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Live Webinar

90-minute live streaming program
  • December 19
  • 1:00 - 2:30 pm EST

Workplace Substance Abuse and Ethical Issues With an Impaired Lawyer

December 19

Gain an understanding of how to recognize mental health and substance abuse within your colleagues.

It has been a truism for decades, if not centuries, that lawyers have problems with the bottle – it is a common cliché in movies and novels. Often the impaired attorney is the managing partner or the firm’s rainmaker. It can be uncomfortable for colleagues to address the issue. Frequently they ignore the problem until it’s too late – the firm has angry clients, malpractice suits and pending disciplinary action. This topic will first address some of the underlying reasons that lawyers suffer disproportionally high rates of substance abuse and mental health problems. We will then review some common examples of attorney misconduct caused by substance abuse and/or mental illness. We will look at both how these issues affect both the individual attorneys and the firm as a whole. We will suggest some ways to protect your firm and your practice from impaired colleagues and where to go for help. Finally, this material will suggest some best practices to have in place prior to any problems.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Introduction and Overview of the Topic
  • Current Statistics on Lawyers and Substance Abuse and Mental Health Issues and Some Possible Explanations for These Numbers
  • General Understanding of Causes – Nature of Legal Work, Self-Selecting Population
  • Differences Among Attorneys Re: Gender, Age, Area of Practice, Length of Practice, Income
  • Signs and Symptoms of Substance Abuse and/or Mental Health Issues
How These Disorders Impact Lawyers' Practice
  • Ethical Violations and Discipline – Common Types of Misconduct That Are Frequently the Result of Mental Health Problems and Substance Abuse: Neglect, Poor Practice Management, Comingling
  • Criminal Consequences – DWI, Drug Possession, Assaults, Domestic Violence Offenses
  • Malpractice Claims – Inability to Be Insured
How These Disorders Impact the Workplace
  • Liability/Malpractice Issues
    • Impaired Attorneys
    • Impaired Managing Partners
    • Impaired Support Staff
  • Potential Professional Discipline
    • What Are the Reporting Requirements Under Rule 8.3?
    • What Potential Exposure Does the Rest of the Firm Have? (See in Re Wilens and Baker Firm Was Disciplined for Failure to Address Misconduct by Partner)
  • Loss of Revenue and Firm Reputation
    • FirmWide Policies and Procedures
    • Requirements Under the Americans With Disabilities Act for Employees With Substance Abuse and Mental Health Issues
    • Suggestions for Firm Policies to Be Established Before a Problem Arises
    • Strategies for Getting Help
    • Asking for Help and Issues to Be Aware of Lawyers Assistance Programs, Peers, Human Resources Departments
    • Ways to Approach the Impaired Colleague
  • Diversion Programs
  • Lawyers Assistance Programs
  • New Trends in Treatment – Cognitive Behavioral Therapy, Alternatives to 12-Step Programs, etc
    • Suggestions for Maintaining Firm WellBeing and a Healthy Environment for Employees
    • Wellness Policies
    • Vacation and Electronic Media Policies
Treatment and Disciplinary Alternatives for the Impaired Attorney
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • AK CLE 1.5 including Ethics 1
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.00 hours of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 0.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 0.5 hours of ethics credit.
     
  • AR CLE 1.5 including Ethics 1
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.00 hours of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 1
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hour of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 0.5; Competence Issues 1
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes Competence Issues for 1.00 hour.
     
  • CO CLE 2.0 including Ethics 1.2
     
  • This program may qualify for 2.0 credit hours including 1.2 hours of ethics credit through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5 including Ethics 1
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 1.00 hour(s) of ethics credit.
     
  • DE CLE 1.5 including Ethics 1
     
  • This program has been approved by the Delaware Commission on Continuing Legal Education for 1.5 hours of CLE credit, including 1.0 hour of enhanced ethics credit.
     
  • FL CLE 2.0 (Pending)
     
  • This course has been submitted to The Florida Bar for 2.0 hours of CLE credit. Application pending.
     
  • GA CLE 1.5 including Ethics 1
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.0 ethics hours.
     
  • HI CLE 1.5 including Ethics 1
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.00 ethics hour.
     
  • IA CLE 1.5 including Ethics 1.5
     
  • Workplace Substance Abuse and Ethical Issues With an Impaired Lawyer is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hours of credit, including 1.50 hours of ethics credit toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.5 including Legal Ethics 0.5; Mental Health and Substance Abuse 1
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board. The Illinois Commission on Professionalism has also approved this course for the following credit: Legal Ethics for 0.50 hours and Mental Health and Substance Abuse for 1.00 hour.
     
