Anne Chambers, LCSW, Director Missouri Lawyers’ Assistance Program June 25, 2019

CONQUERING PROCRASTINATION

AND SELF CARE FOR PRACTICING

ATTORNEYS

OBJECTIVES

This presentation will cover • Specific strategies to conquer

procrastination • Keep work flowing in a timely

manner • Self care strategies for busy

attorneys

OFFICE OF CHIEF DISCIPLINARY COUNSEL ANNUAL REPORT FOR 2017

38%

62%

1830 Complaints

Led to Investigation Didn't

OCDC REPORT FOR 2017

0

50

100

150

200

250

300

350

Type of Complaint

SUMMARY OF DISCIPLINE ACTIONS IN 2017

0 20 40 60 80 100

Admonition

Suspended-Tax

Suspended

Disbarred

Public reprimand

Probation

RULE 4-1.4 – COMMUNICATION: “(a) A lawyer shall:

(1) keep the client reasonably informed about the status of the matter; (2) promptly comply with reasonable requests for information; and (3) consult with the client about any relevant limitation on the lawyer’s conduct when the lawyer knows the client expects assistance not permitted by the Rules of Professional Conduct or other law.

(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”

Comment [2] – need to give client sufficient information to participate intelligently in decisions about the representation Comment [4] – need for regular communication

6

RULE 4-1.3: DILIGENCE

• A lawyer shall act with reasonable diligence and

promptness in representing a client. • Comment [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; in extreme instances, as when a lawyer overlooks a statute of limitations, the client's legal position may be destroyed. 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. A lawyer's duty to act with reasonable promptness, however, does not preclude the lawyer from agreeing to a reasonable request for a postponement that will not prejudice the lawyer's client.

IMPACT OF PROCRASTINATION • Practical • Ethical • Financial • Stress

2017 MISSOURI LEGAL MALPRACTICE REPORT

16

14

8

6

4

0

2

4

6

8

10

12

14

16

18

Commencement of Action or

Proceeding

Preparation, transmittal or filing

Pretrial, pre-hearing Other Settlement and negotiation

Most Common Errors Leading to a Successful Malpractice Action

MALPRACTICE CLAIMS PAID 2006-2015

Missouri Department of Insurance, Financial Institutions and Professional Registration

Statistics Section, June 2016

Category Number Claims

Percent Paid

Commencement of action/ proceeding

694 29%

Other 585 19%

Pretrial, pre-hearing 211 11%

Preparation, transmittal or filing 197 12%

Settlement and negotiation 137 7%

MOST COMMON CLAIMS BY ERROR OR OMISSION 2006-2015

Other 577 Fail to ascertain deadline 282 $11.7 Million Paid Planning or strategy error 246 $13.9 Million Paid Fail to know/properly apply law 170 $ 5.9 Million Paid Inadequate investigation 122 Procrastination 119 Fail to follow client instructions 108 Fail to file documents with no deadline 98 Failure to react to calendar 80 Malicious prosecution/abuse of process 78 Fraud 76 Failure to calendar properly 68

Missouri Department of Insurance, Financial Institutions and

Professional Registration

THE KEY TO CHANGE:

Assess it. What is the function? Then

1. Admit it, 2. Embrace it,

3. Chip away at it

PROCRASTINATION STYLES

Defier

Crisis maker

Over doer

Perfectionist

Dreamer

Worrier

Cyber slacker

PROCRASTINATION ASSESSMENT

Rule Out: Dilatory strategies Boredom

Time management

and/or disorganization

Professional stress, burnout

Personal concerns

STRATEGIES TO GET STARTED

Dive in somewhere Baby step it or chunk it 30-minute intervals Mandatory procrastination ex. 3 or 4 minutes Letting go of perfectionism

Jay Fleischman, Irene Leonard,

Barbara Mender, Margaret Spencer

REDUCE PROJECT MANAGEMENT BY CRISIS

• Work booking • Day, Week, Month

• Deal with the frogs • Make a work

sandwich Coaching for Lawyers, Brian Tracy

PRIORITIZING

MOTIVATE YOURSELF

Picture your success Picture the opposite Dangle the incentive

USEFUL STRATEGIES

• Plan nightmare or challenge day

• Make it fun • Build your confidence

Jay Fleischman, Margaret Spencer, Coaching for Lawyers

REDUCE DISTRACTIONS WHEN SEEING CLIENTS

• Log off computer • Do not disturb your

phone • Cell phone silent • Reduce any other

distractions • Turn it off

REDUCE PAPER DISTRACTIONS

Cut down on clutter OHIO Principle If long term, big challenge?

