.
IV. WHAT KIND OF A DISEASE IS IT?
A. It is a genetic and biochemical disease.
Just since 1980, there have been hundreds of studies and scholarly papers
(including the discovery of perhaps one of the actual genes) corroborating a
genetic or familial predisposition to the disease.
B. Two genetic varieties of the disease.
1. Highly heritable.
a. More likely in the male line.
b. Person can be alcoholic from first use or first drink.
c. Children as young as eight years of age or younger can be
alcoholic or drug dependent.
Substance Abuse • 1.11
d. If you have one parent who is an alcoholic/addict, you have a
50% chance of being chemically dependent. If you have two
parents who are chemically dependent, you have an 80%
chance of becoming an alcoholic and/or an addict.
2. Milieu limited.
a. More likely to come on in 30s or 40s after a more prolonged
period of use (average period being seven years).
b. Can be associated with crisis events in life and inability to
control amount used.
C. Biochemistry issues.
1. Brain chemistry affects how one feels.
How do the alcoholics or drug dependents feel that they want to drink
for relief? Alcoholics are stimulus augmenters and live in a world that
is too loud.
2. Brain wave studies.
Low amplitude “Pd” brain waves are too low or are missing. These
waves affects cognitive ability to tolerate, interpret, and utilize stress.
“Alpha” waves are also deficient or absent.
3. Brain chemistry.
a. Neurotransmitter and opioid deficiencies.
Is there something else missing that normally affects feeling
good? In alcohol craving rats, there is a serotonin deficiency.
Serotonin is a major “feel good” compound in the brain.
The brain has morphine receptor sites because it makes some
form of endogenous morphine—these are the endorphines we
produce,
e.g
., “runner’s high.” Spinal fluid of an alcoholic is
deficient in “feel good” endorphines.
Alcoholic rats are deficient in enkephalines as well—these are
other “feel good” chemicals in the brain.
Some research shows deficiencies in still others like
noradrenaline.
b. At first, alcohol makes the alcoholic feel normal.
The alcoholic therefore begins to feel good or normal, like
normal people, after he or she has begun to drink and the
alcohol has begun to affect the amount of these feel good
chemicals in the brain.
1.12 • Legal Ethics and Professional Conduct
But this is also the point at which the alcohol becomes a double
bind because other chemical reactions going on in the
alcoholic’s chemical system begin to set up the craving process
for more and more alcohol.
c. Then the craving process begins. This craving is the alcoholic’s
allergic response.
When the alcohol is enough to overcome the normal
metabolism of acetaldehyde there is production of dopamine
(new gene research involves dopamine receptors) resulting in
THIQ which when given to rats will cause them to drink
themselves to death. In spinal fluid of an alcoholic, the THIQ is
1000 times greater than normal. Conclusion, craving can be
explained biochemically.
D. Psychological aspects of the disease.
1. There is no alcoholic personality profile—the alcoholic personality
does not exist.
2. But there is evidence of poor identification with the parent of the same
sex as a result of death, or parent’s alcoholism, or parent’s
workaholism.
This is the parent from whom we should learn our coping skills at the
earliest age. Therefore, the alcoholic may not be learning good stress
coping skills while also being genetically and biochemically
predisposed to stimulus augmentation.
E. Social aspects of the disease.
1. Our society promotes and condones drinking and drug use.
2. The 10% to 20% of the general population who are at risk for
alcoholism or chemical dependency see advertisements,
etc.
, just like
the other 80% to 90% who can handle alcohol in moderation.
3. Additionally, peer pressure to use easily available drugs is rampant
among children, youth, and teens—perhaps the single biggest factor
for beginning use.
V. HOW WILL THE DISEASE MANIFEST ITSELF?
A. Home and family.
1. Heavy drinking/using—high tolerance.
2. Hide drug/alcohol—secret use.
3. Broken promises to quit.
Substance Abuse • 1.13
4. Behavior excused by family and friends (enablers, hero, scapegoat,
mascot and lost child).
5. Mood swings and inconsistency.
6. Fights, arguments, violent outbursts, temper.
7. Drinking or drug use more important than other activities.
8. Children neglected, abused, or in trouble themselves, often with
alcohol or drugs.
9. Sexual problems: no sex—rejection; impotence; affairs—change in
value system.
10. Withdrawn, isolation and fragmentation of social and family life.
11. Family isolates itself from social supports.
12. Financial problems,
e.g
., getrichquick schemes, trouble with IRS and
creditors.
13. Spouse in psychotherapy or taking psychoactive medications.
14. Separation or divorce.
B. Community and professional.
1. Isolation and withdrawal from service clubs, church involvement,
community activities, hobbies, leisure activities, old friends.
2. Withdrawal from bar association work and not completing continuing
legal education.
3. Embarrassing behavior at clubs, parties, social functions, fundraisers.
4. Neglect of social commitments.
5. Financial difficulties and inappropriate spending.
6. Legal problems, OMVI, arrest, IRS.
7. Exaggerating work accomplishments and finances.
8. Missed legal deadlines (statute of limitations, motions).
9. Late for/missed court appearances/depositions.
10. Intoxicated after lunch.
1.14 • Legal Ethics and Professional Conduct
C. Office conduct.
1. Disruption of appointment schedule.
2. Hostile, withdrawn, unreasonable behavior to staff and clients.
3. Office staff assumes responsibility generally taken by attorney.
4. Power struggle within office staff.
5. Decrease in efficiency.
6. Stays late after office hours.
7. Absence from office unexplained or due to illness.
8. Complaints by clients to staff regarding behavior—alcohol on breath,
slurred speech.
9. Drinking or drug
taking at office.
10. “Locked door syndrome”—mood swings.
11. Experiences blackouts—forgotten phone calls.
12. Gossip regarding behavior changes.
D. Physical status.
1. Deterioration in personal hygiene.
2. Deterioration in clothing and dressing habits.
3. Accidents.
4. Multiple physical signs and complaints.
5. Frequent visits to physicians/psychologists.
6. Pupil and eye change.
7. Inappropriate tremulousness or sweating.
VI. WHAT ARE THE ULTIMATE “PERSONAL COSTS” OF DOING
NOTHING?
A. Loss of physical, emotional, spiritual health for the alcoholic/addict, and
usually his or her family.
Substance Abuse • 1.15
B. Codependence and psychologically damaging roles in the alcoholic’s/addict’s
family such as the
1. Enabler, who suffers the stress created by continually covering up for
alcoholic/addict;
2. Hero, who is typically an older child who feels he or she has to excel
at everything to save the family reputation; this facade masks internal
feelings of inadequacy and anger;
3. Mascot, who acts the role of a clown to divert attention from the
alcoholic/addict, but suffers repressed hurt and guilt;
4. Lost child, who intensely withdraws into a private fantasy life;
internalizing loneliness and feeling unimportant; and
5. Scapegoat, who tries to take the focus off of the alcoholic/addict by
getting into trouble thereby masking an internal sense of fear.
1
C. Damage to or loss of marriage.
D. Damage to or loss of parentchild relationships.
E. Loss of friends.
F. Sometimes OMVIs.
G. Sometimes suicide.
VII. WHAT ARE THE ULTIMATE PROFESSIONAL COSTS?
A. If nothing else, loss of real potential.
B. Eventually minor or isolated ethical problems—not yet real neglect because
isolated.
C. Eventually it can cause
1. Actionable misconduct;
2. Patterns of neglect;
3. Competency issues; and
4. Loss of professional license, income,
etc.
D. Remember, some of the things most likely to cause professional problems are
1. Marital problems;
1
Information taken from
The Family Trap
by Sharon Wegscheider, Johnson Institute, 1976.
1.16 • Legal Ethics and Professional Conduct
2. Financial problems;
3. Bad judgment; and
4. Inappropriate disposition.
5.
Alcoholism/Addiction Causes All of These!
VIII. WHY WOULD SOMEONE GENERALLY WANT TO AVOID TREATMENT?
The nature of the mechanism of disease activation may involve certain activities that,
due to the patient’s world view or the law, has the patient
A. Thinking that the disease is sinful;
B. Thinking that the disease is based on weakness;
C. Thinking that it would only happen to an idiot;
D. Involved in criminal activity;
E. Thinking that it happens only to people who are “psychiatrically disturbed”;
or
F. The perception of going to treatment involves a selfassessment more of
wrongness than rightness. Note: Other volitional acts of irresponsibility often
go uncondemned by others. When the hypertensive is noncompliant with
diet, weight, medication, and smoking there is much more understanding
when they enter the hospital than the untreated alcoholic/addict.
IX. WHAT OTHER MECHANISMS ARE ACTIVE THAT HELP THE
INDIVIDUAL AVOID TREATMENT?
A. Irrational beliefs.
1. I cannot afford to go to treatment.
2. I’m not that sick.
3. I can quit any time I want.
4. Drinking is not my problem, my wife (my husband) is…
etc.
5. I’ll be branded for life if I go to treatment.
6. I’m not as bad as my partner.
7. My associates drink more than I do!
8. I may be a heavy drinker, but....
9. I may get drunk once in a while, but I’m not an alcoholic.
Substance Abuse • 1.17
10. I only use cocaine recreationally.
11. My psychiatrist says I drink because of my anxiety disorder, see he
even put me on...Valium or Xanax.
12. No way. My dad (my mom) was alcoholic and I’m nothing like him
(or her).
13. I think everyone is overreacting.
14. It was 0.22, but the cop was pulling everyone over.
15. I did a lot of drugs experimentally as a kid, but.…
16. I promise I’ll come in for treatment after we close this deal.
17. Its only marijuana, we all know that it’s basically harmless.
B. Defense mechanisms which are normal to all persons can be used by the
alcoholic so as to blind himself or herself to reality.
1. Denial—“cannot be true” regardless of factual evidence.
2. Minimizing—making something less important.
3. Externalizing—blaming
external factors.
4. Rationalizing—giving excuses.
5. Intellectualizing—lengthy intellectual reasons and arguments.
6. Displacement—taking it out on others.
7. Active negativism—refusing to do.
8. Defocusing—wasting time on outside issues.
9. Projection—planning results.
10. Passive negativism—inaction.
11. Fantasizing—day dreaming.
12. Hopeful expectation.
13. Manipulating.
14. Undoing.
15. Generalizing.
16. Omnipotent devaluation.
1.18 • Legal Ethics and Professional Conduct
C. Enablers.
Individuals who possess the same irrational beliefs and pathological defense
mechanisms as the patient, who nonetheless facilitate the patient’s avoidance
of treatment.
1. Active enabling.
Purchasing or acquiring the chemical for the individual when he or she
is too sick or indisposed to acquire the drug themselves.
2. Passive enabling.
Not acknowledging or exposing the reality of what is going on with
the chemically dependent person.
3. Iatrogenic enabling.
The physician who does not diagnose the disease even when obvious
or substitutes a second mood altering substance for the primary one.
Treating cocaine dependency as a Bipolar illness with Lithium, or
alcoholism as an anxiety disorder with Xanax, Valium or Ativan.
4. Enabling by omission.
The OMVI offender who is referred to a diversion program when the
blood alcohol level of record is sufficient to diagnose alcoholism.
X. WHAT CAN BE DONE TO PROMOTE RECOVERY?
A. Speaking to the person—often does not work.
B. Intervention.
Collaboration of family, friends and colleagues who identify negative changes
in the individual and its impact on relationships and professionalism
prompting the impaired individual to seek help. Requires professional
assistance—call OLAP.
C. Treatment—options.
1. Selfhelp groups (Alcoholics
Anonymous (A.A.), Narcotics
Anonymous (N.A.), Cocaine Anonymous (C.A.), AlAnon, Alateen).
2. Intensive outpatient.
3. Residential inpatient.
4. Residential inpatient followed by extended followup in halfway house
care.
5. Detoxmedically managed and monitored detoxification from the
substance(s) most often requiring hospitalization.
