AN INVENTIVE APPROACH TO MENTAL ILLNESS & …durhambar.net/wp-content/uploads/2019/02/4-Olive...G &...
Transcript of AN INVENTIVE APPROACH TO MENTAL ILLNESS & …durhambar.net/wp-content/uploads/2019/02/4-Olive...G &...
We’re Betting…
• You’re only here to get credit.
• You don’t really care about mental
health or substance abuse (at
least in the context of ethics).
We’re Betting…
• You’re only here to get credit.
• You don’t really care about mental
health or substance abuse (at
least in the context of ethics).
• You’re sure none of this stuff
applies to YOU…
Did you know…
• 27% of North Carolina lawyers are clinically
depressed.
• 11% of North Carolina lawyers think about killing
themselves at least once every month
Did you know…
• 27% of North Carolina lawyers are clinically
depressed.
• 11% of North Carolina lawyers think about killing
themselves at least once every month.
• Lawyers are #1 of 105 professions in incidence of
depression.
Depression
• 15% of people with clinical
depression kill themselves.
• Every day, 84 people in this
country commit suicide; another
1900 attempt it.
Lawyers succeed…in ways
we don’t like to recognize
• Twice as many male lawyers kill
themselves as do men in the
general population.
We don’t like to recognize…
• Twice as many male lawyers kill
themselves as do men in the
general population.
• Women attempt suicide even
more frequently—twice as often
as men.
Substance abuse makes it
worse
• Substance abusers are 10 times
more likely to commit suicide than
the general population.
Substance abuse makes it
worse
• Substance abusers are 10 times
more likely to commit suicide than
the general population.
• 1 in 5 lawyers are addicted to
alcohol.
Substance abuse makes it
worse
• Substance abusers are 10 times more likely to commit suicide than the general population.
• 1 in 5 lawyers are addicted to alcohol; 70% have alcohol problems at some point in their career
• 25% of lawyers have substance abuse addictions
« Strong drink » –
a state tradition
“Law and Moonshine – Illegal Whiskey in North Carolina” –
Harper’s Weekly, 1879
http://hdl.loc.gov/loc.pnp/cph.3a01309
It’s a tradition that’s always
appealed to lawyers
Advertising Ephemera Collection - Database #A0514
Emergence of Advertising On-Line Project
John W. Hartman Center for Sales, Advertising & Marketing History
Duke University Rare Book, Manuscript, and Special Collections Library
http://library.duke.edu/digitalcollections/eaa/
Advertising Ephemera Collection - Database #A0679
Emergence of Advertising On-Line Project
John W. Hartman Center for Sales, Advertising & Marketing History
Duke University Rare Book, Manuscript, and Special Collections Library
http://library.duke.edu/digitalcollections/eaa/
Word Mark BILTMORE ESTATE
Goods and Services IC 033. US 047. G & S: STILL AND SPARKLING WINES.
Registration Number 1616971
Registration Date October 9, 1990
Owner (REGISTRANT) BILTMORE COMPANY, THE AKA BILTMORE
ESTATE CORPORATION DELAWARE ONE NORTH PACK
SQUARE ASHEVILLE NORTH CAROLINA 28801
Alcohol remains important…and
lawyers remain involved
Word Mark STOLICHNAYA RUSSIAN VODKA
Goods and Services IC 033. US 049. G & S: vodka.
Registration Number 1852552
Registration Date September 6, 1994
Owner (REGISTRANT) PepsiCo, Inc. CORPORATION NORTH
CAROLINA
« Moonshine » has grown up
Word Mark BIOLUME
Goods and Services IC 033. US 047 049. G & S: brandy spirits; champagne;
cognac; cordials; alcoholic punch; prepared wine cocktails;
wine; liquor; distilled spirits, and prepared alcoholic
cocktails.
Registration Number 2304424
Registration Date December 28, 1999
Owner (LAST LISTED OWNER) BIOLUME, INC. CORPORATION 109
TRELLINGWOOD DRIVE MORRISVILLE NORTH CAROLINA
27560
Some brands go « high tech »
Word Mark RAGAPPLE LASSIE
Goods and Services IC 033. US 047 049. G & S: Wine
Registration Number 2725410
Registration Date June 10, 2003
Owner (REGISTRANT) Hobson, Lenna H. & Hobson, Frank W., Jr.