  • IN CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Indiana Commission for Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education CLE credit which includes 1.5 hour(s) of ethics.
     
  • KS CLE 1.5 including Ethics and Professionalism 1.5
     
  • This course has been approved by the Kansas Continuing Legal Education Commission for a maximum of 1.5 CLE credit hours, including 1.5 hours of ethics and professionalism credit.
     
  • KY CLE 1.5 (Pending)
     
  • Application for approval of this activity for a maximum of 1.5 credits is PENDING before the Kentucky Bar Association Continuing Legal Education Commission.
     
  • LA CLE 1.5 including Ethics 1
     
  • This program has been approved by the Louisiana State Bar MCLE Committee for 1.5 CLE hours, including 1.00 hours of ethics credit.
     
  • ME CLE 1.5 including Ethics 1
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit including 1.00 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.5 including Ethics 1
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.00 hours of ethics credit.
     
  • MO CLE 1.8 including Ethics 1.2
     
  • This program has been approved by the Missouri Bar for 1.8 hours of CLE, including 1.2 hours of ethics credit.
     
  • MS CLE 1.5 including Ethics 0.5; Substance Abuse 0.5
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours, including 0.5 hours of ethics credit.
     
  • MT CLE 1.5 including Substance Abuse 0.5; Ethics 0.5
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes Substance Abuse for 0.50 hours.
     
  • NC CLE 1.5 (Pending)
     
  • ND CLE 1.5 including Ethics 1
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.5 hours of CLE credit, including 1.00 hours of ethics credit.
     
  • NE CLE 1.5 including Professional Responsibility 1.5
     
  • Lorman Business Center, Inc. is an accredited CLE sponsor in the State of Nebraska and certifies that this activity has been approved for 1.5 hours of CLE credit in the State of Nebraska, including 1.50 hour of professional responsibility credit.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8 including Ethics 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.5 including Ethics 1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.0 hours of ethics/professionalism credit.
     
  • NV CLE 1.5 including Ethics 0.5; Substance Abuse 0.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including Substance Abuse for 0.50 hours.
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5 (Pending)
     
  • This course has been submitted to the Supreme Court of Ohio Commission on Continuing Legal Education for 1.5 CLE hours. Approval pending.
     
  • OK CLE 2.0 including Ethics 2
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 2.00 hours are credits covering legal ethics.
     
  • OR CLE 1.5 (Pending)
     
  • MCLE Credit in Oregon is pending.
     
  • PA CLE 1.5 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hour including 1.00 hour of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.00 hour of ethics credit.
     
  • TN CLE 1.5 including Dual 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit, including 1.50 hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 1.5
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 1.50 hour will apply to legal ethics/professional responsibility. Lorman Education Services is an accredited sponsor approved by the State Bar of Texas, Committee on MCLE. This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 1.50 hour will apply to legal ethics/professional responsibility.
     
  • UT CLE 1.5 including Ethics 1
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.00 hours of ethics credit.
     
  • VA CLE 1.5 (Pending)
     
  • This program has been submitted to the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5 including Ethics 1
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit, including 1.00 hour of ethics credit.
     
  • WA CLE 1.5 including Ethics 0.5; Other 0.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit, including 0.50 hours of ethics credit and Other for 0.50 hours.
     
  • WI CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement, including 1.50 hours of ethics credit.
     
  • WV MCLE 1.8 including Ethics 0.6; Substance Abuse 0.6
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including Substance Abuse for 0.6 hours.
     
  • NALA 1.5
     
  • This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, for continuing legal assistant education credit required to maintain the CP (Certified Paralegal) credential for (s) hours.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is designed for attorneys, lawyers, counsel, general counsel, partners and other legal professionals.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Meredith S. Heller

Meredith S. Heller

Law Office of Meredith S. Heller PLLC

  • Principal, the Law Office of Meredith S. Heller PLLC
  • Practice emphasizes criminal defense and professional responsibility
  • Frequent speaker at CLEs on substance abuse and the profession, as well as professional ethics, generally
  • Current Chair of the New York City Bar Association’s Professional Responsibility Committee
  • Member of the New York City Bar Association (former Chair, Professional Responsibility Committee; former Chair, Lawyers Assistance Program Committee); New York State Bar Association (member of Professional Discipline Committee); New York Association of Criminal Defense Lawyers; National Association of Criminal Defense Lawyers, Association of Professional Responsibility Lawyers; Federal Bar Council
  • J.D. Degree, Cardozo Law School; B.A. and M.A. degrees, Western Reserve University
  • Can be contacted at [email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 404246
Published 2018
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