Substance Abuse • 1.19
XI. WHAT MUST BE ACCOMPLISHED AS PART OF ANY RECOVERY
PROGRAM REGARDLESS OF THE TECHNIQUE OR TREATMENT
MODALITY SELECTED?
A. Self diagnosis.
You cannot treat what the patient does not think he or she has or needs to be
treated.
B. Education.
Appropriate facts about the disease of addiction lessen the general obstacle or
resistance to self diagnosis.
C. Self treatment.
The patient should be empowered with the tools to maintain abstinence and/or
avoid relapse.
D. Self responsibility.
The essence of achieving longterm remission via dealing with life’s problems
through a spiritually based self help/support program.
XII. WHAT IS THE “LAWYERS SUPPORT SYSTEM” AFTERCARE
PROGRAM?
A. Lawyers Support System (LSS) is a program through which the Ohio Lawyers
Assistance Program, Inc. (OLAP) will provide the following services for
chemically dependent lawyers who are enrolled.
1. Track lawyers through treatment, confirming admission to and
successful completion of treatment;
2. Assist the treatment provider in structuring aftercare and discharge
planning for lawyers receiving treatment;
3. Provide assistance for
the lawyer’s entry into appropriate aftercare and
professional peer support meetings;
4. Assist the lawyer in obtaining a primary care physician;
5. Establish a random urine drug screening program;
6. Track the lawyer’s aftercare, peer support, and 12step meeting
attendance;
7. Provide assistance to the lawyer in obtaining a local LSS mentor
attorney, who is in recovery;
8. Provide documentation of compliance by the lawyer to those persons
and/or agencies as required;
1.20 • Legal Ethics and Professional Conduct
9. Provide advocacy for those lawyers who are compliant with the
requirements of the program; and
10. Inform OLAP of the status of attendance/compliance.
B. OLAP/LSS will implement the program in the following manner.
1. Upon entrance by the lawyer into treatment, OLAP/LSS will contact
the treatment provider requesting a letter documenting admission,
progress reports, and documentation of successful completion of
treatment. If the lawyer should leave treatment against medical advice
or leave treatment before recommended treatment is completed, the
treatment provider will be requested to contact OLAP/LSS
immediately. The lawyer shall provide OLAP/LSS with a written
release to such treatment provider allowing it to inform OLAP/LSS of
the lawyer’s status at all times.
2. As the lawyer nears the completion of treatment, OLAP/LSS will work
with the treatment provider in formulating a discharge and aftercare
plan as it relates to the lawyer’s obligations as a participant in
OLAP/LSS. This would include arranging a visit to the lawyer by a
local OLAP/LSS liaison attorney for signing of OLAP/LSS contract.
3. As the lawyer nears the completion of treatment, OLAP/LSS will
provide the treatment provider and the lawyer with a list of
OLAPapproved aftercare providers and professional peer support
groups to be incorporated into the aftercare plan.
4. OLAP/LSS will provide the lawyer with a list of physicians in his or
her area who are knowledgeable of chemical dependency and who will
provide primary medical care or consultation as required.
5. After the completion of treatment, OLAP/LSS will contact the lawyer
on a regular, predetermined basis for monitored submission of any of
the following: random urine drug screen, body fluid analysis, and/or
breathalyzer test. The urine and/or body fluid test(s) will be forwarded
to a National Institute of Alcoholism and Drug Abuse approved
laboratory following established legal chain of custody. The results of
the tests will be forwarded to OLAP/LSS by the laboratory on a
predetermined, timely basis. OLAP/LSS will be notified of any
positive test results. Results of breathalyzer tests will be forwarded to
OLAP/LSS by the local agency (hospital, treatment center,
etc.
) that
administers the test.
6. Approved aftercare providers will be requested to provide monthly
written reports on the lawyer’s compliance with attendance.
7. OLAP/LSS will provide the lawyer with the name of a local member
of the OLAP/LSS who will act as a mentor attorney. The lawyer will
be required to contact the mentor attorney on a weekly basis or other
to report his or her progress in recovery. This contact may be made by
phone or in person. The mentor attorney will provide OLAP/LSS with
status updates on a regular basis.
Substance Abuse • 1.21
8. OLAP/LSS will provide documentation of the lawyer’s compliance
and continuing recovery on a regular basis to any persons or agencies
in need of such reports.
9. OLAP/LSS will provide documentation of the lawyer’s compliance
and continuing recovery, and may assume an advocacy role in
situations when required. This could include appearances with the
lawyer before courts, disciplinary proceedings, agencies, employers,
potential employers, law partners,
etc.
10. OLAP/LSS may take such other actions and impose such additional
requirements on the lawyer as it in good faith deems necessary to
monitor the lawyer’s recovery and to protect and preserve the integrity
of the OLAP/LSS.
XIII. WHAT IS THE ROLE OF ALCOHOLICS ANONYMOUS (A.A.) AND
OTHER PROGRAMS SUCH AS NARCOTICS ANONYMOUS (N.A.),
COCAINE ANONYMOUS (C.A.), AND ALLIED PROGRAMS LIKE
ALATEEN AND ALANON?
It is not our purpose to try to explain entirely how A.A. works, but it is a grassroots
approach to alcoholism treatment that actually works where many times all else has
failed. There is no general consensus as to why it works. But, it has had a striking
effect on society since its advent. This particular program addressed living, in the
word’s fullest sense, without alcohol
via
a 12step spiritual program. The program has
its roots in the JudeoChristian ethic. Yet the religious caveats and moralizing are
absent,
and even an agnostic or atheist can be in the program
. What the founders of
A.A. discovered is that two or more alcoholics could help each other stay sober and
succeed where the individual acting on his own would fail. Thus, while there are
strong opinions about A.A., most of which are expressed outside the meetings and
outside of the principles on which the program was built, as long as it actually works
it must rank as the preeminent approach to the treatment of this particular problem.
We would recommend to all of you, if you have not already done so, that you
acquaint yourself with the fundamentals of the program.
Further, membership in A.A., N.A., C.A., and AlAnon, and Alateen (allied programs
for the family), has grown by leaps and bounds and the whole family has become part
of the treatment and recovery process.
Though acceptance is not complete, there has been a general awakening within
society, government, and the medical profession that the problem is treatable, and that
A.A. and/or related programs actually work when all else has failed.
As the stigma has faded, industry and business have embraced the concept of early
intervention and treatment programs. And, contrary to the experiences of the 50s and
60s, a working relationship has developed between the loosely knit organization of
A.A. and a variety of community resources.
XIV. WHAT ARE THE STEPS OF ALCOHOLICS ANONYMOUS?
A. A suggested plan of recovery and relapse prevention.
1. We admitted we were powerless over alcohol (and all other mood
altering substances)—that our lives had become unmanageable.
1.22 • Legal Ethics and Professional Conduct
2. Came to believe that a Power greater than ourselves could restore us to
sanity.
3. Made a decision to turn our will and our lives over to the care of God
as we understood Him.
4. Made a searching and fearless moral inventory of ourselves.
5. Admitted to God, to ourselves, and to another human being the exact
nature of our wrongs.
6. Were entirely ready to have God remove all these defects of character.
7. Humbly asked Him to remove our shortcomings.
8. Made a list of all persons we had harmed, and became willing to make
amends to them all.
9. Made direct amends to such people wherever possible, except when to
do so would injure them or others.
10. Continued to take personal inventory and when we were wrong
promptly admitted it.
11. Sought through prayer and meditation to improve our conscious
contact with God as we understood Him, praying only for knowledge
of His will for us and the power to carry that out.
12. Having had a spiritual awakening as the result of these steps, we tried
to carry this message to alcoholics (addicts), and to practice these
principles in all our affairs.
B. What, if any, are the guarantees if one chooses to seek help?
1. We are going to know a new freedom and a new happiness.
2. We will not regret the past nor wish to shut the door on it.
3. We will comprehend the word serenity and we will know peace.
4. No matter how far down the scale we have gone, we will see how our
experience can benefit others.
5. That feeling of uselessness and selfpity will disappear.
6. We will lose interest in selfish things and gain interest in our fellows.
7. Self seeking will slip away.
8. Our whole attitude and outlook upon life will change.
Substance Abuse • 1.23
9. Fear of people and of economic insecurity will leave us.
10. We will intuitively know how to handle situations which used to baffle
us.
11. We will suddenly realize that a Higher Power is doing for us what we
could not do for ourselves.
“Are these extravagant promises? We think not. They are being fulfilled
among us—sometimes quickly, sometimes slowly.” Handbook of Alcoholics
Anonymous, 1939.
XV. WHAT CAN I DO?
A. Recognize that you have a personal and professional duty to act—to help,
whether it is you, yourself, or a colleague or family member who has the
disease.
B. The lawyers assistance committee wants to help—and for obvious reasons the
earlier the better.
1. Before it reaches even an isolated instance of professional misconduct
try to get the person to call the committee.
2. If he or she will not do so—call a member of the committee yourself.
3. We want to help get treatment for the person and restore them to
active, healthy and happy lives.
XVI. WHAT IS THE LAWYERS ASSISTANCE COMMITTEE OF THE OHIO
STATE BAR ASSOCIATION AND ITS COMPANION ORGANIZATION THE
OHIO LAWYERS ASSISTANCE PROGRAM, INC?
The Lawyers Assistance Committee of the Ohio State Bar Association was created in
1977. Its members include representatives of the judiciary, practicing bar, and legal
education, many of whom are themselves recovering alcoholics, addicts, or persons
recovering from mental health issues, while others are not, but serve only out of a
special interest and desire to help.
In an effort to provide even greater service to those who have need of its help, the
Lawyers Assistance Committee established the Ohio Lawyers Assistance Program,
Inc. (OLAP) in 1991, a nonprofit corporation qualified to receive tax deductible
contributions under § 501(c)(3) of the Internal Revenue Code. William X. Haase,
Esq. (deceased), a retired lawyer with both small and large law firm experience,
served as its first fulltime Executive Director (19911999). Scott R. Mote, J.D., a
Columbus attorney, was retained in 1996 as Associate Director to assist in OLAP’s
expanding workload, and became Executive Director July 1, 1999. Both Paul A.
Caimi, J.D., CCDCI and Stephanie S. Krznarich, MSW, LISW, CCDCI were
retained in early 2002 as Associate Directors to assist in OLAP’s continually
expanding workload as well as to address mental health concerns in addition to
chemical dependency. Through OLAP, the following services are now provided on a
fulltime basis: (1) confidential advice about individual problems; (2) help in
1.24 • Legal Ethics and Professional Conduct
arranging and implementing formal interventions; (3) help in deciding between
outpatient and inpatient treatment; and (4) monitoring and aftercare services. Through
the socalled Broadbrush Program, OLAP is also presently providing similar services
to assist Ohio lawyers who may be suffering from mental health issues other than
chemical dependency issues. Any lawyer who feels that OLAP’s services may be of
help with regard to a lawyer suffering from a mental health issue is encouraged to
contact OLAP.
XVII. HOW DO I ACTUALLY CONTACT OLAP?
A. Call OLAP at 18003484343 or 18006188606.
B. Anonymity and confidentiality built into procedure.
The Lawyers Assistance Committee formulated DR 1103(C) giving it a
privilege for things said to committee members.
Any knowledge obtained by a member of a committee or subcommittee of a
bar association, or by a member, employee, or agent of a nonprofit
corporation established by a bar association, designed to assist lawyers with
substance or mental health abuse problems shall be privileged for all purposes
under DR 1103, provided the knowledge was obtained while the member,
employee, or agent was performing duties as a member, employee, or agent of
the committee, subcommittee, or nonprofit corporation.
C. Those seeking advice from the committee or its program and those working
through it to carry out interventions are covered by the qualified immunity
from a
lawsuit in Ohio Rev. Code § 2305.28.