JOINT APPLICANTS UNITED STATES 3820 Rockford Road
Boonville NORTH CAROLINA 27011
Others sound « wholesome »
Word Mark FIRST FLIGHT CENTENNIAL
Goods and Services IC 033. G & S: Custom labeled wines.
Registration Number 2942578
Registration Date April 19, 2005
Owner (REGISTRANT) First Flight Centennial Foundation NON-
PROFIT CORPORATION NORTH CAROLINA P.O. Box 80337
Raleigh NORTH CAROLINA 27623
There are appeals to tradition
Word Mark REVAH
Goods and Services IC 033. US 047 049. G & S: Alcoholic beverages, namely,
liqueur, vodka, and wine.
Registration Number 3281038
Registration Date August 14, 2007
Owner (REGISTRANT) Ararat Import Export Co. LLC LTD LIAB CO
NORTH CAROLINA 3215 Wellington Court, Suite 103 Raleigh
NORTH CAROLINA 27615
Ethnic & snob appeal
Word Mark TOBACCO ROAD
Goods and Services IC 033. G & S: Wine.
Registration Number 3316149
Registration Date October 23, 2007
Owner (REGISTRANT) Tobacco Road Cellars, LLC LTD LIAB CO NORTH
CAROLINA Suite 120 410 N. Boylan Avenue Raleigh NORTH
CAROLINA 27603
Links to collegiate sports
Word Mark JUNIOR JOHNSON
Goods and Services IC 033. G & S: Liquor.
Registration Number 3316149
Registration Date October 23, 2007
Owner (REGISTRANT) Tobacco Road Cellars, LLC LTD LIAB CO NORTH
CAROLINA Suite 120 410 N. Boylan Avenue Raleigh NORTH
CAROLINA 27603
Links to professional sports
Word Mark ANY OTHER BEER IS A WATER HAZARD
Goods and Services IC 032. G & S: Beer; Lager.
Registration Number 3153680
Registration Date October 10, 2006
Owner (REGISTRANT) MicroManagers, LLC LTD LIAB CO NORTH
CAROLINA 100 East Franklin Street, 3rd Floor Chapel Hill
NORTH CAROLINA 27514
And suggestive marketing
Drugs…also a state tradition
Treasury Dept. 1942 – Marijuana seizure in Garner,
NC
http://hdl.loc.gov/loc.pnp/cph.3c22908
Word Mark ROXICODONE
Goods and Services IC 005. US 006 018 044 046 051 052. G & S: pharmaceutical
preparations for the treatment of pain.
Registration Number 2686302
Registration Date February 11, 2003
Owner (LAST LISTED OWNER) AAIPHARMA, INC. CORPORATION
DELAWARE 2320 SCIENTIFIC PARK DRIVE WILMINGTON
NORTH CAROLINA 28405
Legal drugs
Word Mark SONATA
Goods and Services IC 005. G & S: pharmaceutical preparation for the treatment
of insomnia.
