March 2001

Third-Party Intervention: What, When, How

I pick up the ringing telephone. "Judge Bench here. We have a situation that concerns me. An attorney who seems to be in trouble appeared in my courtroom today. He’s usually prompt, prepared, and does a good job for his clients, but today he was 30 minutes late, completely unprepared, and very disorganized. I could tell his client was upset with him. This happened last month, too, but at the time I thought it was an isolated incident. What can you do?"

This hypothetical report is characteristic of the phone calls the WSBA Lawyers’ Assistance Program (LAP) receives from third parties — judges, colleagues, spouses, employees or even clients. When the LAP receives a third-party call, we explain to the caller that their identity will be kept confidential unless they give us permission to disclose it. We then explain to the caller the procedure that will be used to process the information being passed along.

Our response to the call depends on our assessment of the severity of the situation. Typically, the referred attorney is not a danger to himself or others. However, when it’s clear there is something troubling in his life that is having a negative effect on his practice, we like to help the referred attorney before his problems become severe.

In many cases, we send the attorney a letter that lets him know that his behavior is drawing attention. We suggest resources that are available to help him cope with his problems, including the LAP. We also explain that the LAP is not connected to the WSBA Office of Disciplinary Counsel (ODC), that we do not "report" the referred attorney to ODC, and that any participation on his part is voluntary and confidential.

Sometimes the situation calls for a personal touch. In these cases, we ask a peer counselor to intervene. Peer counselors are lawyers who are trained to help other lawyers in troubling situations. The LAP provides training to assist peer counselors in being effective. The peer counselor attempts to contact the referred attorney, and invites him to avail himself of the peer counselor’s support. It is the prerogative of the referred attorney to respond or not.

Peer counselors are required to follow the same rules of confidentiality as the LAP staff, understanding that without respecting lawyers’ privacy, our services could do more harm than good. Peer counselors, who do not receive remuneration for their work, provide invaluable support and assistance to their fellow attorneys.

For more information on this important LAP service or the programs listed below, contact Zella Ozretich at 206-727-8268 or zellao@wsba.org. 

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.

The Professional Responsibility/Ethics Program: 206-727-8284

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.

Lawyers’ AA meetings or assistance with an alcohol/drug problem: contact Mike Hoff at 206-733-5988 or mikeh@wsba.org. 

The LAP/LaSD 4th Annual Statewide Conference will be April 6-8, 2001 at Campbell’s Resort on Lake Chelan. The theme of this year’s conference is civility and ethics in the legal profession. CLE credit is approved for 4.5 general and 3.0 ethics credits.

Presentations offered at the conference include:

• A Working Session on Improving Civility in the Legal Profession — a panel presentation given by lawyers and mental health professionals from the U.S. and Canada, where attendees will be invited to create their own criteria for civil behavior, and agree to honor and promote these values among their colleagues;
• A Framework for Interacting Effectively with Clients and Colleagues — a useful presentation to improve communication, a crucial skill for civility;
• Stages of Change in Recovery: How to Encourage Accountability and Responsibility Through Social Support — a topic of particular interest to lawyers working with people in recovery from alcohol or drug dependence; however, useful to lawyers who may encounter this type of problem in their professional lives;
• Model ADR Rules: Ethical Issues — a presentation about the ethical concerns which abound in the field of alternate dispute resolution; and
• Stress – Taming Law Office Management Techniques and Tools: 25 Tips for Axing Anxiety — valuable to any lawyer interested in effective law office management, particularly those in solo or small-firm practice.

The conference is open to all lawyers licensed in Washington. We hope any lawyer interested in our programs will take advantage of this opportunity to earn 7.5 credits in this important subject area, interact with presenters and colleagues, and enjoy beautiful Lake Chelan. For more information or to register for the conference, please contact Zella Ozretich at 206-727-8268 or zellao@wsba.org.

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