D. The following treatment centers in the state of Ohio are recommended.
Talbot Hall at OSU Hospitals East
1492 East Broad Street
Columbus, Ohio 43205
(614) 2573760; 18008754435
Cleveland Clinic Foundation
9500 Euclid Avenue
Cleveland, Ohio 44195
(216) 4442200
Assessments: (216) 4445812; 18002232273
Glenbeigh Hospital
2863 State Route 45
P.O. Box 298
Rockcreek, Ohio 44084
(440) 5633400; 18002341001
You also can contact your local health department or Ohio Department of
Alcohol and Drug Addiction Services (ODADAS) at 6144663445 for
information.
Please contact OLAP about other treatment options both in and out of state.
Substance Abuse • 1.25
XVIII. CONCLUSION
Lawyers are lousy clients. Likewise, they are difficult patients. The reasons are
simple enough: they are trained to deal with and solve problems, and they manage
and manipulate people. Thus, it is most difficult for the attorney to seek help since by
doing so he or she admits failure as a problem solver. This problem is exacerbated by
the fact that the attorney has a tendency to block out the realities of his or her
particular situation. Complicating this problem further is the tendency of the
attorney’s or judge’s peers to indulge in a conspiracy of silence, and lighten the
normal stresses of our profession. Such efforts accomplish nothing and usually are
counterproductive. In a word, covering for good old Joe or Jane is folly or worse!
OLAP works in tandem with local bar lawyers assistance committees, which in turn
work with local men and women who are associated with the fellowship of
Alcoholics Anonymous and other related organizations in addition to mental health
providers. We accept referrals from a judge, a partner or law associate, hospitals, the
member himself, and in some cases his or her family.
OLAP hopes that the attorney, judge, law student, or law faculty member will be
rehabilitated through hospitalization (if necessary), counseling, psychiatric assistance
(if necessary), the application of A.A. principles and mental health support.
Note: These materials on substance abuse originally were edited in 1990 by Prof.
Michael Distlehorst, Esq., of the Ethics Institute of Capital University Law School, on
behalf of the Lawyer’s Assistance Committee of the Ohio State Bar Association, for
use in continuing legal education seminars and other programs. The Committee
would like to thank the following physicians for advice and consultation in the
preparation of various segments of these materials: Dr. Burns Brady, M.D., Dr. Paul
Redmond, M.D., and Dr. Craig T. Pratt, M.D.
Revised in December 1996 by William X. Haase, Esq., Executive Director, and Scott
R. Mote, Esq., Associate Director, Ohio Lawyers Assistance Program, Inc.
Revised in July 2001 by Scott R. Mote, Esq., Executive Director, Ohio Lawyers
Assistance Program, Inc.
Revised in May 2002 by Scott R. Mote, J.D., Executive Director, Stephanie S.
Krznarich, LISW, CCDCI, and Paul A. Caimi, J.D., CCDCI, Associate Directors,
Ohio Lawyers Assistance Program, Inc.
Revised in February, 2003 by Scott R. Mote, J.D., Executive Director, Stephanie
S. Krznarich, LISW, CCDCI, and Paul A. Caimi, J.D., CCDCI, Associate
Directors, Ohio Lawyers Assistance Program, Inc.
1.26 • Legal Ethics and Professional Conduct
Substance Abuse • 1.27
(The Following Materials on Pages 2729 Come from Alcoholics Anonymous.)
ARE YOU AN ALCOHOLIC?
In order to determine whether or not a person has drifted from “social drinking” into
pathological drinking it is well to check over a list of test questions. While these are only
“test” questions, it is suggested that they be answered
truthfully
.
It is possible—but not at all probable—that you may fool somebody else. But you must be
honest with yourself
; you must want to become and remain sober because alcohol has you
“licked”—if you want the help of Alcoholics Anonymous.
YES NO
1. Do you require a drink the next morning? ____ ____
2. Do you prefer to drink alone? ____ ____
3. Do you lose time from work due to drinking? ____ ____
4. Is drinking harming your family in any way? ____ ____
5. Do you desire a drink around the same time daily? ____ ____
6. Do you get the inner shakes unless you continue drinking? ____ ____
7. Has drinking made you irritable? ____ ____
8. Does drinking make you careless of your family’s welfare? ____ ____
9. Have you thought less of your husband, wife, or partner
since drinking? ____ ____
10. Has drinking changed your personality? ____ ____
11. Does drinking cause you bodily complaints? ____ ____
12. Does drinking make you restless? ____ ____
13. Does drinking cause you to have difficulty sleeping? ____ ____
14. Has drinking made you more impulsive? ____ ____
15. Have you less selfcontrol since drinking? ____ ____
16. Has your initiative decreased since drinking? ____ ____
17. Has your ambition decreased since drinking? ____ ____
18. Do you lack perseverance in pursuing a goal since
drinking? ____ ____
1.28 • Legal Ethics and Professional Conduct
YES NO
19. Do you drink to obtain social ease? (In shy, timid,
selfconscious individuals) ____ ____
20. Do you drink for selfencouragement? (In persons
with feelings of inferiority) ____ ____
21. Do you drink to relieve marked feelings of inadequacy? ____ ____
22. Has your sexual potency suffered since drinking? ____ ____
23. Do you show marked dislikes and hatred since drinking? ____ ____
24. Has your jealously, in general, increased since drinking? ____ ____
25. Do you show marked moodiness as a result of drinking? ____ ____
26. Has your efficiency decreased since drinking? ____ ____
27. Has drinking made you more sensitive? ____ ____
28. Are you harder to get along with since drinking? ____ ____
29. Do you turn to an inferior environment since drinking? ____ ____
30. Is drinking endangering your health? ____ ____
31. Is drinking affecting your peace of mind? ____ ____
32. Is drinking making your home life unhappy? ____ ____
33. Is drinking jeopardizing your business—your job? ____ ____
34. Is drinking clouding your reputation? ____ ____
35. Is drinking disturbing the harmony of your life? ____ ____
Note: The test questions are not A.A. questions but are the guide used by Johns Hopkins
University Hospital in deciding whether a patient is alcoholic or not.
In addition, we in A.A. would ask even more. Here are a few.
YES NO
36. Have you ever had a partial or complete loss of memory
(blackout) for short or longer periods while, or after drinking? ____ ____
37. Have you ever experienced an inability to concentrate
during or after drinking? ____ ____
Substance Abuse • 1.29
YES NO
38. Have you ever felt “remorse” or guilt after drinking? ____ ____
39. Has a physician ever treated you for drinking? ____ ____
40. Have you ever been hospitalized for drinking or an event
related to drinking? ____ ____
41. Have you been charged more than once with an
alcoholrelated traffic offense? _____ _____
If you answered YES to any one of the questions, there is a definite warning that you may be
an alcoholic.
If you answered YES to any two, the chances are that you are an alcoholic.
If you answered YES to three or more, you are definitely an alcoholic.
1.30 • Legal Ethics and Professional Conduct
Substance Abuse • 1.31
(The following test for cocaine addiction on pages 3137 comes from “800 Cocaine” by
Mark S. Gold and is reprinted with permission of Bantam Books.)
TEST YOURSELF FOR ADDICTION
The symptoms of cocaine addiction are as plain to see as the signals warning that addiction is
perilously close. The questions that follow spell them out in detail. Anyone who answers
“yes” to as few as 10 of them is teetering on the thin edge of addiction. An affirmative
answer to more than 10 is a clear signal that coke has taken over, that the use is addicted and
is in urgent need of treatment if he or she is to have a chance to return to decent health and
normal living. As a guide for anyone taking the test, we have provided brief explanations and
comments to make clear why an affirmative answer means trouble.
YES NO
____ ____ 1. Do you have to use larger doses of cocaine to get the high you
once experienced with smaller doses?
(This means you have developed a tolerance to the drug, that
is, that you need more of it by a more direct route to achieve
the same effect.)
____ ____ 2. Do you use cocaine almost continuously until your supply is
exhausted?
(This is called binging, and it signals loss of control over drug
use.)
____ ____ 3. Is the cost of cocaine the major factor limiting your use, and do
you wish you could afford more?
(Your internal controls are virtually gone. The drug is in
charge, and you will find yourself doing anything to get it.)
____ ____ 4. Do you use cocaine two or more times a week?
(If you do, you are in the highest risk group for addiction.)
____ ____ 5. Do you have three or more of the following physical
symptoms? Sleep problems, nose bleeds, headaches, sinus
problems, voice problems, difficulty swallowing, sexual
performance problems, nausea or vomiting, trouble breathing
or shortness of breath, constant sniffling or rubbing your nose,
irregular heart beats, epileptic seizures or convulsions?
(Three or more of these indicate severe loss of bodily functions
related to coke abuse—addiction.)
1.32 • Legal Ethics and Professional Conduct
YES NO
____ ____ 6. Do you have three or more of the following psychological
symptoms? Jitteryness, anxiety, depression, panic, irritability,
suspiciousness, paranoia, problems concentrating,
hallucinations (seeing things that are not there, hearing voices
when there are none), loss of interest in friends, hobbies, sports
or other noncocaine activities, memory problems, thoughts
about suicide, attempted suicide, compulsive, repetitious acts
like combing the hair, straightening of clothes or ties, tapping
the feet for no reason?
(Cocaine abuse is causing psychological problems that are not
within the individual’s capacity to control.)
____ ____ 7. Have any or all of the problems specified in the previous two
questions caused you to stop using cocaine for a period ranging
from two weeks to six months or longer?
(If not, the acquired disabilities are not strong enough to
overcome the addiction.)
____ ____ 8. Do you find that you must take other drugs or alcohol to calm
down following cocaine use?
(You are trying to medicate yourself so as to maintain your
cocaine habit without suffering the terrible side effects of
addiction. You are, of course, flirting with becoming addicted
to a second drug.)
____ ____ 9. Are you afraid that if you stop using cocaine, your work will
suffer?
(You are psychologically dependent on the drug.)
____ ____ 10. Are you afraid that if you stop using cocaine you will be too
depressed or unmotivated or without sufficient energy to
function at your present level?
(You are addicted and afraid of the withdrawal symptoms.)
____ ____ 11. Do you find that you cannot turn down cocaine when it is
offered?
(Use is out of your control.)
____ ____ 12. Do you think about limiting your use of cocaine?
(You are on the verge of addiction and trying to ration use of
the drug.)
Substance Abuse • 1.33
YES NO
____ ____ 13. Do you dream about cocaine?
(This related to compulsive use and the total domination of the
drug.)
____ ____ 14. Do you think about cocaine at work?
(This is also part of the obsession with the drug.)
____ ____ 15. Do you think about cocaine when you are talking or interacting
with a loved one?
(Obsession with the drug dominates all aspects of living.)
____ ____ 16. Are you unable to stop using the drug for one month?
(This is certainly a sign of addiction.)
____ ____ 17. Have you lost or discarded your precocaine friends?
(You are stacking the deck in favor of cocaine by reducing
negative feedback.)
____ ____ 18. Have you noticed that you have lost your precocaine values:
That is, that you don’t care about your job or career, your home
and family, or that you will lie and steal to get coke?
(Addiction causes slow but steady changes in personality and
the approach to life to reduce intrapsychic conflict.)
____ ____ 19. Do you feel the urge to use cocaine when you see your pipe or
mirror or other paraphernalia? Or taste it when you are not
using it? Or feel the urge to use it when you see it or talk about
it?
(This is called conditioning and occurs after longterm, heavy
use.)
____ ____ 20. Do you usually use cocaine alone?
(When addiction sets in, this is the pattern. Social usage
ceases.)
____ ____ 21. Do you borrow heavily to support your cocaine habit?
(You can be pretty sure you are addicted if you are willing to
live so far above your means to get the drug.)
1.34 • Legal Ethics and Professional Conduct
YES NO
____ ____ 22. Do you prefer cocaine to family activities, food, or sex?
(This is a sure sign of addiction. Cocaine need overrides
fundamental human needs for food, sex, social interaction.)
____ ____ 23. Do you deal or distribute cocaine to others?
(This kind of change in behavior signals addiction because it is
an accommodation to the need for the drug.)
____ ____ 24. Are you afraid of being found out to be a cocaine user?
(Addicts usually live a double life, preferring not to choose one
or another alternative.)
