Colleagues in Distress

Addressing the Elephant in the Law Firm: Assisting a Colleague in Distress

By Jennifer Browning Fite, State Bar of Arizona Member Assistance Program; adapted from “An Elephant in the Law Firm: Maybe No One Will Notice by Tricia S. Heil”

It may be the enthusiastic associate you hired a few years ago who is now missing appointments or arriving late. It could be the senior department head who is isolating himself and appears to be working less and less. Perhaps it is the partner you are covering for after extended lunches or poorly managed client matters. These behaviors likely indicate that something is amiss—something in these attorneys' personal lives may be affecting their professional performance.

What could cause once effective or even brilliant lawyers to neglect matters that once seemed crucial and to act in ways contrary to their ethics and values?

Having a practicing alcoholic within a law firm can be both frustrating and embarrassing for others in the firm. Everyone seems aware of the problem, yet no one knows what to do or is unwilling to get involved.

What actions should be taken? Should the individual be confronted? Should they be instructed to improve their behavior? Should concerns be brought to the managing partner? Should the issue be ignored? Is it merely a phase caused by a stressful case or personal problem that will resolve itself? Is it even your business?

Alcohol and substance use disorder is a significant issue in this country and appears to be more prevalent in the legal profession than in the general population. Substance abuse is often closely linked to attorney misconduct and legal malpractice. Addictive illnesses manifest in ways that cause afflicted individuals to violate their own moral and ethical standards. Eventually, an impaired attorney loses the ability to practice law in accordance with professional rules of conduct. Consequently, a high percentage of attorney discipline cases involve mental health concerns or substance dependency. An attorney whose illness remains untreated will likely become the subject of a lawyer regulation investigations. Substance Abuse does not improve without treatment—it worsens. Therefore, ignoring the possibility that an attorney may be in trouble enables continued or future misconduct, exposes clients to harm and the firm to malpractice liability, erodes public confidence in the legal profession, and facilitates the deterioration of the impaired attorney.

Recognizing the Elephant

Substance Use Disorder can be challenging to recognize because the behavioral symptoms may vary significantly between individuals, and because the affected person's job is often one of the last areas to deteriorate. However, there are many identifiable signs of the early stages of substance use disorder. Although there is no single behavior that definitively indicates a problem, evidence of impairment is likely to include some of the behaviors listed below:

Inconsistent work patterns
Fluctuations in quality of performance
Overreaction to real or imagined criticism
Irritability
Heightened impatience and hyper-criticism
Increasingly irresponsible behavior at work:

Missed deadlines

Complaints from clients

Mistakes due to negligence or poor judgment

Implausible excuses for poor job performance

Failure to return phone calls

Financial difficulties

Some behaviors directly related to substance use indicate your colleague may have a problem. These include:

Drinking to manage emotions and stress
Denying that a problem with drinking or drug use exists
Rationalizing drinking or drug use: "I just won a big case; I just lost a big case; it has been a long day; I deserve a couple of drinks"
Blaming others or situations for excessive drinking: "If you had my spouse/caseload/family/boss, you'd drink too!"
Attempting to control their use:

Limiting the time of day of use: "I'll only drink on the weekends/after 5:00 p.m."

Periodically "going on the wagon"

Switching from hard liquor to beer or wine

Over time, efforts to control their use fail

Drinking begins to increase negative emotions:

Growing resentment and blaming of friends/co-workers

Drinking/using followed by periods of remorse, guilt, or anxiety

Increase in depression, desperation, and a sense of hopelessness

Tolerance to the substance increases—more is needed to achieve the desired effect
Only attending functions or places where alcohol is available or having a “chemical assist” prior to attending functions
Undergoing a personality change when drinking or using
Driving after drinking/using or reacting defensively if someone asks for the car keys

Substance Abuse and Alcoholism: A Primary, Chronic, and Progressive Illness

Substance abuse, including alcoholism, is a primary, chronic, and progressive illness. The afflicted individual will progress through increasingly severe stages of the disease, causing problems in virtually every area of their life. As the rest of the impaired attorney's life becomes more unmanageable, work is often the last area to deteriorate. As the disease advances, noticeable symptoms at work include:

Frequent unauthorized absences
Excessive sick leave
Frequent absences on Mondays and Fridays
Frequent tardiness
Implausible excuses for absences
Frequent trips to the water fountain, restroom, or car in the parking lot
Deterioration in mental functioning
Decline in physical health
Behavior conflicting with values and ethics, such as mishandling of funds, lying, and driving under the influence (DUI)

Although these behaviors are not definitive indicators of addiction, observing these behaviors in someone who did not previously exhibit them suggests that something is amiss.