Registration Number 2168566
Registration Date June 23, 1998
Owner (LAST LISTED OWNER) KING PHARMACEUTICALS RESEARCH
AND DEVELOPMENT, INC. CORPORATION DELAWARE 4000
Centre Green Way Cary NORTH CAROLINA 27513
Made available with the help of
lawyers
Word Mark 911 STRESS CONTROL
Goods and Services IC 005. G & S: …homeopathic pharmaceutical preparations
for use during high pressure or stressful situations, and relief
from stress, nervous tension, minor anxieties, fearfulness,
oversensitivity, and mental & emotional trauma
Registration Number 2342369
Registration Date April 18, 2000
Owner (LAST LISTED OWNER) KING BIO, INC. CORPORATION NORTH
CAROLINA 3 WESTSIDE DRIVE ASHEVILLE NORTH CAROLINA
28806
Promising relief from all that ails us
We’re all under pressure
• We are perfectionists
• We are stressed out by deadlines,
workloads, and feelings that both
of these often are beyond our
control
We’re all under pressure
• We are perfectionists
• We are stressed out by deadlines,
workloads, and feelings that both
of these often are beyond our
control
• We are stressed by our obligations
outside work as well
The results aren’t surprising
Substance Abuse & Depression
Pressures to take drugs, initially to help us, all too often to help us escape
Pressures to drink, both socially and professionally
Pressures of our work, home lives, and perfectionism
Remember
• 70% of us already have had or will have a
problem with alcohol at some point in
our careers
• 25% of us have a substance abuse
addiction
• 27% of us are clinically depressed right
now
Remember
• Fewer than 30% of us will finish our
professional careers without having
suffered from substance abuse or
depression
• More than 1 in 4 of us are having
such problems right now
Lawyers must be competent
Rule 1.1 Competence
A lawyer shall not handle a legal matter that the lawyer knows or should know he or she is not competent to handle without associating with a lawyer who is competent to handle the matter. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Disability is no excuse
Rule 1.1 Competence
Comments
[8] Repeated failure to perform legal services competently is a violation of this rule. A pattern of incompetent behavior demonstrates that a lawyer cannot or will not acquire the knowledge and skills necessary for minimally competent practice. For example, a lawyer who repeatedly provides legal services that are inadequate … is not fulfilling his or her duty to be competent. This pattern of behavior does not have to be the result of a dishonest or sinister motive, nor does it have to result in damages to a client giving rise to a civil claim for malpractice in order to cast doubt on the lawyer's ability to fulfill his or her professional responsibilities.
Lawyers must be diligent in
work and in communication
Rule 1.3 Diligence
A lawyer shall act with reasonable diligence and promptness in representing a client.
Rule 1.4 Communication
(a) A lawyer shall:…(3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; …
Diligence requires active case
management
Rule 1.3 Diligence
Comments
[2]A lawyer's work load must be controlled so that
each matter can be handled competently.
[3] Perhaps no professional shortcoming is more
widely resented than procrastination. A client's
interests often can be adversely affected by the
passage of time or the change of conditions. …
Even when the client's interests are not affected in
substance, however, unreasonable delay can cause
a client needless anxiety and undermine
confidence in the lawyer's trustworthiness. …
Loose lips sink ships
Rule 1.6 Confidentiality of Information
(a) A lawyer shall not reveal information acquired during the professional relationship with a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by [applicable law or rules].
Fraud & Other Misconduct
are UnacceptableRule 8.4 Misconduct
It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
(b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
(d) engage in conduct that is prejudicial to the administration of justice;…
The PTO’s Rules May Create
Additional Issues
37 CFR § 10.23 Misconduct.
(a) A practitioner shall not engage in disreputable or gross misconduct.
…
The PTO’s Rules May Create
Additional Issues37 CFR § 11.25 Interim suspension and discipline based
upon conviction of committing a serious crime.
(a) Notification of OED Director. Upon being convicted of a crime in a court of the United States or any State, or violating a criminal law of a foreign country, a practitioner subject to the disciplinary jurisdiction of the Office shall notify the OED Director in writing of the same within thirty days from the date of such conviction. Upon being advised or learning that a practitioner subject to the disciplinary jurisdiction of the Office has been convicted of a crime, the OED Director shall make a preliminary determination whether the crime constitutes a serious crime warranting interim suspension. If the crime is a serious crime, the OED Director shall file with the USPTO Director proof of the conviction and request the USPTO Director to issue a notice and order set forth in paragraph (b)(2) of this section.
The Misconduct/Impairment
Link
• 50% of all discipline is attributed
to impairment
• Lack of competence and diligence
The Misconduct/Impairment
Link
• 50% of all discipline is attributed
to impairment
• Lack of competence and diligence
• Failure to return calls
• Reluctance to admit errors
• Hiding errors
• Covering up errors
The Misconduct/Impairment
Link
• 50% of all discipline is attributed
to impairment
• Lack of competence and diligence
• Criminal violations outside the firm
• Repeated DWI
• Unlawful possession/sale of controlled
substances
The Misconduct/Impairment
Link
• Impaired lawyers steal
• Close attention to finances is more
difficult
• Poor work habits => less income
• Supporting the impairing problem
costs money
• Impaired lawyers = 80% of
misappropriation discipline
Remember:
• 80% of misappropriation
• 50% of all discipline
appears to be causally linked to substance
abuse and psychological impairment
You can help.