____ ____ 25. When you stop using the drug, do you get depressed or crash?
(This a sign of withdrawal—a symptom of addiction.)
____ ____ 26. Do you miss work, or reschedule appointments, or fail to meet
important obligations because of your cocaine use?
(The drug has taken over your life.)
____ ____ 27. Is your cocaine use a threat to your career or personal goals?
Has your cocaine use caused you to lose interest in your
career? Has the drug caused you to lose interest in or to have
violent quarrels with people you love? Has your cocaine use
caused you to lose your spouse or loved ones?
(You would hardly sacrifice so much if you were not addicted.)
____ ____ 28. Do people keep telling you that you are different or have
changed in a significant way?
(Addicted people are indeed different from the way they were
precocaine. Such comments are a clue to addiction.)
____ ____ 29. Have you used more than 50% of your savings for cocaine?
Has your cocaine use bankrupted you and caused you to incur
large debts? Have you committed a crime to support yourself
and your cocaine habit? Have you stolen from work and/or
family and friends?
(If you are not addicted, would cocaine be worth these dreadful
problems?)
Substance Abuse • 1.35
YES NO
____ ____ 30. Do you believe that your cocaine use has some medicinal value
in treating a problem you have with energy, motivation,
confidence, depression, or sex?
(Users who believe this are the most likely to develop
addiction.)
____ ____ 31. Do you think you have had withdrawal symptoms when you
stopped using cocaine?
(Only addicted persons experience withdrawal.)
____ ____ 32. If you had $100 to spend would you spend it on cocaine rather
than on something for your house or apartment, on a gift for
someone you love, on theater, CDs, movies, going out with
friends or family?
(Addicts become so fixated on their drug they can think of
nothing else, no one else, and no other form of entertainment.)
____ ____ 33. Do you think that you are addicted?
(If you think so, you probably are.)
____ ____ 34. Do you use cocaine compulsively despite your recognition that
the drug is a very real threat to your physical and psychological
wellbeing, relationships, family, and job?
(This is addiction.)
____ ____ 35. Did you ever enter psychiatric treatment or therapy for a
cocainerelated problem and not tell the doctor or therapist
about your cocaine use or how current or recent it is?
(When an addicted person is pressured into getting help, he
may not only try to cover up the extent of his drug abuse, but
may also use his treatment as a cover for his continued use of
the drug.)
____ ____ 36. Did you have a cocaine problem that was cured either through
your own efforts alone or with the help of friends or with
professional treatment?
(The critical word is “cured.” No addict is really cured—rather,
he has a remission of a chronic disease that can recur should he
become a user of cocaine again.)
1.36 • Legal Ethics and Professional Conduct
YES NO
____ ____ 37. Have you ever used cocaine and had hallucinations, a
convulsion or seizure, angina (severe pain around the heart),
loss of consciousness, the impulse to kill yourself or others?
And when any of these side effects passed, did you figure that
you would use less next time or use a purer quality of the drug?
(These side effects are related to addictive use, but the addict
prefers to ascribe them to overdose or to the adulterants used to
make the drug go further. He or she then can continue to use
the drug under the illusion that it will be okay the next time.)
____ ____ 38. Do you leave paraphernalia or a supply of cocaine at work?
(This may be a call for help by a person who feels that his life
is out of his control. It is like a suicide note left so that people
will find it and prevent the act.)
____ ____ 39. Do you sometimes wish that you would be discovered as a user
by someone who would see to it that you got into treatment and
recovered?
(If so, you know you need help and want it).
____ ____ 40. Do you use cocaine three times a week or even more often, and
still try to maintain an interest in diet, health, exercise, and
fitness?
(The interest may be there, but the fact is that such heavy use
of the drug makes it virtually impossible to act on the interest.
There is too great a conflict in values.)
____ ____ 41. Have you switched from intranasal use to freebasing or
intravenous use?
(This usually means that tolerance to the drug has developed,
and it is very likely that you will binge and become addicted in
short order.)
____ ____ 42. Have you been using cocaine more than once a week for three
or more years?
(With this much use, any stress, or change in your life, can turn
you into a daily user with a high probability of addiction
resulting.)
____ ____ 43. Do you find yourself choosing friends or lovers because of
their access to cocaine or their cocaine use?
(This kind of behavior usually indicates a life out of control.)
Substance Abuse • 1.37
YES NO
____ ____ 44. Do you wake up in the morning and wonder how you could
have let cocaine gain control over your life?
(You are addicted if you have these thoughts.)
____ ____ 45. Do you find it almost impossible to fall asleep without a drink
or sleeping pill or tranquilizer?
(You now have a second addiction.)
____ ____ 46. Since you started using cocaine, have you ever wondered
whether you would be able to live without it?
(We find that people who raise this question are generally
hooked on the drug.)
____ ____ 47. Have you wondered whether you would be better off dead than
continuing to use cocaine?
(This question usually suggests an addiction so profound that
the addict feels himself terminally ill.)
____ ____ 48. Have you ever wished that you would die of an overdose in
your sleep?
(Same as above.)
____ ____ 49. Do you use cocaine in your car, at work in the bathroom, on
airplanes, or in other public places?
(You are so desperate you want to be caught—and helped.)
____ ____ 50. Do you use cocaine and then drive a car within six hours after
use?
(Cocaine has impaired your judgment and you are out of
control. Don’t wait to get help until after you have impaired or
killed a pedestrian.)
1.38 • Legal Ethics and Professional Conduct
Substance Abuse • 1.39
FACING THE FACTS
James B. Cushman, Esq.
(July 7, 1936March 26, 1997)
How about taking a test which only you will grade? There is no passing or failing, just
enlightenment. This short, twopart quiz consists of only 10 questions which are easy to
answer—yes or no. The only difficult part is that you must answer honestly. All responses
will, of course, be kept confidential.
PART I
1. Have you neglected to process mail promptly, failed to return telephone calls or to
keep appointments?
2. Have you commingled, borrowed or otherwise misused clients’ trust funds or escrow
funds?
3. Is your relationship with your clients, staff and friends deteriorating?
4. Are you missing deadlines for performance, such as missing answer days or allowing
the Statute of Limitations to run?
5. Do you often blame your secretary unjustly for the things that go wrong?
PART II
6. Have you failed to appear at the office or court because of a hangover?
7. Are you drinking in the office?
8. Do you regularly drink at lunchtime, and is your ability to perform diminished in the
afternoon?
9. Do you have “blackouts,”
i.e
., are there drinking hours or days you cannot remember?
10. Do you wish people would mind their own business about your drinking—stop telling
you what to do?
Finished? Now file your answers for reference at the conclusion of this article.
The purpose of the test is to provide you with an educational tool on substance abuse and
chemical dependency. Education is essential in the battle against denial, and denial is the
hallmark of this disease. (The phenomenon of denial will be explored in greater detail later in
this article.)
Substance Abuse Linked to Attorney Misconduct
To all human beings, and especially to the lawyer, substance abuse is an insidious, invisible
thief. It steals the substanceabusing lawyer’s money and attention. It should come as no
surprise that the most common examples of ethical violations by substanceabusing lawyers
are misappropriation of clients’ money and neglect. Indeed, the state bars of California,
Minnesota and New Jersey have estimated that substance abuse is responsible for twothirds
of the disciplinary actions against lawyers in those states.
1.40 • Legal Ethics and Professional Conduct
The term “substance abuse” means the use of one or more various moodaltering chemicals
in a way, and to the extent, that such use causes problems. The chemical may be alcohol (by
far the most widely abused substance), prescription drugs, street drugs, or, as is becoming
more prevalent, a combination of these.
Problems that result from harmful involvement with chemicals often include difficulties in
interpersonal relationships (family, friends and coworkers), as well as legal, health, financial
and professional problems. These frequently and ultimately end with disciplinary counsel and
the Ohio Supreme Court. Simply put, if the use of moodaltering chemicals causes a problem
in any area of a person’s life, it is a problem.
It is these types of concerns that no doubt led the Ohio Supreme Court to require that the
bench (Gov. Jud. R. IV) and bar (Gov. Bar R. X) receive some education about substance
abuse.
I. THE FACTS OF ADDICTION
Alcoholism and other drug addictions are a grave problem in this country. The
following statistics from the Columbus Area Council on Alcoholism and the National
Council on Alcoholism and Drug Dependence support this statement.
A. Sixty to seventyfive percent of all criminal court cases are directly related to
substance abuse.
B. More than half of all arrests for serious crimes involve persons under the
influence of alcohol or other drugs.
C. Sixty percent of all domestic crimes involve substance abuse.
D. Thirty percent of all hospital admissions are related to the primary disease of
alcoholism. This includes not only people who are “under the influence” or
overdosed at the time of admission, but also admissions because of
complications arising from substance abuse, such as heart disease, liver
disease, pancreatitis and others.
E. Alcohol contributes to over 100,000 deaths annually, making it the third
leading cause of preventable mortality in the United States, after tobacco and
diet/activity patterns. (J McGinnis & W Foege, “Actual Causes of Death in the
United States,”
Journal of the American Medical Association
(JAMA), Vol.
270, No. 18, 11/10/93, p. 2208.)
F. Ten percent of the population ages 18 years and older have problems with
drinking. Almost three times as many men as women are problem drinkers,
and prevalence is highest for both sexes in the 18 to 29yearold age group.
(NIAAA,
Alcohol Health & Research World
(AHRW), Vol. 18, No. 3, 1994,
pp. 243, 245.)
G. About 43% of U.S. adults have been exposed to alcoholism in the family; they
grew up with or married an alcoholic or a problem drinker or had a blood
relative who was an alcoholic or problem drinker. (National Center for Health
Statistics (HCHS), Advance Data, USDHHS, No. 205, 9/30/91, p. 1.)
Substance Abuse • 1.41
H. Nearly onefourth of all persons admitted to general hospitals have alcohol
problems or are undiagnosed alcoholics being treated for the consequences of
their drinking. (NIAAA,
Eighth Special Report
, op. cit., p. xi.)
I. Based on victim reports, each year 37% of rapes and sexual assaults involve
alcohol use by the offender, as do just over 15% of robberies, about 25% of
aggravated assaults, and nearly 25% of simple assaults. (U.S. Department of
Justice,
Alcohol and Crime: An Analysis of National Data on the Prevalence
of Alcohol Involvement in Crime
, 4/98.)
J. Alcohol is typically found in the offender, victim or both in about half of all
homicides and serious assaults, as well as in a high percentage of sexrelated
crimes, robberies, and incidents of domestic violence, and alcoholrelated
problems are disproportionately found among both juvenile and adult criminal
offenders. (NIAAA,
Eighth Special Report
, op. cit., p. xi.)
K. Studies of suicide victims in the general population show that about 20% of
such suicide victims are alcoholic (NIAAA,
AHRW
, Vol. 17, No. 2, 1993, p.
133.)
L. Thirtyeight percent of all traffic fatalities (the leading cause of accidental
death) are alcoholrelated (National Highway Traffic Safety Administration,
5/27/99 press release); alcoholics are nearly five times more likely than others
to die in motor vehicle crashes. (NIAAA,
Eighth Special Report
, op. cit., p.
233.)
M. Study findings suggest that women metabolize alcohol less efficiently than
men, a difference that leads to higher blood alcohol concentrations in women
over a shorter period of time. This difference may make women more
vulnerable than men to alcoholrelated liver damage. (NIAAA,
Eighth Special
Report
, op. cit., p. xxvi.) (For more information,
see
NCADD’s “Of Alcohol
and Other Drugs Among Women” facts.)
N. Alcoholrelated problems more prominent for women than men include
serious reproductive and sexual dysfunctions; rapid development of
dependence; more serious liver disease among those who are patients;
victimization by others, particularly spouses; and sexual victimization. (Ibid.,
p. 275.)
II. THE DISEASE OF ALCOHOLISM
Alcoholism is also called a family illness because it does not occur in a vacuum. The
alcoholic directly affects seven to nine other people, including their spouses, children,
parents, coworkers and employees. You do not have to be an alcoholic to suffer from
the effects of alcoholism.