REDUCE ELECTRONIC DISTRACTIONS: TIPS TO MAINTAIN CONTROL

Check e-mails at set time vs.

constantly Rid self of little annoyances Give your eyes a break Out of office feature Boundaries between work and

home

TOO MUCH TIME

Spend time with positive people

Resist temptation to give up

Be resilient and persistent

Develop business strategy, work it daily

Professional development

Step up networking

RULE 4-1.3: DILIGENCE

[2] A lawyer's work load must be controlled so that each matter can be handled competently.

TOO LITTLE TIME?

Get organized, think ahead

Work proactively rather than reactively

Develop efficient systems

Assess hiring needs

Client stressors, client selection

Powerful word No

Delegate, outsource, refer

Life balance – not all work

HAVE A FRUITFUL DAY

MOST IMPORTANT THING:

FOLLOW UP!

BURNOUT DEFINED

Exhaustion of physical or emotional strength or motivation

Mental or emotional fatigue - pervasive, complete, prolonged

Depersonalization of those you deal with

• Exhaustion • Fatigue • Detachment • Boredom • Irritability • Paranoia • Depersonalization • Annoyance • Reduced sense of accomplishment • Drained • Loss of hope

COMMON SIGNS OF BURNOUT

RESULTS OF BURNOUT

• Less efficient • Waste more time • Self destructive tendencies • Doing the minimum becomes a challenge • Declining work quantity, quality • Negative attitude • The feeling no one cares • Unrelieved, may harden into a fixed element of your outlook • Left unattended, can contribute to challenges to ethical

duties, particularly communication and diligence

COMMON SIGNS OF

COMPASSION FATIGUE

• Intrusive thoughts • Anger/anxiety/fear • Sleep disturbance • Fatigue • Loss of appetite • Loss of empathy • Loss of faith in humanity • Sense of isolation from others • Physical complaints

Vrkelvski et al (2008),

Levin et al. (2003), Jaffe et al (2006)

HOW ATTORNEYS ARE AT RISK

Stress from the weight of cases

Contingencies

Intense, highly emotional cases

Viewing difficult material

Carry heavy secrets

Safety concerns

DEALING WITH BURNOUT

If you are burned out, it’s good to Recognize the situation and signs that led to it Reverse the tide

Reduce your stress load Seek support Find resilience

START WITH

THE BASICS

EXERCISE – RELEASES ENDORPHINS, PROMOTES SLEEP

DIET – TOGETHER WITH EXERCISE, A HEALTHY BODY MAKES A HEALTHIER MIND.

VACATIONS – PLAN ONE AND TAKE IT!

SPEND QUALITY TIME WITH FAMILY

HOBBIES – IF NO OUTLET BESIDES WORK, FIND ONE

STRIKE A BALANCE

TAKE THE FLEXIBLE OPTIMISM CHALLENGE

5 THINGS THAT MAKE YOUR

LIFE ENJOYABLE

IDENTIFY MOST RECENT TIME SOMETHING DIDN’T GO YOUR WAY

BRIEFLY DESCRIBE THE SITUATION IN

WRITING.

3 THINGS THAT CAN HELP YOU SEE THE BRIGHT

SIDE

Bree Buchanan

WHEN WILL YOU STOP

LAWYERING FOR THE

DAY?

Lock the office door?

Turn into the driveway?

Turn off the cell phone?

Hug your loved ones?

Not at all?

WELL-BEING TOOL KIT FOR THE LEGAL PROFESSION

43

• Developed by Anne Brafford, JD, editor in chief

of Path to Lawyer Well-Being: Practical Recommendations for Positive Change

• Free guide for lawyers and law students • Available at

https://www.americanbar.org/content/dam/aba/administrative/lawyer_assistance/ls_colap_Brafford_Tool%20Kit.authcheckdam.pdf.