Lawyers are in a natural position to
make a difference in the lives of
their clients, their co-workers, their
communities, and even themselves.
You have a responsibility
• Lawyers have an ethical duty to
themselves, to their colleagues,
and to their clients and
community.
You have a responsibility
• Lawyers have an ethical duty to
themselves, to their colleagues, and
to their clients and community.
• “A lawyer, as a member of the legal
profession, is a representative of
clients, an officer of the legal system,
and a public citizen having special
responsibility …” [RPC Preamble]
No matter who you are
Rule 1.16 Declining or Terminating Representation
(a) [A] lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:…(2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; …
When you’re in charge
Rule 5.1 Responsibilities of Partners, Managers, and
Supervisory Lawyers
(a) A partner in a law firm, and a lawyer who
individually or together with other lawyers
possesses comparable managerial authority,
shall make reasonable efforts to ensure that
the firm or the organization has in effect
measures giving reasonable assurance that all
lawyers in the firm or the organization
conform to the Rules of Professional Conduct.
When you’re a supervisor
Rule 5.1 Responsibilities of … Supervisory Lawyers
(b) A lawyer having direct supervisory authority over
another lawyer shall make reasonable efforts to ensure
that the other lawyer conforms to the Rules of
Professional Conduct.
(c) A lawyer shall be responsible for another lawyer's
violation of the Rules of Professional Conduct if: …
(2) the lawyer is a partner or has comparable
managerial authority in the law firm in which the other
lawyer practices, or has direct supervisory authority
over the other lawyer, and knows of the conduct at a
time when its consequences can be avoided or
mitigated but fails to take reasonable remedial action
to avoid the consequences.
When you’re a solo
Rule 1.3 Diligence
Comments
[5] To prevent neglect of client matters in the event of a sole practitioner's …disability, the duty of diligence may require that each sole practitioner prepare a plan, in conformity with applicable rules, that designates another competent lawyer to review client files, notify each client of the lawyer's … disability, and determine whether there is a need for immediate protective action. Cf . 27 N.C.A.C. 1B, .0122 (providing for court appointment of a lawyer to inventory files and take other protective action to protect the interests of the clients of a lawyer who has disappeared or is deceased or disabled).
The denial dilemma
“The barrier all alcoholics and addicts face, but most particularly lawyers,
is DENIAL and it is a hallmark of this disease. Knowing this, it’s no mystery
why lawyers are one of the most difficult populations to reach. Lawyers are
skilled at denial. They are steeped in it. Beyond the normal denial symptomatic
of this disease and shared by other people and professions, the denial
encountered in the legal profession is more massive than in any other. Why?
Because the legal profession is the only profession in the world that demands
and rewards denial. Deny the facts. Deny the charges. Deny the allegations.
Fight to the end. Shove responsibility off on the other party. Minimize liability.
Rationalize and justify the consequences and your client’s position. Find the
legal loophole, the technicality, wiggle out of it. The glove doesn’t fit!!!! …
“Now, if lawyers will do all this for a client, imagine the lengths they will
go to protect their own rice bowls, … their own image. With an arsenal of
skills, they avoid being pinned down. This is their job, their training. So, when
confronted with the consequences of their own chemical use, they do what
comes naturally. They deny. They obfuscate. They deflect. They attack. They
defend. The foundation of their profession is adversarial. They succumb to
“paralysis by analysis”—debating the definition of addiction, their
consequences or steering the discussion to somebody else’s chemical use. Feel
familiar?” --Alice Tanner (2006)
When all else has failed
Rule 8.3 Reporting Professional Misconduct
(a) A lawyer who knows that another
lawyer has committed a violation of
the Rules of Professional Conduct that
raises a substantial question as to that
lawyer's honesty, trustworthiness or
fitness as a lawyer in other respects,
shall inform the North Carolina State
Bar or the court having jurisdiction
over the matter.