Alcoholism is a primary disease. It has been recognized as a disease by the American
Medical Association since 1956. Alcoholism has its own set of symptoms which are
physical, mental, emotional and spiritual in nature. It is not a derivative of some other
physical or mental disease, although many latestage alcoholics may also suffer from
other physical and mental disease and disorders. Very often, those other diseases and
disorders show marked improvement, or disappear completely, when use of the
substance stops.
1.42 • Legal Ethics and Professional Conduct
In addition to being a primary disease, alcoholism is a chronic and progressive
disease which, if left untreated, is fatal. It cannot be cured, but it can be treated and
arrested. First, it must be identified.
The term “substance abuse” means the use of one or more various moodaltering
chemicals in a way, and to the extent, that such use causes problems.
Within our society, “problem drinkers” are recognized as drinking to such an excess
that the ability to control one’s actions and maintain a socially acceptable lifestyle is
impaired.
Several behavioral criteria characterize the person who may have a drinking problem.
The following list of criteria, although incomplete, presents some general indicators
of problems with alcohol, if a person answers “yes” to one or more statements.
Anyone who
A. Must drink in order to function or to “cope with life.”
B. By his or her own definition or that of family and friends, frequently drinks to
a state of intoxication.
C. Goes to work intoxicated or has lost a job directly or indirectly because of
drinking.
D. Is intoxicated and drives a car.
E. Sustains bodily injury requiring medical attention as a consequence of an
intoxicated state.
F. Under the influence of alcohol, does something he or she would never do
without alcohol.
Other experts have noted that the following “warnings signs” often indicate that a
person is in the early stages of problem drinking or alcoholism: the need to drink
before facing certain situations, frequent drinking sprees, a steady increase in intake,
solitary drinking, early morning drinking and the occurrence of “blackouts.”
2
In the last analysis, in order for alcoholism to be successfully treated it must be
selfdiagnosed. However, denial is the most common and prevalent characteristic and
symptom of the disease. This denial must be converted to admission before the
alcoholic can begin a successful treatment program.
III. WHAT CAN YOU DO?
If you decide that a lawyer you know is having problems as the result of substance
abuse, what can you do?
The Ohio State Bar Association’s Lawyers Assistance Committee was established in
1977 in recognition of the plain fact that substance abuse is the root cause of a large
percentage of cases of lawyer misconduct. The current committee represents many
2
Lawyers and Judges Handbook on Alcoholism—
Michigan Bar Association.
Substance Abuse • 1.43
facets of the profession, including the judiciary, practicing bar and legal educators.
Many of the members of the committee are recovering alcoholics. Others are not
substance abusers, but serve out of a special interest and desire to help others. The
purpose of the committee is to help lawyers, judges and law students who have
substance abuse problems, and to help educate the profession about substance abuse
and dependency on alcohol and other drugs. The roster of committee members now
numbers more than 100.
The committee is, and has been, very active, including forming the Ohio Lawyers
Assistance Program, Inc. (OLAP), in 1991. In addition to helping guide many lawyers
and judges with substanceabuse problems into successful and continuing recovery,
the committee lists among its activities the following.
A. Recognizing that confidentiality and anonymity are essential to effective
assistance to those in our profession who are in need of help, we have had to
deal with the Disciplinary Rules and a state statute which posed serious
obstacles to these objectives.
DR1103 requires a lawyer possessing unprivileged knowledge of lawyer
misconduct to report that knowledge to the appropriate investigative
authorities. The problem is that information disclosed to a committee member
acting only in that capacity is, of course, not privileged. To correct this
problem, the committee sponsored the addition of DR1103(C) which has now
been adopted by the Ohio Supreme Court and is in effect. It reads
Any knowledge obtained by a member of a committee or
subcommittee of a bar association, or by a member, employee, or
agent of a nonprofit corporation established by a bar association,
designed to assist lawyers with substanceabuse problems shall be
privileged for all purposes under DR1103, provided the knowledge
was obtained while the member, employee, or agent was performing
duties as a member, employee, or agent of the committee,
subcommittee, or nonprofit corporation.
More than half of all arrests for serious crimes involve persons under the
influence of alcohol or other drugs.
B. The committee provides speakers for the OSBA District Meetings, local bar
associations and other CLE sponsors around the state, and the presentations
enable the attendees to satisfy their CLE substance abuse requirement.
C. The committee provides (through OLAP) monitoring attorneys to assist
disciplinary counsel in cases where the Supreme Court imposes disciplinary
sanctions on lawyers which involve a period of probation. Where applicable,
the Court now imposes probation in disciplinary cases involving substance
abuse.
D. Through OLAP, education, intervention and monitoring services are provided
outside the disciplinary process to lawyers, judges and law students (and their
families) who have substance abuse problems.
1.44 • Legal Ethics and Professional Conduct
E. Finally, OLAP and individual committee members are ready and willing to
offer assistance. Information can be obtained by calling 8003484343 or
8006188606.
The response from the trained person who answers the phone will, of course, depend
on the nature of the inquiry. Information concerning treatment hospitals and other
resources can be provided. The name and phone number of a member of the Lawyers
Assistance Committee, within close geographic proximity to the troubled individual,
can be furnished. Some lawyers are very reluctant to make contact with other lawyers
in or near their community, so it may be advisable to arrange for contact with a
committee member from a different location.
IV. THE INTERVENTION TEAM
If OLAP/a committee member is contacted, what will he or she do? Again, this will
depend on the circumstances. It may be appropriate to arrange a team intervention on
the impaired individual. A team intervention is a carefully planned confrontation
involving the impaired lawyer/judge and a few other persons who are knowledgeable
about the individual’s problems, and who care enough to help and will honestly and
forthrightly tell it like it is. The team could include a spouse or significant other,
children, the boss, a law partner or associate, a physician or other treatment
professional. The team could consist of those who are willing to tell the substance
abuser that certain consequences, such as loss of job, marriage or health, will result if
he or she does not seek help.
The objective of the intervention is to get the individual to get an assessment done by
a licensed health care/substance abuse professional. Additional treatment will depend
on a variety of factors, including the severity of the problem and the attitude of those
most directly affected by the problem. It ranges from getting the individual to
immediately check into a treatment hospital on an inpatient basis, to obtaining a
commitment to become involved with some form of outpatient care, or another level
of care as appropriate to the severity of the problem. The substance abuser will likely
try to bargain his or her way out of agreeing to do something that will eliminate or
severely restrict their availability to have access to moodaltering substances. That is
part of the way the disease affects its victims. Consequently, those in a position to
give the troubled individual the ultimatum must be willing to follow through.
Otherwise, the intervention will have little chance of producing an immediate result.
Even the best planned and carefully executed interventions sometimes fail to produce
immediate results, but the seeds of recovery can be planted. From that perspective, no
intervention is ever a failure.
There are other courses of action which the committee members may pursue,
depending on his or her views and experience and the particular situation. In every
case, however, the ultimate objective is to achieve total abstinence by the substance
abuser, for total abstinence is the only successful treatment of the disease. There
simply is no easier, softer way. Recovery is a lifelong, onedayatatime process.
Successful recovery is a real alternative, as is being exemplified by tens of thousands
of men, women and youth around the world.
I believe, as does the Lawyers Assistance Committee, that a part of our responsibility
as lawyers is to try and help any of our fellows whose lives we see headed toward
ultimate destruction because of substance abuse.
Substance Abuse • 1.45
V. THE ANSWER IS…
Now let us go back to the quiz you took at the beginning of this article.
Scoring is as follows.
If you answered yes to any one of the questions in Part I it may be just because you
are too busy, distracted, illtempered, mean, broke or crooked. If you combine any of
these yes answers with yes answers to some of the questions in Part II, you probably
ought to take a closer look at your drinking or other drug use habits. Likewise, if one
of your peers in the legal profession would similarly score with yes answers in the
second category, your colleague may be experiencing problems due to the use and/or
abuse of chemicals. Additionally, you will no doubt run across a member of our
profession whose answers to this quiz qualifies him or her as a candidate for closer
inspection of their alcohol/drug use.
The point is, that this quiz is relevant and useful for all of us. Given the epic
proportions of this disease and the impact of alcoholism and drug addiction in our
society, none of us can afford to live behind the mask of denial. If we do, we may
die
behind that very mask we so carefully construct to protect ourselves and our loved
ones from the truth. Hope lies in the fact that the truth can set every
chemicallydependent attorney free to live a happy and productive life.
As attorneys, we deal with victims and crime on a daily basis. The real crime, as it
relates to substance abuse, is to ignore the disease. The information contained in this
article is meant not only to enlighten those in the legal profession, but also to inspire
you to recognize the part we can all play in helping each other to help save lives we
see headed toward ultimate destruction due to substance abuse. If we meet this
challenge, lives will be saved and the incidence of professional misconduct will drop.
James B. Cushman chaired the Lawyers Assistance Committee of the Ohio State Bar
Association (CoLAP), and was a Commissioner of the Commission On Lawyers
Assistance Programs of the American Bar Association. Jim retired from Vorys, Sater,
Seymour & Pease PLL in Columbus.
This article originally appeared in the September/October 1989 issue of Ohio
Lawyer, published by the Ohio State Bar Association (updated October 2000 and
May 2002).
1.46 • Legal Ethics and Professional Conduct
Substance Abuse • 1.47
MENTAL HEALTH CONCERNS IN THE LEGAL PROFESSION
Definitions, Detection and Treatment Alternatives
Understanding Mental Illnesses
I. WHAT IS MENTAL ILLNESS?
Mental illness refers to a group of disorders causing severe disturbances in thinking,
feeling, and relating. They result in a substantially diminished capacity for coping
with the ordinary demands of life (National Alliance for the Mentally Ill). A mental
illness is a health condition, much like heart disease or diabetes. It is not caused by
bad parenting and is not a character weakness or flaw. These illnesses are due to
biochemical disturbances in the brain—they are neurobiological disorders. There are
many causes of mental illnesses, including
A. Birth trauma;
B. Chemical imbalances in the brain; and
C. Other biological, environmental, social and cultural factors.
Mental illnesses can affect persons of any age—children, adolescents, adults, and the
elderly—and they can occur in any family. Several million people in the United
States suffer from a serious, longterm mental illness. They are medical diseases of
the brain, and are treatable just as heart or lung disease. With proper treatment, many
people with a mental illness get well and lead productive lives (Channing L. Bete Co.,
Inc., 1998).
II. KNOW THE FACTS FROM THE FICTION
Fiction Facts
A mental illness means you are crazy
No, it means you have a mental
disorder. Using cruel labels, such as
“crazy” or “psycho,” only causes
pain and discourages people from
seeking help.
People with a mental illness can “pull
themselves out of it.”
A mental illness is not caused by
personal weakness—nor can it be
cured by personal strength. Proper
treatment is needed.
People with a mental illness will always
be ill.
For some people, a mental illness
may be a lifelong condition like
diabetes. But, as with diabetes,
proper treatment enables many
people with a mental illness to lead
fulfilling lives.
1.48 • Legal Ethics and Professional Conduct
People with a mental illness are often
violent
People with a mental illness are
much more likely to be
victims
of
violence than its cause. With proper
treatment, people with a mental
illness are no more likely to be
violent than the general population.
Mental illness cannot affect me
Mental illnesses can affect anyone.
They strike people of all ages, races
and income levels, whether or not
there is a family history of mental
illness.
III. MENTAL ILLNESSES ARE TREATABLE!
Treatment methods usually include a combination of psychotherapy and medication.
Psychotherapy can include individual, family and group therapy. It can help people
A. Understand the illness;
B. Learn how to deal with any problems the illness causes; and
C. Make positive changes in their lives.
Many mental illnesses and their symptoms can be treated with medications. They can
help correct chemical imbalances, enabling people who receive treatment to stop
suffering and lead productive lives (Channing L. Bete Co., Inc., 1998). Ask your
health care provider, mental health professional or call OLAP for assistance.
