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OnDemand Course

Workplace Substance Abuse and Ethical Issues with Impaired Lawyer

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

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 disciplinary action. This information will address some of the underlying reasons that lawyers suffer disproportionally high rates of substance abuse and mental health problems. It will review some common examples of attorney misconduct caused by substance abuse and/or mental illness. This material will look at both how these issues affect both the individual attorneys and the firm as a whole. It will also provide suggestions on some ways to protect your firm and your practice from impaired colleagues and where to go for help. Finally, this information will suggest some best practices to have in place prior to any problems.

Runtime: 87 minutes
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Why Lorman?

Over 33 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

Overview

  • 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)
  • Revenue and Firm Reputation

Firm-Wide 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

Treatment and Disciplinary Alternatives for the Impaired Attorney

  • Diversion Programs
  • Lawyers Assistance Programs
  • New Trends in Treatment - Cognitive Behavioral Therapy, Alternatives to 12-Step Programs, etc.

Suggestions for Maintaining Firm Well-Being and a Healthy Environment for Employees

  • Wellness Policies
  • Vacation and Electronic Media Policies
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Why Lorman?

Over 33 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

MP3 Download

  • AK CLE 1.5 including Ethics 1
     
  • Arizona CLE 1.5 including Ethics 1
     
  • CA MCLE 1.5 including Ethics 0.5; Competence Issues 1
     
  • CT CLE 1.5 including Ethics 1
     
  • HI CLE 1.5 including Ethics 1
     
  • ME CLE 1.5 including Ethics 1
     
  • NJ CLE 1.8 including Ethics 1.2
     
  • NM CLE 1.5 including Ethics 1
     
  • NY CLE 1.5 including Ethics and Professionalism 1.5
     
  • OR CLE 1.5
     
  • UT CLE 1.5
     
  • VT CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

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

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on May 21, 2020.

Call 1-866-352-9540 for further credit information.

  • 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 1.4 including Ethics 1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.4 hours' credit, including 1.0 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 Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hours of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 0.5; Competence Issues 1
     
  • Lorman Business Center, LLC. 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.
     
  • CT CLE 1.0 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: 1.0 CLE credit(s) including 1.00 hour(s) of ethics credit.
     
  • FL CLE 2.0 including Substance Abuse 1; Ethics 1
     
  • This course has been approved by The Florida Bar for 2.0 hour(s) of CLE credit, including 1.00 hour(s) of ethics credit and 1.00 hour(s) of Substance Abuse credit. Course classification: Intermediate level.
     
  • GA CLE 1.0 including Ethics 1
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours, including 1.0 ethics hours.
     
  • HI CLE 1.25 including Ethics 1
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.25 CLE credit hours including 1.00 ethics credit hours.
     
  • IA CLE 1.5 including Ethics 1
     
  • Workplace Substance Abuse and Ethical Issues with 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 hour(s) including 1.00 ethics hour(s) of unmoderated credit towards the mandatory continuing legal education requirements under the Iowa rule. Please note: you can receive a maximum of 6 hours of unmoderated activities per calendar year.
     
  • IL CLE 1.25 including Legal Ethics 0.5; Mental Health and Substance Abuse 0.75
     
  • This course was approved for a total of 1.25 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 0.75 hours.
     
  • IN CLE 1.5 including Ethics 1
     
  • 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 1.0 hour(s) of ethics.
     
  • ME CLE 1.0 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 1.0 hours of CLE credit including 1.00 ethics hours under M. Bar R. 12.
     
  • MN CLE 1.25 including Ethics 1
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.25 hours of credit, including 1.00 hours of ethics credit.
     
  • MS CLE 1.4 including Ethics 1
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.4 credit hours, including 1.0 hours of ethics credit.
     
  • NC CLE 1.5 including Substance Abuse 1; Ethics 0.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours, including 0.50 hour(s) of ethics credit and Substance Abuse for 1.00 hour.
     
  • ND CLE 1.5 including Ethics 1
     
  • North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.5 hours of CLE credit, including 1.00 hours of ethics credit.
     
  • NH MCLE 1.4
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 86 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 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 credit for established attorneys only. Lorman Business Center, LLC. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5 including Professional Conduct 1
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours, including Professional Conduct for 1.00 hour. Please note: Not more than twelve (12) hours of self-study CLE credit for any biennial reporting period may be earned by an Attorney or Judge under Regulation 409.2. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
     
  • OR CLE 1.5 including Substance Abuse 1.5
     
  • Approved for 1.5 CLE credits in Oregon, including Substance Abuse for 1.50 hours.
     
  • PA CLE 1.0 including Ethics 1
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours including 1.00 hours 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 hours of ethics credit.
     
  • TN CLE 1.43 including Dual 1
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.43 hours of credit, including 1.00 hours of dual credit.
     
  • TX MCLE 1.5 including Ethics 1
     
  • 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 1.00 credit hours will apply to legal ethics/professional responsibility credit. 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 1.00 hours will apply to legal ethics/professional responsibility credit.
     
  • 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 including Ethics 1.5
     
  • This program has been approved by the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours, including 1.50 hours of ethics credit.
     
  • VT CLE 1.5 including Ethics 1
     
  • This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit including 1.00 hour(s) of ethics credit. Please note: Attorneys may only claim 6 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
     
  • WV MCLE 1.8 including Substance Abuse 0.6; Ethics 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 1.43
     
  • This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements. Program Length: 1.43 hour(s).
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York. Other states do not need to supply the CLE Code to apply for CLE credit.

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

Virginia MCLE requirements do not allow approval for programs that do not include an audio or audiovisual component.

This program was previously offered as a live webinar. Virginia MCLE requirements do not allow approval for attendance at duplicate programs.

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

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Why Lorman?

Over 33 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; and Federal Bar Council
  • J.D. degree, Cardozo Law School; M.A. and B.A. degrees, Case Western Reserve University
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Why Lorman?

Over 33 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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Pay once and get a full year of unlimited training in any format, any time!

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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 407652
Published 2020
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