WHAT’S YOUR BACKUP PLAN? 44

Emergencies happen Health problems Personal crises Hard times Death Disability Disaster Your Own Legal Needs Download Succession Planning Guide at http://www.mobar.org/lpmonline/disaster/

ANNUAL REVIEW • Civic activities • Crunch time • Strategic vacation use

Free Resource for Ethical Questions

LEGAL ETHICS COUNSEL

573-638-2263 WWW.LEGAL-ETHICS-MO.ORG

• Fatigue, loss of energy • Sad, empty, tearful • Concentration problems, indecisive • Loss of interest/pleasure in things • Sleep disturbances • Poor appetite or overeating • Isolating • More tense, anxious, easily irritated • Feelings of helplessness,

hopelessness or worthlessness • Thoughts of death

DSM 5

50

NATIONAL TASK FORCE ON LAWYER WELL-BEING:

“…seeking to create a movement towards improving the health and well-being of the legal profession.” Full report available at https://www.americanbar.org/content/dam/aba/images/abanews/ThePathToLawyerWellBeingReportRevFINAL.pdf

GENERAL RECOMMENDATIONS

Acknowledge the problems and take responsibility

Demonstrate a personal commitment to well-being

Facilitate, destigmatize and encourage help-seeking behaviors

Partner with lawyer assistance programs

EMPLOYER RECOMMENDATIONS Establish infrastructure to promote well-being Form lawyer well-being committee Assess lawyers’ well-being Establish policies & practices to support lawyer well-being Monitor for signs of work addiction, poor self-care Combat social isolation, encourage interconnectivity Provide training and education on well-being Emphasize service centered mission Create standards, align incentives, give feedback

MODEL POLICY FOR LAW FIRMS ADDRESSING IMPAIRMENT

NOTICE The Missouri Bar is dedicated to helping Missouri lawyers better help their clients. Substance abuse and mental health issues can interfere with an attorney’s ability to provide quality legal services to their clients. Those same issues also can detrimentally affect the quality of life of the attorney and his or her family. The Missouri Lawyers’ Assistance Program (MOLAP) is a free, confidential counseling service designed to assist lawyers and law firms with mental health and substance concerns. Based on the work of the New York State Bar Association, the Missouri Lawyers’ Assistance Program offers this Model Policy for Law Firms to assist law firms in addressing substance abuse and mental health problems. We believe this model policy can be valuable tool for law firms when it comes to addressing a lawyer’s substance abuse and/or mental health issues. It is intended for use as a sample and can be modified to suit the needs of your practice or firm. The following model policy was endorsed by The Missouri Bar Board of Governors.

55

MOLAP ACTIVITIES

• Assess • Counseling • Refer • Connect • Coaching • Free and

confidential • For lawyers, judges,

law students and immediate family

3000 Served

BIBLIOGRAPHY Carey, Benedict. “Becoming Compassionately Numb,” The New York

Times Sunday Review, 10/1/2011. Chambers, Anne, LCSW. Missouri Lawyers’ Assistance Program Annual

Service Report, Missouri Bar, 2019. DSM-5: Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition.

American Psychiatric Association, Washington, DC, 2013. Fleischman, Jay. “5 Steps to Banishing Procrastination.” TheInspiredSolo:

Productivity Tips for Lawyers, www.theinspiredsolo.com, 2011. • Krill, Patrick R. JC, LLM; Johnson, Ryan, MA and Albert, Linda, MSSW. “The

Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys,” Journal of Addiction Medicine, Vol.10(1), Jan/Feb 2016, pp. 46-52.

• Leonard, Irene. “Coaching for Lawyers,” www.coachingforlawyers.com, Seattle, WA, 2012.

• Long, Mike, JD, MSW, CEAP and Manghelli, LCSW. “What Lawyers and Judges Need to Know About Compassion Fatigue-and the Strategies to Prevent It, ” Oregon Attorney Assistance Program, 4/7/11.

• Mender, Barbara. “Procrastinate-Who, Me? Attorney Journal.us/blog/2013, January 2, 2013.

• Michener, Kirsten. “Stress and Burnout Found Among Nation’s Immigration Judges,” www.ucsf.edu.news, 6/25/2009.

BIBLIOGRAPHY • Missouri Department of Insurance, Financial Institutions and Professional

Registration. 2015 Missouri Legal Malpractice Insurance Report. Statistics Section, June 2016.