A. Common questions.
1. Do most people with mental illness have to be hospitalized?
No. Most people with mental illness are treated as outpatients.
However, for some, hospitalization is an effective part of a treatment
plan.
2. What if someone suspects a colleague may be struggling or I know he
or she has a mental illness?
Spend time with the person and maintain your relationship (Channing
L. Bete Co., Inc., 1998). Let the person know that he or she can count
on your support. Advise the person to seek professional help or call
OLAP to develop options.
B. Help is available!
If you or someone you know has signs of a mental illness, or if you would like
more information, contact
1. Your healthcare provider, for referrals to psychiatrists, psychologists,
etc.;
Substance Abuse • 1.49
2. Community mental health centers and mental health boards;
3. Psychiatric hospitals or clinics;
4. Crisis hotlines;
5. Marriage and family therapists;
6. Local branches of the American Psychiatric and Psychological
Association;
7. State or local chapters of mental health associations, such as
a. The National Alliance of the Mentally Ill 18009506264; or
b. The National Mental Health Association 18009696642;
8. Psychiatric departments at
universities and colleges; or
9. OLAP 18003484343 or 18006188606.
1.50 • Legal Ethics and Professional Conduct
Substance Abuse • 1.51
TYPES OF MENTAL ILLNESSES
I. ANXIETY DISORDERS
A. The many faces of anxiety.
Peggy cannot sleep. She is worried about keeping up with her family
obligations and wondering how to keep up with the firm’s demands. She used
to take these things in stride, but now she cannot concentrate at work and has
stomachaches and restless nights.
John’s wife is ill and needs occasional home health care. When her illness
began, his family expected him to be as strong and helpful as he’d always
been when others needed him. But lately he always seems on edge and is
getting behind at the office. He’s angry with himself because he feels he’s
letting the family and his clients down.
Amanda moved with her husband when he joined a new firm eight months
ago. She has found a great job and is happy with the new house. But despite
her husband’s encouragement, she fears meeting his new partners and friends
or becoming involved in the community. She has gained weight, and
whenever they do go out, her head aches before they even reach their
destination.
Fred’s practice continues to expand. He has had some high visibility cases,
and great results. His eight hour days are 1214 hours long, and his family is
upset that he is never home. He is having trouble staying focused, and is
becoming short tempered with his legal assistant, partners and family.
Do you recognize any of these people? Perhaps someone you know is acting
the same way. Perhaps you are. The people in these examples want to worry
less, to feel more in control of their lives, to do the things they used to do. But
something’s holding them back. They feel trapped, threatened. And their
bodies are reacting with both emotional and physical symptoms. Symptoms
like these can get to the point where they interfere with the person’s ability to
function and enjoy life. They may indicate a persistent underlying anxiety
(BristolMyers Squibb Company, 1990).
B. Anxiety you cannot get rid of and its consequences.
Anxiety is an involuntary or reflex reaction of the body. You probably think
of it as that feeling everyone gets at one time or another when they are uneasy
or distressed about future events or uncertainties. Like, years ago, on the first
day of a new job. Or when you meet new people and want to make a good
impression. Most of us have felt anxious at one time in our lives. But the
amount of anxiety can change from one person to another. And the same
person can react differently if circumstances change.
When the anxious feeling becomes more like dread, when it negatively affects
behavior or performance, continues for a long time, and begins to feed on
itself instead of having a clear cause, doctors diagnose it as a true disorder that
calls for treatment.
1.52 • Legal Ethics and Professional Conduct
High levels of anxiety can result from too much pressure—from family,
clients, employers, even friends. And by most accounts, the everyday level of
stress is increasing in the United States. For 4% of Americans, anxiety is a
constant condition that interferes with normal activities and makes life
miserable. Among attorneys, 30% of men and 20% of women suffer from
anxiety disorders. If you or someone you know are bothered by unrealistic
excessive worry or unexplained fear that you cannot control, you may be
suffering from a medical condition called persistent anxiety. It affects both the
body and the mind and may cause any of the following feelings.
1. Tension;
2. Restlessness;
3. Irritability; or
4. A depressed mood.
These emotional feelings may be accompanied by physical symptoms, such as
1. Gastrointestinal problems;
2. Muscle tension;
3. Sleeplessness;
4. Fatigue;
5. Headaches; or
6. Difficulty concentrating.
Persistent underlying anxiety can also be associated with a longterm medical
condition such as heart disease, emphysema, ulcers or asthma. Yet many
people with persistent underlying anxiety do not seek care, even when the
anxiety has gone on for months—or even years. In fact, some estimates say
three out of four get no help, no treatment, and no relief. Often people do not
realize that the problems they are having are symptoms of underlying anxiety,
or that there are professionals who can help.
C. You are not alone.
Individual effort and success are highly respected in the United States. So
when we feel the effects of anxiety, we tend to blame ourselves for not being
able to “cope.” Rather than recognizing anxiety as a response to a stressful
situation, we pretend nothing’s wrong, or say, “I’ll get over it.”
Those with persistent underlying anxiety may notice they often have difficulty
getting along with others, and they are tense a lot of the time or they are not
performing everyday tasks as well as they used to. But many times these
people do not consider going to the doctor until physical symptoms come
along such as stomach aches, frequent headaches, heart palpitations,
sleeplessness, nausea, overeating, or too much drinking or smoking.
Substance Abuse • 1.53
Our tendency to dismiss underlying anxiety or keep symptoms to ourselves
leads many to suffer in comparative isolation, not realizing that others have
suffered the same thing and found relief. If left without treatment, many of the
symptoms can get worse. Sometimes the persistent underlying anxiety reaches
the point where the person finds it is nearly impossible to function at all.
D. What can you do about underlying anxiety?
Though many people suffer from persistent underlying anxiety, many find
relief. Below are some symptoms of persistent underlying anxiety. Usually
several symptoms from each category occur together. When someone has six
or more of these symptoms, they should consider talking them over with their
doctor or counselor. It is important to note that individual symptoms may be
indicative of other medical conditions.
E. Underlying anxiety?
1. Physical symptoms.
a. Palpitations or accelerated heart rate;
b. Shortness of breath or smothering sensations;
c. Sweating or cold, clammy hands;
d. Dry mouth;
e. Dizziness or lightheadedness;
f. Nausea, diarrhea, or other abdominal distress;
g. Flushes (hot flashes) or chills;
h. Frequent urination; and
i. Trouble swallowing or “lump in the throat.”
2. Tension symptoms.
a. Restlessness;
b. Trembling, twitching or feeling shaky;
c. Muscle tension, aches or soreness; and
d. Easily fatigued.
3. Emotional symptoms.
a. Excessive worry;
1.54 • Legal Ethics and Professional Conduct
b. Difficulty concentrating or “mind going blank”;
c. Feeling keyed up or on edge;
d. Trouble falling asleep or staying asleep; and
e. Irritability.
Consider the following statements to help you take stock of what you are feeling and
how you are acting and to assist you to talk to your doctor or a counselor about
symptoms you may be experiencing. Mark any of the statements that describe
feelings or symptoms you have had, more often than not, for six months or more.
A. How I feel.
1. I’m nervous all the time.
2. I feel like something awful is about to happen.
3. I worry about everything.
4. I feel sad or down.
5. I’m tired, but I cannot relax.
6. I cannot turn off my thoughts.
B. My physical self.
1. I often have trouble sleeping.
2. I don’t feel well, but doctors cannot find anything wrong with me.
3. I have a lot of stomach problems.
4. Sometimes my heart beats so fast, it feels like my chest will burst.
5. I’m tired all the time.
C. How I act.
1. I’m irritable and cranky.
2. I’m restless and cannot stay still.
3. I have trouble concentrating and remembering things.
4. I use food, alcohol, street drugs or prescription medications to feel
better.
5. I overreact to minor problems.
Substance Abuse • 1.55
D. My job and other activities.
1. I used to love my job, but now I dread going to work.
2. My worries intrude on every thing I do.
3. Fear keeps me from doing some things I used to enjoy.
4. Because of my symptoms, my work has started to suffer.
5. I snap at coworkers or clients.
6. I have trouble concentrating on my work or hobbies.
E. My relationships.
1. Because of my fears, I’m overly protective of my kids.
2. When friends don’t call, I think I must have made them mad.
3. I don’t mean to be, but I’m hard to get along with.
4. I’d usually rather be alone.
5. My family life is suffering.
F. How I view my world.
1. Much of the time, life seems overwhelming.
2. I worry about things that aren’t likely to happen.
3. Just thinking about getting through the day makes me nervous.
4. I know my worries or fears are irrational, but I can’t stop them.
5. Everything is out of control.
If you have checked off several of the statements and find them interfering with your
ability to be productive and happy, you may be suffering from persistent anxiety.
II. TREATMENTS THAT WILL HELP—NOT MAKE THINGS WORSE
Some people recognize they are anxious and try to help themselves. They might talk
things over with friends, or exercise, or start a hobby to take their mind off things.
These strategies, however, often are not completely successful for people with
persistent underlying anxiety because they don’t address all the factors that, in
combination, result in anxiety.
1.56 • Legal Ethics and Professional Conduct
Individualized programs developed with a mental health professional can be effective
in treating persistent underlying anxiety, especially if treatment is given early. These
treatment programs often address factors such as exercise, nutrition, relaxation
strategies, and ways to deal with stressful situations. Treatment options include
(Channing L. Bete Co., Inc., 1998):
A. Cognitive behavioral therapy.
This can help the person to
1. Replace irrational thoughts and actions with rational ones; and
2. Use positive coping skills, such as controlled breathing and other
relaxation techniques.
B. Other types of psychotherapy.
These may be used with cognitive behavioral therapy. They can help the
person
1. Resolve conflicts connected with his or her anxiety disorder;
2. Reduce general anxiety; and
3. Express feelings.
These types of therapy may also involve selfhelp groups and/or family
therapy.
C. Medication.
This can be used with other treatments to help reduce symptoms. (Be sure to
talk with a healthcare provider about all risks and benefits of medication.)
The goals of an anxiety treatment program are to
1. Relieve physical and emotional symptoms of persistent underlying
anxiety;
2. Restore the capacity to function normally; and
3. Better understand what situations contribute to underlying anxiety and
how to deal with them in order to feel better.
It is important to be aware that under the topic Anxiety Disorders there are many
subcategories and classifications. For simplicity, we have provided the criteria from
the DSMIVTR to diagnosis a Generalized Anxiety Disorder to serve as a basic
frame of reference. Contact OLAP, see a professional in the field to get an accurate
diagnosis for yourself, or refer a friend for whom you have concerns.
Substance Abuse • 1.57
III. DIAGNOSTIC CRITERIA FOR
GENERALIZED ANXIETY DISORDER
(DSMIVTR, P. 476)
A. Excessive anxiety and worry (apprehensive expectation), occurring more days
than not for at least 6 months, about a number of events or activities (such as
work or school performance).
B. The person finds it difficult to control the worry.
C. The anxiety and worry are associated with three (or more) of the following six
symptoms (with at least some symptoms present for more days than not for
the past six months). Note: Only one item is required in children.
1. Restlessness or feeling keyed up or on edge;
2. Being easily fatigued;
3. Difficulty concentrating or mind going blank;
4. Irritability;
5. Muscle tension; or
6. Sleep disturbance (difficulty falling or staying asleep, or restless
unsatisfying sleep).
D. The focus of the anxiety and worry is not confined to features of an Axis I
disorder,
i.e
., the anxiety or worry is not about having a panic attack, being
embarrassed in public, being contaminated, being away from home or close
relatives, gaining weight, having multiple physical complaints, or having a
serious illness, and the anxiety and worry do not occur exclusively during
posttraumatic stress disorder.
E. The anxiety, worry, or physical symptoms cause clinically significant distress
or impairment in social, occupational, or other important areas of functioning.
F. The disturbance is not due to the direct physiological effects of a substance
(
i.e
., drug of abuse, a medication) or a general medical condition (
i.e
.,
hyperthyroidism) and does not occur exclusively during a mood disorder,
psychotic disorder, or a pervasive developmental disorder.