Steps to Take if You Suspect a Problem

Determine if your/their law firm has an employee assistance program.
Contact the Member Assistance Program for information about support and help available for your colleague.
Reach out to a local chapter of Alcoholics Anonymous or Narcotics Anonymous to obtain the name of a recovering individual willing to accompany your colleague to a meeting or speak with them on the phone.
Consult a treatment facility or trained professional if you wish to attempt an intervention for your colleague.

When Speaking to Your Colleague

Express concern for their life and health without admonishing or criticizing. For example, "People who care about you personally and professionally are concerned..."
Be specific in your conversation, referring to particular incidents or occurrences. For instance, "The brief was delayed because your work was not submitted on time..." or "Our client Mr. Jones reports that you are not returning his calls..."
Avoid speaking to your colleague when they are intoxicated or under the influence. Wait until they are clear-headed, perhaps during a period of remorse or when they appear to be suffering from a hangover.

How the Member Assistance Program Can Help

A call to the Member Assistance Program (MAP), Arizona’s Member Assistance Program, is the first step in obtaining confidential assistance for an impaired colleague.

MAP provides free, confidential advice and assistance to Arizona legal professionals, judges, law students, and their immediate family members on any issue causing stress or distress. MAP assists those whose lives or careers may be impaired due to mental, physical, or emotional problems. All cases are handled confidentially, and no reports are made to the State Bar or any other authority.

When MAP receives a call indicating that an attorney may need assistance, MAP staff will assess the situation and offer advice or referral to the Peer Support Network. Sometimes a family member, friend, or colleague seeks coaching on how to have an informal conversation about their concerns. They will then speak with the lawyer, which may generate an interest in receiving help. MAP can also coach a supervising lawyer on how to address the individual's conduct.

If the caller prefers not to approach the lawyer directly, MAP Peer Support volunteers may become involved. They may inform the impaired attorney that the MAP office has received some calls—without disclosing the source—and that there is concern about the attorney's well-being. The volunteers will share their own experiences with substance use disorder or depression, recovery, and the practice of law. They will offer peer support and information on local lawyer support groups.

This type of contact may or may not be successful. The impaired attorney may have been aware that their life was out of control and may be relieved to learn that others have recovered from similar situations and that help is available. Conversely, the attorney may decline the assistance. The volunteers will provide their contact information, keeping the door open for future contact if the attorney decides they need help. In no event will any information or report about the meeting be disclosed to anyone outside of MAP.

What Not to Do

Colleagues of an impaired lawyer may feel angry, confused, resentful, or helpless. Often, the family and colleagues of the affected person are in as much denial as the affected person. This may lead co-workers to act in ways they believe to be helpful but are, in fact, harmful by enabling the progression of the disease. The affected person becomes deluded into thinking the problem will remain under control with everyone's help. To assist an impaired colleague, do not:

Cover for the drinker by making excuses or shifting work responsibilities (e.g., moving the office away from the main reception area or hiring a private cleaning staff for the office).
Angrily admonish the lawyer—the impaired attorney already feels shame and self-judgment; your anger cannot compare to the humiliation the attorney feels toward themselves.
Ignore the problem—it will only worsen without help. Denial will enable misconduct and malpractice, potentially exposing the firm to liability.
Attempt to control the lawyer's drinking or drug use—they would control it if they could.

Be willing to acknowledge the issue openly and address it appropriately.

The majority of lawyers do not suffer from chemical dependency or substance use disorder. However, many lawyers will encounter a colleague who does at some point in their career. Education and awareness are the keys to recognizing and helping a colleague with a problem. It is better to address the problem before you or your colleague are in trouble with Lawyer Regulation, about to lose their job, under arrest or in the hospital. If you or someone you know needs assistance, please reach out to the State Bar of Arizona Member Assistance Program at: 602.340.7334 or Jennifer.Fite@staff.azbar.org. All communications are handled in confidence.

Although this guide is written to address some of the specific challenges associated with substance use disorder, it can be adapted to fit the needs of a colleague experiencing signs of mental health distress as well.

Articles, Links & Resource Material

FOR THE PUBLIC

FOR LEGAL PROFESSIONALS

ABOUT US