• Missouri Department of Insurance, Financial Institutions and Professionals Registration. 2017 Missouri Legal Malpractice Report, Statistics Section, June 2018.

Office of Chief Disciplinary Counsel, “Report of the Office of the Chief Disciplinary Counsel for the Year 2017,” Supreme Court of Missouri, en Banc. May, 2018.

Osofsky, J., Putnam, F. and Lederman, C. “How to Maintain Emotional Health When Working with Trauma”, Juvenile and Family Court Journal, 58(4), 2008.

Payeur, Nancy, MSW, RSW. “Overcoming Procrastination, Benchers’ Bulletin, The Law Society of British Columbia, No. 5, Nov/Dec 2004.

Pinnington, Dan. “The Most Common Legal Malpractice Claims by Type of Alleged Error,” Law Practice, https://www.americanbar.org/publications/law_practice_home/law_practice_archive/lpm_magazine_webonly_webonly07101.htmlm, Vol 36,(4), Jul/Aug 2010.

Port, Larry. “The Procrastination Flowchart: A Cautionary Tale for Attorneys Who Want to Maximize Billable Time, www.legalproductivity.com; Feb 16, 2011.

“Productive time: Helping busy people get things done.” www.productivetime.com, 2012.

BIBLIOGRAPHY

Sorts, Otto. “Life is Complex and Uncertain,” www.attorneysatwork.com, March 7, 2012.

Spencer, Margaret S. “Overcoming Procrastination,” Wisconsin Lawyer, Vol. 71(9), September 1998.

Tracy, Brian. Eat that Frog!: 21 Ways to Stop Procrastinating and Get More Done in Less Time, Behrett-Koehler Publishers, 2007.

Conquering Procrastination by Anne Chambers, LCSW

Lack of communication and lack of diligence are the top two ethical complaints clients make about attorneys overall, not only in Missouri but in general. In 2017, these two categories combined were involved in 81% of complaints resulting in OCDC investigations. Procrastination is a common challenge that can raise the risk of complaints about communication and diligence. If procrastination is a concern, any gains in minimizing that that tendency can be helpful to avoid problems and protect your bottom line. In extreme situations, procrastination has even sometimes led to disbarment. Procrastination can generate practical challenges, stress, financial loss and sometimes even ethical dilemmas. For some people, procrastination appears to act like a personal trait, bound to negative emotions. Styles of procrastinators that have been identified include the rebel, the worrier, the over doer, the perfectionist, the dreamer and most recently, the cyber slacker. The perfectionist is one of the most common. Some factors that play into procrastination include time management concerns, disorganization, dilatory strategies, boredom, professional stress and burnout, substance use and attention deficit concerns. Here are some interventions that are helpful in overcoming procrastination: Divide big projects into baby steps or chunks. Set your timer for 15 minutes or 30 minutes and work on the task. When your timer goes off, decide whether or not to reset it for another 15 or 30 minute time block. Most tasks seem more manageable when broken down this way. Once folks get started they often find their groove and keep going. We generally put off tasks that are less interesting to us. To balance out that tendency, layer your workday by doing a task you like less for a while, then a task you love. Repeat this throughout the day. It’s called building a work sandwich. This way, looking forward to the tasks you enjoy the most can lead you to address the ones you find less interesting. Jump or dive in somewhere. Just do what you can. Many strategies to overcome procrastination revolve around motivating yourself. Picture an incentive and dangle it in your mind’s eye. Picture your success with the project done on time and all of the benefits. Imagine yourself literally doing the task, and then get started. You can also envision the sheer opposite situation in which you finish the task late or not at all. Then picture yourself experiencing the fallout. Another strategy to motivate yourself is to identify your most dreaded task or meeting. Focus on a task you do your most to avoid or something in which you don’t perform well. Next calculate your financial reward for a job well done, and then picture yourself doing something really meaningful and worthwhile to you with those earnings. If skill deficits play into your unease about the task, plan to become more proficient and confident at that task in the next few months by doing some professional reading or attending an in-service on that topic. If all else fails, consider if that task is something best delegated or referred elsewhere.