Generalized anxiety disorder (GAD) is much more than the normal anxiety people
experience day to day (National Institute of Mental Health). It is chronic and
exaggerated worry and tension, even though nothing seems to provoke it. Having this
disorder means always anticipating disaster, often worrying excessively about health,
money, family, or work. Sometimes, though, the source of the worry is hard to
pinpoint. Simply the thought of getting through the day provokes anxiety.
1.58 • Legal Ethics and Professional Conduct
IV. OBSESSIVECOMPULSIVE DISORDER (OCD)
A. What is OCD?
Obsessivecompulsive disorder (OCD), one of the anxiety disorders, is a
potentially disabling condition that can persist throughout a person’s life
(National Institutes of Health, 1994). The individual who suffers from OCD
becomes trapped in a pattern of repetitive thoughts and behaviors that are
senseless and distressing but extremely difficult to overcome. OCD occurs in
a spectrum from mild to severe, but if severe and left untreated, can destroy a
person’s capacity to function at work, at school or even in the home.
B. Example of OCD.
During his last year at law school, John became aware that he was spending
more and more time preparing for classes, but he worked hard and graduated
in the top of his class. He accepted a position at a prestigious law firm in his
hometown and began work with high hopes for the future. Within weeks, the
firm was having second thoughts about John. Given work that should have
taken two or three hours, he was going over and over the research, spending a
week or more on a task. He knew it was taking too long to get each job done,
but he felt compelled to continue checking.
C. Key features of OCD.
1. Obsessions.
These are unwanted ideas or impulses that repeatedly well up in the
mind of the person with OCD. Persistent fears that harm may come to
self or a loved one, and unreasonable belief that one has a terrible
illness, or an excessive need to do things correctly or perfectly, are
common (National Institutes of Health, 1994). Again and again the
individual experiences a disturbing thought, such as, “My hands may
be contaminated—I must wash them”; “I may have left the gas on”; or
“I am going to injure my child.” These thoughts are intrusive,
unpleasant, and produce a high degree of anxiety. Often the obsessions
are of a violent or a sexual nature or concern illness.
2. Compulsions.
In response to their obsessions, most people with OCD resort to
repetitive behaviors called compulsions. The most common of these
are washing and checking. Other compulsive behaviors include
counting (often while performing another compulsive action such as
hand washing), repeating, hoarding, and endlessly rearranging objects
in an effort to keep them in precise alignment with each other
(National Institutes of Health, 1994). These behaviors generally are
intended to ward off harm to the person with OCD or others. Some
people with OCD have regimented rituals while others have rituals that
are complex and changing. Performing rituals may give the person
with OCD some relief from anxiety, but it is only temporary.
Substance Abuse • 1.59
D. Insight.
People with OCD usually have considerable insight into their own problems.
Most of the time, they know that their obsessive thoughts are senseless or
exaggerated, and that their compulsive behaviors are not really necessary.
However, this knowledge is not sufficient to enable them to stop obsessing or
the carrying out of rituals.
E. Resistance.
Most people with OCD struggle to banish their unwanted, obsessive thoughts
and to prevent themselves from engaging in compulsive behaviors. Many are
able to keep their obsessivecompulsive symptoms under control during the
hours when they are at work or attending school. But over the months or
years, resistance may weaken, and when this happens, OCD may become so
severe that timeconsuming rituals take over the sufferer’s lives, making it
impossible for them to continue activities outside the home (National
Institutes of Health, 1994).
F. Shame and secrecy.
OCD sufferers often attempt to hide their disorder rather than seek help. Often
they are successful in concealing their obsessivecompulsive symptoms from
friends and coworkers. An unfortunate consequence of this secrecy is that
people with OCD usually do not receive professional help until years after the
onset of their disease. By that time, they may have learned to work their
lives—and family members’ lives—around rituals.
G. Longlasting symptoms.
OCD tends to last for years, even decades. The symptoms may become less
severe from time to time, and there may be long intervals when the symptoms
are mild, but for most individuals with OCD, the symptoms are chronic.
H. What causes OCD?
The old belief that OCD was the result of life experiences has given way
before the growing evidence that biological factors are a primary contributor
to the disorder. The fact that OCD patients respond well to specific
medications that affect the neurotransmitter serotonin suggests the disorder
has a neurobiological basis. For that reason, OCD is no longer attributed to
attitudes a patient learned in childhood—for example, an inordinate emphasis
on cleanliness, or a belief that certain thoughts are dangerous or unacceptable.
Instead, the search for causes now focuses on the interaction of
neurobiological and environmental influences.
OCD is sometimes accompanied by depression, eating disorders, substance
abuse disorder, a personality disorder, attention deficit disorder, or another of
the anxiety disorders. Coexisting disorders can make OCD more difficult
both to diagnose and to treat.
1.60 • Legal Ethics and Professional Conduct
I. Do I have OCD?
A person with OCD has obsessive and compulsive behaviors that are extreme
enough to interfere with everyday life. People with OCD should not be
confused with a much larger group of individuals who are sometimes called
“compulsive” because they hold themselves to a high standard of performance
and are perfectionistic and very organized in their work and even in
recreational activities. This type of ‘compulsiveness’ often serves a valuable
purpose, contributing to a person’s selfesteem and success on the job. In that
respect, it differs from the lifewrecking obsessions and rituals of the person
with OCD.
J. Could it be ObsessiveCompulsive Disorder (OCD)?
Obsessive behavior is quite common. In fact, Felix Unger of television’s “Odd
Couple” made famous an obsession with cleanliness. Many people have
similar obsessive behaviors, such as persistently organizing their desk in a
certain way or washing their hands frequently. However, this behavior is not
OCD.
OCD is much more extreme than these idiosyncrasies.
OCD takes control of the lives of people of all ages—adults, teenagers, and
young children. While children and adults experience many of the same
obsessions and compulsions, children often express their disorder in special
ways.
While only a doctor, psychiatrist, psychologist or licensed independent social
worker can diagnose OCD, the following summary can help you begin to
understand what is OCD—and what is not.
V. ASK YOURSELF
Yes No
______ ______ Do you have thoughts that make you anxious and that you
cannot get rid of?
______ ______ Do you have a tendency to keep things extremely clean or to
wash your hands very frequently, more than other people you
know?
______ ______ Do you check things over and over to make sure they were
done correctly?
Substance Abuse • 1.61
What IS OCD What is NOT
Cleaning/Washing
A man who washes his hands 100 times a
day until they are red and raw.
Cleaning/Washing
A woman who unfailingly washes her
hands before every meal.
Checking/Questioning
A woman who locks and relocks her door
before going to work every day—for half
an hour.
Checking/Questioning
A woman who doublechecks that her
apartment door and windows are locked
each night before she goes to bed.
Collecting/Hoarding
A man who stores 19 years of newspapers
“just in case” with no system for filing or
retrieval
Collecting/Hoarding
A woman who dedicates all her spare time
and money to building her art collection
Counting/Repeating
A college student who must tap on the
door frame of every classroom 14 times
before entering.
Counting/Repeating
A musician who practices a difficult
passage over and over again until it is
perfect.
Arranging/Organizing
A woman who spends hours alphabetizing
every item in her kitchen cabinets and
must have all clothing organized by color.
Arranging/Organizing
An office manager who will not leave the
office until his desk is clear and his inbox
is empty.
Comprehensive information on OCD is available by calling 18006397462
(NEWS4OCD) and by visiting the OCD Web site at http://www.ocdresource.com.
VI. A SCREENING TEST OF OBSESSIVECOMPULSIVE DISORDER
People who have ObsessiveCompulsive Disorder (OCD) experience recurrent,
unpleasant thoughts (obsessions) and feel driven to perform certain acts over and over
again (compulsions). Although sufferers usually recognize that the obsessions and
compulsions are senseless or excessive, the symptoms of OCD often prove difficult to
control without proper treatment. Obsessions and compulsions are not pleasurable; on
the contrary, they are a source of distress. The following questions are designed to
help people determine if they have symptoms of OCD and could benefit from
professional help.
1.62 • Legal Ethics and Professional Conduct
A.
Part A. Please check Yes or No.
Yes No
Have you been bothered by unpleasant thoughts or
images that repeatedly enter your mind, such as:
1. Concerns with contamination (dirt, germs,
chemicals, radiation) or acquiring a serious illness
such as AIDS? ____ ____
2. Overconcern with keeping objects (clothing,
groceries, tools) in perfect order or arranged
exactly? ____ ____
3. Images of death or other horrible events? ____ ____
4. Personally unacceptable religious or sexual
thoughts? ____ ____
Have you worried a lot about terrible things happening,
such as:
5. Fire, burglary, or flooding the house? ____ ____
6. Accidentally hitting a pedestrian with your car or
letting it roll down hill? ____ ____
7. Spreading an illness (giving someone AIDS)? ____ ____
8. Losing something valuable? ____ ____
9. Harm coming to a loved one because you were not
careful enough? ____ ____
Have you worried about acting on an unwanted and
senseless urge or impulse, such as:
10. Physically harming a loved one, pushing a stranger
in front of a bus, steering your car into oncoming
traffic; inappropriate sexual contact; or poisoning
dinner guests? ____ ____
Have you felt driven to perform certain acts over and
over, such as:
11. Excessive or ritualized washing, cleaning, or
grooming? ____ ____
Substance Abuse • 1.63
Yes No
12. Checking light switches, water faucets, the stove,
door locks, or emergency brake? ____ ____
13. Counting; arranging; eveningup behaviors (making
sure socks are same height)? ____ ____
14. Collecting useless objects or inspecting the garbage
before it is thrown out? ____ ____
15. Repeating routine actions (in/out of chair, going
through doorway, relighting cigarette) a certain
number of times until it feels
just right
? ____ ____
16. Need to touch objects or people? ____ ____
17. Unnecessary rereading or rewriting; reopening
envelopes before they are mailed? ____ ____
18. Examining your body for signs of illness? ____ ____
19. Avoiding colors (“red” means blood), numbers
(“13” is unlucky), or names (those that start with
“D” signify death) that are associated with dreaded
events or unpleasant thoughts? ____ ____
20. Needing to “confess” or repeatedly asking for
reassurance that you said or did something
correctly? ____ ____
If you answered YES to
two or more
of the above questions, please
continue with Part B below.
1.64 • Legal Ethics and Professional Conduct
B. Part B.
The following questions refer to the repeated thoughts, images, urges, or
behaviors identified in Part A. Consider your experience during the past 30
days when selecting an answer. Circle the most appropriate number from 0 to
4.
1. On average, how much
time
is occupied by these
thoughts or behaviors each
day?
0
None
1
Mild
(less than 1
hour)
2
Moderate
(1 to 3
hours)
3
Severe
(3 to 8
hours)
4
Extreme
(more than 8
hours)
2. How much
distress
do they
cause you?
0
None
1
Mild
2
Moderate
3
Severe
4
Extreme
(disabling)
3. How hard is it for you to
control
them?
0
Complete
Control
1
Much
Control
2
Moderate
Control
3
Little
Control
4
No Control
4. How much do they cause
you to
avoid
doing anything,
going any place, or being
with anyone?
0
No
avoidance
1
Occasional
avoidance
2
Moderate
avoidance
3
Frequent
and
extensive
4
Extreme
(housebound)
5. How much do they
interfere
with school, work or
your social or family life?
0
None
1
Slight
interference
2
Definitely
interferes
with
functioning
3
Much
interference
4
Extreme
(disabling)
Sum on Part B (Add items 1
to 5)
___________
Scoring:
If you answered YES to two or more of the questions in Part A
and
scored five or
more on Part B, you may wish to contact OLAP, your physician, a mental health
professional, or a patient advocacy group (such as the Obsessive Compulsive Foundation,
Inc.) to obtain more information on OCD and its treatment. Remember, a high score on this
questionnaire does not necessarily mean you have OCD—only an evaluation by an
experienced clinician can make this determination.