Remember:
• The public comes first; impaired attorneys must not
be allowed to harm clients
• You are responsible for ensuring that those under
your supervisions do not harm clients
• You are responsible for ensuring that you do not
harm clients
• DENIAL is normal…but it’s no substitute for detection
and cure
Notice signs of depression
• A deep sense of depression, sadness, or hopelessness most of the day
• Diminished interest in most or all activities
• Significant appetite or weight change when not dieting
• Significant change in sleeping patterns
• Unusual restlessness...or unusual sluggishness
• Undue fatigue
• Persistent feelings of hopelessness or inappropriate feelings of guilt
• A diminished ability to think or concentrate
• Recurrent thoughts of death or suicide
And signs of substance abuse
• Absenteeism
• Confusion or difficulty concentration
• Spasmodic work patterns
• Generally lowered job efficiency
• Poor interpersonal relationships
• Physical problems/symptoms
• Observable physical signs
Intervene when needed
“[K]now this: Something WILL happen to
interrupt the downward spiral fueled by denial.
It’s called an intervention. It can be the
unplanned, ugly kind of intervention (arrest,
public/professional embarrassment, divorce,
suspension/disbarment, jail, health problems,
financial ruin, death). You see this kind in your
local newspaper every day, many of them
unrecoverable and some involving lawyers and
judges. Or, it can be a planned, professional
intervention.”--Alice Tanner (2006)
Take Advantage of NCLAPThe Lawyer Assistance Program - www.nclap.org
It’s confidential whether you are calling to seek help
for yourself, or are calling as a spouse, child, or colleague
of a lawyer whom you suspect may have an alcohol, drug
or mental health problem, and needs help. All inquiries,
questions and conferences are privileged and held in the
strictest confidence.
Under Rule 1.6 of the Rules of Professional Conduct of
the North Carolina State Bar, the attorney/client privilege
is applied to communications between a lawyer seeking
assistance with the Lawyer Assistance Program. In order
to assure this high degree of trust and confidence, the
Lawyer Assistance Program is, by rule of the State Bar,
which has been approved by order of the North Carolina
Supreme Court, entirely separate from any ethics or
disciplinary committee of the State Bar.
Help, don’t hurt
An attorney in Wilson with an addiction to alcohol came to the courthouse in Dec. 2008, whileintoxicated. His use of foul language drew attention, and since he was on probation following his mostrecent DWI conviction and subject to random bloodtests, one was given and was positive. In January, hewas sentenced to 61 days in prison and was takendirectly from the courtroom, despite a plea that hebe allowed to take care of financial matters for at least a day or two before reporting.
The attorney, who had been sober aftertreatment for almost a year, apparently relapsedafter drinking, the night before, at the Wilson County Bar Christmas party.
• NC Lawyer Assistance Program
http://www.nclap.org
• National Mental Health Information Center http://mentalhealth.samhsa.gov/publications/allpubs/sma05-4129/
• ABA Model Law Firm Impairment Policy (introduction) http://www.dcba.org/brief/marissue/1998/art60398.htm
Resources
YOU ARE NOT ALONE - Local Group Meetings - www.nclap.org for info
• Asheville PALS/FRIENDS 2nd Thursday every month
• Boone 4th Friday every month
• Charlotte PALS/FRIENDS Every Monday at 5:00 pm; PALS Support Group 3rd Friday every month
• Durham/Chapel Hill PALS/FRIENDS Group 1st Tuesday every month
• Fayetteville /Sandhill PALS Support Group 4th Thursday every month
• Greensboro Triad PALS 2nd and 4th Wednesday every month; FRIENDS Support Group 1st Friday every month
• Greenville/Down East FRIENDS/PALS 2nd Thursday and 4th Wednesday every month
• New Bern, Morehead FRIENDS/PALS Quarterly on the 4th Tuesday of the month.
• Raleigh FRIENDS/PALS Dinner Group 1st Thursday every month at 6:30 pm; Ladies PALS/fRIENDS Support Dinner Group, 3rd Friday every month at 6:30 pm
• Raleigh Triangle FRIENDS Every Monday at 6:30 pm ; PALS Support Group 2nd Friday every month
• Wilmington FRIENDS Support Group 3rd Thursday every month; PALS Support Group 1st Wednesday every month
• Winston-Salem PALS/FRIENDS 2nd Friday every month
Meeting Dates as reported to NCLAP on 2/16/2012
Resources