Some anti-procrastination strategies revolve around working against your mood. Mandatory procrastination is one such method. Instead of procrastinating for unspecified periods of time that seem to grow and grow, do it on purpose. Lay out your material, set your timer for a short, weird interval like 4 or 7 minutes, literally do nothing for those minutes, then get started. Another strategy along those lines is to plan a nightmare day. List those tasks you have been avoiding and to them on that day. This strategy is good for folks who like a challenge and a deadline. If you perform best under pressure, this is one to try. Attorneys are increasingly using technology to keep in touch with clients, search legal databases and submit electronic filings. Technology use among attorneys will continue to increase due to its cost effectiveness, productivity benefits and ease of client access. This rise in technology use is accompanied by the risk of information overload and procrastination through cyber slacking. This is the newest form of procrastination. Here are some suggestions on ways to keep your work focused on customer service and minimize electronic overload during your workday. When seeing clients, log off your computer, do not disturb your phone, silence your cell phone and reduce any other distractions. Check your e-mail at set times, not constantly. If you want to cyber slack, plan it as part of your reward. When you work hard, play hard too. Instead of sacrificing vacations, take them. It may seem paradoxical, but in the long run, using your free time does help increase productivity and reduce procrastination. If a personal concern is intruding, help is available by contacting the Missouri Lawyer’s Assistance Program at 1-800-688-7859 for free, confidential assistance. Bibliography

1. Brady, Jim. Keeping the Edge: Professionalism without Burnout, Jim Brady, LCSW, MOLAP, PowerPoint, 2012.

2. Commission on Lawyer Assistance Programs, American Bar Association Website, www.americanbar.org/groups/lawyer_assistance.

3. Fleischman, Jay. “5 Steps to Banishing Procrastination.” TheInspiredSolo: Productivity Tips for Lawyers. www.theinspiredsolo.com, 2011.

4. Krieger, Lawrence S. Straight Talk About Your Career Choices: Avoiding the Mistakes that Create Unhappy and Unprofessional Lawyers, pp. 7-9.

5. Leonard, Irene. “Coaching for Lawyers,” www.coachingforchange.com; Seattle, WA, 2012. 6. Office of Chief Disciplinary Counsel, “Report of the Office of the Chief Disciplinary Counsel for the

Year 2017,” Supreme Court of Missouri, en banc. May, 2018. 7. Payeur, Nancy, MSW, RSW. “Overcoming Procrastination, Benchers’ Bulletin, The Law Society

of British Columbia, No. 5, Nov/Dec 2004. 8. Port, Larry. “The Procrastination Flowchart: A Cautionary Tale for Attorneys Who Want to

Maximize Billable Time, www.legalproductivity.com; Feb 16, 2011. 9. “Lawyers.” Occupational Outlook Handbook, Bureau of Labor Statistics, 2010-2011 Edition, p.20-

21. 10. Mender, Barbara. “Procrastinate-Who, Me? Attorney Journal.us/blog/2013, January 2, 2013. 11. Procrastinators Anonymous. “Chronic Procrastination is NOT a Time Management Problem!,”

www.procrastinators-anonymous.org; December 20, 2005. 12. “Productive time: Helping busy people get things done.” www.productivetime.com, 2012. 13. Roberts, Daniel, JD. “Overcoming Attorney Procrastination: 7 tips for Lawyers,

www.coachingforlawyers.com, May 23, 2011. 14. Sorts, Otto. “Life is Complex and Uncertain,” www.attorneysatwork.com, March 7, 2012. 15. Spencer, Margaret S. “Overcoming Procrastination,” Wisconsin Lawyer, Vol. 71(9), September

1998. 16. Tracy, Brian. Eat that Frog! 21 Ways to Stop Procrastinating and Get More Done in Less Time,

Beret-Koehler Publishers, 2007.

NOTICE

The Missouri Bar is dedicated to helping Missouri lawyers better help their clients. Substance abuse and mental health issues can interfere with an attorney’s ability to provide quality legal services to their clients. Those same issues also can detrimentally affect the quality of life of the attorney and his or her family. The Missouri Lawyers’ Assistance Program (MOLAP) is a free, confidential counseling service designed to assist lawyers and law firms with mental health and substance concerns. Based on the work of the New York State Bar Association, the Missouri Lawyers’ Assistance Program offers this Model Policy for Law Firms to assist law firms in addressing substance abuse and mental health problems. We believe this model policy can be valuable tool for law firms when it comes to addressing a lawyer’s substance abuse and/or mental health issues. It is intended for use as a sample and can be modified to suit the needs of your practice or firm. The following model policy was endorsed by The Missouri Bar Board of Governors.