Substance Abuse • 1.65
VII. PREVALENCE
Community studies have estimated a lifetime prevalence of 2.5% and a oneyear
prevalence of 0.5%—2.1% in the general adult population. Among attorneys, 21% of
men and 15% of women suffer from OCD.
Although ObsessiveCompulsive Disorder symptoms typically begin during the
teenage years or early adulthood, recent research shows that some children develop
the illness at earlier ages, even during the preschool years. Studies indicate that at
least onethird of cases of ObsessiveCompulsive Disorder in adults began in
childhood.
VIII. DIAGNOSTIC CRITERIA FOR OBSESSIVECOMPULSIVE DISORDER
(DSMIVTR, P. 462463)
Superstitions
and
repetitive checking behaviors
are commonly encountered in
everyday life. A diagnosis of ObsessiveCompulsive Disorder should be considered
only if they are particularly time consuming or result in clinically significant
impairment or distress.
A. Either obsessions or compulsions.
1. Obsessions as defined by a., b., c., and d.
a. Recurrent and persistent thoughts, impulses, or images that are
experienced, at some time during the disturbance, as intrusive
and inappropriate and that cause marked anxiety or distress.
b. The thoughts, impulses, or images are not simply excessive
worries about reallife thoughts.
c. The person attempts to ignore or suppress such thoughts,
impulses, or images, or to neutralize them with some other
thought or action.
d. The person recognizes that the obsessive thoughts, impulses, or
images are a product of his or her own mind (not imposed from
without as in thought insertion).
2. Compulsions as defined by a. and b.
a. Repetitive behaviors (
e.g
., hand washing, ordering, checking )
or mental acts (
e.g
., praying, counting, repeating words
silently) that the person feels driven to perform in response to
an obsession, or according to rules that must be applied rigidly.
1.66 • Legal Ethics and Professional Conduct
b. The behaviors or mental acts are aimed at preventing or
reducing distress or preventing some dreaded event or
situation; however, these behaviors or mental acts either are not
connected in a realistic way with what they are designed to
neutralize or prevent or are clearly excessive.
B. At some point during the course of the disorder, the person has recognized
that the obsessions or compulsions are excessive or unreasonable. Note: This
does not apply to children.
C. The obsessions or compulsions cause marked distress, are time consuming
(take more than one hour a day), or significantly interfere with the person’s
normal routine, occupational (or academic) functioning, or usual social
activities or relationships.
D. If another Axis I disorder is present, the content of the obsessions or
compulsions is not restricted to it (
e.g
., preoccupation with food in the
presence of an eating disorder; hair pulling in the presence of trichotillomania;
concern with appearance in the presence of body dysmorphic disorder;
preoccupation with drugs in the presence of a substance abuse disorder;
preoccupation with having a serious illness in the presence of
Hypochondriasis; preoccupation with sexual urges in the presence of a
Paraphilia; or guilty ruminations in the presence of major depressive
disorder).
E. The disturbance is not due to the direct physiological effects of a substance
(
e.g
., a drug of abuse, a medication) or a general medical condition.
F. Working together.
Though the method of “talking things over” usually will not by itself solve
anxiety problems, it will help a physician or mental health professional
determine what will work for you. Together you can try to pinpoint original
sources of your anxiety and consider what changes you can make that will
reduce stress. The important thing to realize is that persistent underlying
anxiety is a disorder—a treatable disorder. In some cases, a chemical
imbalance exists which actually causes the anxiety. The goal of treatment,
then, is to return the chemical balance to the brain to normal levels. Treatment
may consist of medication, relaxation techniques, counseling therapy,
exercise, dietary changes or a combination of two or more of these. There is
no quick fix for persistent anxiety, but you can get help to feel better. With
proper diagnosis and treatment, patients often report relief within a few weeks
and progressive improvement after that.
IX. HELP IS AVAILABLE
If you or someone you know has signs of an anxiety disorder, you can contact
A. Your healthcare provider;
B. Mental health clinics;
Substance Abuse • 1.67
C. Mental health professionals;
D. The National Institute of Mental Health at 18888269438;
E. The Anxiety Disorders Association of America at 13012319350;
http://www.adaa.org.
F. The National Alliance for the Mentally Ill at 18009506264;
http://www.nami.org.
G. The National Mental Health Association at 18009696642;
H. The Obsessive Compulsive Foundation (OCF) at 12038785669 or
12038743843;
http://pages.prodigy.com/akwillen.ocf.html.
I. The Obsessive Compulsive Information Center at 16088272390;
J. The OCD Resource Center at 1800NEWS4OCD (18006397462); and
http://www.ocdresource.com.
K. OLAP 18003484343 or 18006188606.
You can join the millions of people who are no longer “worried sick.”
1.68 • Legal Ethics and Professional Conduct
Substance Abuse • 1.69
DEPRESSION
I. WHAT IS DEPRESSION?
It is a mental illness that affects the mind and the body. Depression can cause many
symptoms. For instance, people who are depressed may
A. Pull away from people and activities;
B. Lose interest and pleasure in life;
C. Feel sad, disappointed, confused or anxious; and
D. Suffer aches and pains, fatigue, poor digestion, sleep problems,
etc.
Most people feel down from time to time—it is a natural response to stress and
tension. But with depression these feelings are severe or long lasting.
Depression is common.
Millions of people suffer from depression each year. In 2000, the World Health
Organization ranked depression as the fourth greatest public health problem. A
National Comorbidity Study found that the lifetime risk of experiencing a depressive
episode is approaching 15%.
A. Ten to twentyfive percent for adolescent and adult women; and
B. Five to twelve percent for adolescent and adult men.
Terry L. Harrell JD, MSW, LCSW (Clinical Director, Indiana Judges and Lawyers
Assistance Program) cited in her March 2002 presentation, a study from John
Hopkins University. Individuals from 28 different occupations were studied, and it
was discovered lawyers had the highest rates of depression. In the State of
Washington, 801 lawyers were examined and the results found 19% suffered from
depression. A survey of 2500 lawyers in North Carolina found that 25% reported
symptoms of clinical depression. OLAP is aware of three suicides since January
2000.
II. DEPRESSION
Depression is more than a day of feeling low. It is a longlasting, often recurring
illness as real and disabling as heart disease or arthritis. Adults who experience
clinical depression may feel an oppressive sense of sadness, fatigue, and guilt.
Performing on the job may be difficult. Going out with friends may be unthinkable.
Merely getting out of bed may be impossible. The person who has depression feels
increasingly isolated from family and colleagues—helpless, worthless, and lost.
Depression is a very common emotional illness. It affects about 10% of the adult U.S.
population. One in four women and one in 10 men will experience a depressive
episode in their lifetime. Among attorneys, 21% of men and 16% of women suffer
from depression.
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III. WHAT CAUSES DEPRESSION?
We now know that depression results from an interaction of several factors—
environmental, biological, and genetic.
A. Environmental factors.
Stress resulting from work, the loss of a job or client, death of a family
member, divorce, or ongoing health of family problems can trigger
depression.
B. Biological factors.
Depression may also be tied to disturbances in the biochemicals that regulate
mood and activity. These biochemicals, called neurotransmitters, are
substances that carry impulses or messages between nerve cells in the brain.
An imbalance in the amount or activity of neurotransmitters can cause major
disruptions in thought, emotion, and behavior.
Some people develop depression as a reaction to other biological factors such
as chronic pain, medications, hypothyrodism, or other medical illnesses.
C. Genetic factors.
Because depression appears to be linked to certain biological factors, people
can inherit a predisposition to develop depression. In fact, 25% of those
people with depression have a relative with some form of this illness.
IV. THERE IS HELP…
Doctors know more about depression than perhaps any other emotional illness.
Because of research and medical advancements, 8090% of those with a depressive
disorder can be treated successfully.
A. Evaluation.
A complete evaluation with a qualified professional is the first step in seeking
treatment. Only a licensed physician, psychologist or licensed independent
social worker can diagnose a person with a psychiatric disorder. During the
diagnostic assessment, the evaluation will determine if any other factors are
contributing to or even causing the depressive symptoms.
B. Professional counseling.
Various psychotherapies or “talk therapies” commonly used in the treatment
of depression focus on the causes and effects of the illness. Interpersonal
therapy helps people deal with problems in personal relationships. Cognitive
therapy helps patients change negative thoughts or perceptions, such as high
achievers who are convinced they are failures.
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C. Medication.
Sometimes used in combination with psychotherapy, medication can correct
the biochemical imbalances that may cause depressive episodes. When
carefully prescribed and monitored by a physician, medications can relieve
symptoms in three to six weeks.
FACTS ON DEPRESSION
I. WHAT IS DEPRESSION?
A. Depression is a common and sometimes serious disorder of mood that is
pervasive, intense and attacks the mind and body at the same time.
B. Depression may be associated with an imbalance of chemicals
(neurotransmitters) in the brain that carry communications between nerve
cells that control mood and other basic bodily functions.
C. Other factors may also come into play, such as negative life experiences such
as stress or loss, other medical illnesses, medicines, and certain personality
traits and genetic factors.
II. TYPES OF DEPRESSION
A. Major depression is a common type of depression and is characterized by at
least five of the key symptoms (
see
list below).
B. Dysthymia is a milder, chronic form of depression that lasts two years or
more.
C. Bipolar depression is the depressive phase of manicdepressive illness (bipolar
disorder), in which there are both extreme highs and extreme lows of mood.
Bipolar depression symptoms are similar to those of major depression, and
may involve excessive sleep and appetite with very low energy.
D. Seasonal affective disorder is a type of depression that follows seasonal
rhythms, with symptoms occurring in the winter months and diminishing in
spring and summer, and can occur in major depression or bipolar disorder.
III. WHAT ARE THE SYMPTOMS OF DEPRESSION?
A. Persistent sad or empty mood;
B. Loss of interest or pleasure in ordinary activities;
C. Changes in appetite or weight;
D. Inability to sleep or oversleeping;
E. Restlessness or sluggishness;
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F. Decreased energy or fatigue;
G. Difficulty concentrating or making decisions;
H. Feelings of guilt, hopelessness or worthlessness; and
I. Thoughts of death or suicide.
IV. TREATMENT OF DEPRESSION
A. More than 80% of people with depression improve with treatment within
several months, although it may be necessary to try multiple forms of
treatment until the right ones are found.
B. Antidepressant medications may take several weeks to be effective.
C. Psychotherapy, sometimes called talking therapy, is aimed at helping the
person develop new ways of thinking, improving relations with other people,
or resolving current conflicts or those remaining from childhood.
D. Electroconvulsive therapy (ECT), contrary to popular mythology, is a very
safe and effective form of treatment. It is generally used for individuals with
severe depression and for patients who cannot tolerate medication because of
a medical condition or are at high risk for suicide.
E. Selfhelp groups can provide a supportive environment for individuals with
depression, their family and friends.
V. ECONOMIC AND SOCIAL COSTS OF DEPRESSION
A. Depression costs nearly $50 billion annually in the United States alone.
B. Twentyfour billion dollars is comprised of lost productivity and worker
absenteeism.
C. Treatment for depression reduces overall costs by reducing hospitalizations,
medical expense, and disability.
D. By the year 2020, unipolar major depression will be the second most
burdensome illness in the world in terms of lost years of healthy life.
E. Heart attack survivors and those with congestive heart failure with major
depression have a 34 times greater risk of dying within six months than those
who do not suffer from depression.
VI. DEPRESSION AND SENIORS
A. Depression symptoms occur in approximately 15% of community residents
over age 65, with an even higher prevalence in nursing home residents.
Substance Abuse • 1.73
B. Chronically depressed seniors have an 88% higher risk of contracting all
forms of cancer than do nondepressed seniors.
C. Concurrent medical conditions and early dementia can compromise accurate
recognition of depression in seniors.
D. Common medical illnesses
associated with latelife depression include cancer,
Parkinson’s disease, heart disease, stoke, and Alzheimer’s dementia.
E. A third of widows/widowers meet criteria for a major depressive episode in
