November 1999

Denial: It’s not a River in  Egypt . . . 

You are in the coffee room and overhear one legal assistant whispering to another, "At 9:15 this morning, John called. He said, ‘Tell them I’m sick or have been in a car accident, or that my wife is seriously ill. Tell them anything, but get my 9:30 a.m. court appearance continued.’ This is the third time in the last two months that he has asked me to cover for him."

You are concerned. John is a very productive and successful associate in your firm. You know his hearing this morning involved an important motion in significant litigation for one of the firm’s most prestigious clients. You wonder what’s going on. Then you remember that just a week ago, when you got on the elevator with John at 7:45 a.m., you could have sworn he smelled of alcohol. You looked at your watch a second time. Could he already have been drinking that morning? Also, one of your other partners mentioned that John had a bottle on his desk and was drinking openly in his office while working late one evening. You have also heard a rumor that he was recently cited for DUI. You ask yourself: Does John have a problem with alcohol?

Most of us recognize that alcoholism is a serious social, economic and health problem. Statistics verify that large numbers of violent crimes and traffic accidents are associated with drinking or drug use. Untreated alcoholism and drug addiction have cost employers enormous sums in lost productivity, medical insurance claims, absenteeism and poor performance. Alcohol affects every organ of the human body, and when taken in significant quantities, can cause irreparable damage to the heart, lungs and liver.

Some of us are also aware that lawyers and judges are more at risk for alcoholism than the general population. The American Bar Association Commission on Lawyer Assistance Programs (CoLAP) estimates that while 10 percent of the general population has a problem with alcohol abuse, 15 to 18 percent of the legal profession battle this problem. As a profession, lawyers are typically overachievers with large work loads. The daily pressures on lawyers to produce for their firms and satisfy their clients can lead to inordinate stress, leading some to seek relief in a bottle. CoLAP reports that a majority of the bars’ disciplinary problems involve chemical dependency and/or emotional stress.

Many of us, however, are not always sure who is an alcoholic, what should be done for the person who is impaired, or whether we should become involved. The Lawyers’ Assistance Program (a division of the WSBA Lawyer Services Department) is offering a CLE entitled "Denial: It’s not a River in Egypt — What Lawyers Need to Know About Substance Abuse." One hour of credit has been approved for this presentation. The program is designed to help lawyers understand the risks associated with alcoholism or drug addiction, and recognize indicators of the diseases in their clients, staff and fellow colleagues. The presentation includes a short dramatic video produced by the Pennsylvania Bar Association, which illustrates the progressive nature of the disease and characteristics of alcoholic thinking and behavior, especially denial.

Alcoholism is a frustrating illness for those who must contend with it, primarily because the impaired person either cannot or will not believe that drinking is the root of his or her difficulties. The alcoholic frequently blames his job, his spouse or even an institution for his problematic behavior, and forcefully maintains that his drinking is under control and he can quit at any time. (Lawyers, in particular, can present a prodigious defense when confronted about their drinking!) Such distortions in thinking can persist even in the face of overwhelming evidence that alcohol is interfering with the person’s life. This denial must be broken if the alcoholic is to recover.

Although it can sometimes appear that an alcoholic is maintaining a consistent level of heavy drinking for a long period of time without significant consequences, it is almost an axiom that when an alcoholic continues to drink, his problems and quality of life always get worse, never better.

Yes, you should become involved when you see a drinking problem. Your referral of a client for assessment or treatment, or your confidential phone call to the Lawyers’ Assistance Program (LAP) can save a family, a career or even a life.

The Lawyers’ Assistance Program’s CLE on "What Lawyers Need to Know About Substance Abuse" is an ideal presentation for section or specialty bar meetings, or any breakfast or lunch session. This program will inform the audience of the ways in which lawyers can assist their clients and fellow lawyers who are battling addiction to alcohol or drugs, before the impaired person runs afoul of the law, commits malpractice, or becomes the subject of a disciplinary proceeding.

In addition to hard data about chemical dependency, the presentation also includes the personal story of a lawyer with 17 years of sobriety. She describes her experience of addiction to alcohol, what happened to cause her to seek sobriety, and what life in recovery is like today.

To schedule a presentation, please contact LAP at 206-727-8268.

The Lawyers’ Assistance Program (LAP) – 206-727-8268:

Confidential assistance for lawyers with emotional, drug/alcohol or other personal problems.

The Law Office Management Assistance Program (LOMAP) – 206-727-8237:

Offers consultation and information to help solo and small-firm practitioners deliver legal services of the highest quality.

Lawyers can call a WSBA lawyer for assistance in resolving ethical dilemmas.

The Alternative Dispute Resolution Program (ADR) – 206-733-5923:

Offers two low-cost methods of resolving disputes: voluntary fee arbitration and mediation. Please call our department at the phone numbers listed above for additional information and/or assistance in these areas.

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