MODEL POLICY FOR LAW FIRMS

ADDRESSING IMPAIRMENT

I. DEFINING THE PROBLEM Impairment of a legal professional adversely affects not only the individual’s well-being, but

it also directly and adversely affects the law firm’s ability to provide the highest quality legal services to its clients and may lead to professional liability, violations of ethical obligations, professional discipline, a loss of public reputation and criminal prosecution. The chief contributors to impairment of legal professionals are clinical depression and other mental health conditions, dependency on drugs and alcohol, and other addictive behaviors.

II. POLICY STATEMENT

It is the policy of this law firm that impairment of law firm legal professionals is inconsistent

with its mission. Further, it is the policy of this law firm that impaired legal professionals are in need of

assistance and treatment, and that early identification and intervention will provide the greatest hope of overcoming such impairment. This law firm recognizes that impairment is not a moral failing.

The purpose of this policy is to encourage self-identification, self-referral, referral, treatment and recovery. The law firm, consistent with applicable law and the Rules of Professional Conduct, will not tolerate unlawful discrimination against a legal professional who has availed himself or herself of the law firm’s resources, as further set forth in this policy.

The law firm shall provide a copy of this policy to all employees and legal professionals.

III. WHO IS COVERED This policy applies to all law firm legal professionals, including but not limited to, partners

and managing attorneys, associates, and paralegals, subject to any applicable collective bargaining agreement.

The law firm will assist and support legal professionals who voluntarily seek help for impairment or who are directed, as a result of a work performance evaluation, to seek help for impairment. The law firm will permit impaired legal professionals to use paid time off, be placed

on a leave of absence, be referred for treatment or otherwise provide accommodations as required by law and permitted consistent with law firm leave policies.

IV. PROFESSIONAL RESPONSIBILITY

It is the responsibility of all legal professionals of this law firm to provide the highest quality

legal services to its clients. Impairment due to the use of alcohol or drugs or due to mental health conditions can lead to potential incompetence and/or misconduct which compromises the law firm’s ability to services its clients in accordance with this responsibility.

Attendance and work performance of legal professionals of this law firm will be evaluated. • Frequent lateness, absenteeism, failure to be on time for meetings and other

attendance issues will not be tolerated. • Failure to meet deadlines, failure to timely return phone calls will not be tolerated. • Disrespect for, or mistreatment of, staff or colleagues will not be tolerated.

If attendance or work performance issues or behaviors are being caused by impairment, this law firm encourages self-referral or referral to its EAP (employee assistance program) or to the Missouri Lawyers’ Assistance Program (contact information attached) as appropriate, prior to the initiation of law firm disciplinary action if possible and appropriate. Legal professionals of the law firm who fail or refuse to avail themselves of the opportunity to seek and follow through on treatment will be subject to internal discipline, up to and including possible termination.

While a legal professional or staff member may have a desire to assist another legal professional with an impairment to avoid the consequences of his or her conduct, assistance in that situation does in fact enable the legal professional to continue the behavior which is caused by the impairment.

V. CONFIDENTIALITY

This law firm will maintain the confidentiality of a legal professional who has self-referred,

or who has been referred, or any legal professional or staff who reports a potential impairment problem, to a designated person for evaluation and treatment. The law firm will keep the legal professionals and staff advised as to the name and means of contacted or designated person.

Referral to the Missouri Lawyers’ Assistance Program is also STRICTLY CONFIDENTIAL. The

identity of the person contacting MOLAP will not be disclosed to any member of the law firm, nor will it result in a referral to the Office of Chief Disciplinary Counsel.

That person will assist the impaired legal professional with issues of insurance coverage,

payment for treatment and covering client matters during treatment, as necessary. Cooperation in all such matters is required, and failure to cooperate may result in law firm discipline, up to and including possible termination.

VI. EDUCATION

The law firm is dedicated to providing continuing education and training to all legal

professionals and staff in relation to implementation of this and all policies as well as education related to work/like balance, stress reduction and other such topics that can support outstanding work performance and continuing success of the law firm’s mission. To further that goal, the law firm will annually provide an informational seminar for legal professionals and staff from a representative of the Missouri Bar Lawyers’ Assistance Program.

VII. AVAILABLE RESOURCES

Law firm Contact: Call (e.g. NAME at x _ _ _ _) for information about this policy, its administration

and for a confidential referral if appropriate. Referral or Self-referral to Employee Assistance Program: if applicable, insert information

about the law firm’s health insurance carrier’s Employee Assistance Program – e.g. Our law firm health insurance policy includes access to an Employee Assistance Program for the purpose of self-referral or referral of individuals and their co-workers who are impaired, and their families. We encourage you to contact the EAP. The EAP is a confidential service provided at no cost to covered employees and others who are affected by impairment. Referral or Self-referral to Lawyer Assistance Program: The Missouri Bar Association

maintains a statewide confidential Helpline at 1-800-688-7859. The Missouri Lawyers’ Assistance Program (MOLAP) provides CONFIDENTIAL assistance, including but not limited to, relevant information about impairment, identification of appropriate assessment providers, and assistance in intervention planning, assistance in identifying potential treatment providers and resources for impaired attorneys.

VIII. RETURN TO WORK AGREEMENTS

The law firm may require a legal professional (who has self-referred or who has been

referred for treatment) to execute a Return to Work agreement. If a legal professional – prior to being subjected to professional disciplinary action or where

internal disciplinary action has been held in abeyance during the pendency of treatment – engages in appropriate treatment, he or she may be required to execute a Return to Work Agreement prior to returning to work.

Such Return to Work Agreement will include:

• verification of the legal professional’s participation in a treatment program, • the legal professional’s commitment to maintain the prescribed regimen for

continued wellness, to adhere to the firm’s code of conduct and professional responsibility, and to participate in aftercare,

• a commitment to undergo drug or alcohol testing if appropriate, • authorization by the legal professional to appropriate firm representatives to discuss

compliance with the foregoing requirement, but limited to a need-to-know basis [and] while maintaining privacy particularly with respect to medical records,

• an acknowledgment that a violation of the Return to Work Agreement will result in immediate sanctions.

Signature #1 (at time of intervention): Signature #2 (upon return to work, and incorporation aftercare recommendations):

The Missouri BarMissouri Lawyers Assistance Program

Confidential Services To:

Lawyers, Judges, Law Students

and Their Families.

Toll Free: 800-688-7859

“Always Free andAlways Confidential”

A Service of The Missouri Bar

“Help Starts Here”

The Missouri BarLawyers’ Assistance Program

326 Monroe StreetP.O. Box 119Jefferson City, MO 65102

Phone: 800-688-7859Fax: 573-635-4417E-mail: achambers@mobar.org

MOLAP is staffed by a licensed mental health professional with experience in addiction and mental health treatment.

MOLAP does NOT report to the Disciplinary Counsel’s Office, nor to the Board of Law Examin-ers, nor to other staff of The Mis-souri Bar.

Confidentiality consistent with professional licensing stan-

dards is provided to all callers.

There are no fees for MOLAP services. MOLAP is funded from the general revenue of The Mis-souri Bar, with substantial sup-port from The Bar Plan Insur-ance Company.

If concerns are urgent, the MOLAP Director is available and accessible after normal business hours by cell phone. A call to 800-688-7859 will provide you the contact information.

MOLAP

• Discipline complaints• Declining number or quality of clients• Sleep disturbances• Unwelcome weight changes• Unwarranted feelings of guilt• Drop in productivity• Drinking too much too often• Mistakes on familiar or routine matters• Isolation• Irritability• Chronic sadness

Signs of Trouble

The Missouri BarLawyers’ Assistance Program

326 Monroe StreetP.O. Box 119Jefferson City, MO 65102

Phone: 800-688-7859Fax: 573-635-4417E-mail: achambers@mobar.org

Now is the timeto make things better.

Your First Call:

800-688-7859

“Some of the toughestbattles are not in court”

MOLAPOffers...

• Assessment

• Counseling * By Phone * In Person

• Referral

• Connection to lawyer volunteers

If personal issues are interfering with your

success, MOLAP stands ready to help.

MOLAP deals with:

• Alcohol and other drugs

• Depression

• Relationship problems

• Mental health issues

• Family conflict

• Gambling problems

• Financial concerns