THE ONTARIO LAWYERS’ ASSISTANCE PROGRAM

If you don't help a colleague, who will?
By Leota Embleton, MSW, I.C.A.D.C., Clinical Director, OLAP
"A typical alcoholic lawyer may drink heavily for years before colleagues
begin to notice that something is terribly wrong."C. Waldhauser

The Ontario Lawyers’ Assistance Program is rooted in the concept of "lawyers helping lawyers." Our mandate is to promote wellness, prevent problems and assist when problems arise for individuals within the legal profession.

In the early days, the activities of "lawyers helping lawyers" were primarily addiction focused. Although the program has expanded to assist with a range of issues, we must continue to be vigilant and pay heed to addiction issues in the legal profession. Addiction takes many forms, including dependence on a substance -- illegal drugs, prescription drugs, alcohol, food -- or on a process -- gambling, internet, pornography, sex, work. This article will focus on the addiction to alcohol.

Don Carroll is the director of the North Carolina Lawyer Assistance Program and has helped many colleagues overcome addiction and depression. In his book A Lawyer's Guide to Healing: Solutions for Addiction and Depression, he focuses on specific challenges facing lawyers. According to Carroll, the most common form of addiction affecting lawyers is alcohol. He states, "If I had to pick the most common malady affecting lawyers, it would be alcoholism. Many lawyers use alcohol to self medicate against career stress and to cope with their own challenging personality threats, which can include perfectionism, the need to control, and grandiosity."

What is the issue?
Lawyers often have high expectations of themselves and what they should accomplish on behalf of their clients. They are constantly looking for others to make a mistake, while at the same time feeling that others are diligently looking for them to slip. These thoughts dramatically increase their level of stress. Are lawyers really more likely than the general population to become addicted to alcohol or drugs? The answer is "Yes." In the United States an estimated 9.4 percent of the general population abuses or is addicted to alcohol. Among lawyers, that percentage is 18. The Canadian Centre for Substance Abuse identifies 13 percent of the population as high-risk drinkers. If we assume the same ratio seen in the U.S., the percentage of lawyers in Canada would be 26.

What is addiction?
1. Addiction is a continued, escalating behaviour despite the knowledge of negative consequences and the knowledge of harm to self or others. Symptoms are biological, cognitive, and behavioural. (Diagnostic Services Manual IV, Mental Disorders)
2. "Alcoholism (addiction) is a brain disease. Addiction has been shown to have both a cause and an effect relationship to changes in brain structure and function. It is this relationship that makes addiction a disease of the brain, not a moral failing." (Dr. Graeme Cunningham, Director of Homewood Health Services, Guelph, Ontario)

Why does it matter to lawyers?
In general, the abuse of illegal drugs and alcohol casts a shadow on virtually every aspect of life: truancy, crime, mental illness, career, family life and disease. According to the Canadian Centre for Substance Abuse, of the percentage of those who are problem drinkers, 20 percent report some form of harm to themselves and 33 percent report harm from someone else's drinking. For
every person with a substance abuse issue, four others are affected in a major way. Clients as well as colleagues are affected. Lawyers are held in high esteem by the general public and are role models often with a high profile. "Lawyers are in a natural position to make a difference in the lives of their clients, their co-workers, their families, their communities and themselves." (GP Solo magazine (ABA) July /Aug 2001)

Step #1: What do you notice?
The first step in helping a colleague is taking notice. Colleagues can play an important role in primary identification of a problem with alcohol use by becoming familiar with signs and symptoms of alcoholism. A change in the following areas can indicate that something is wrong: attendance, performance, personal behaviour. If you suspect that the changes have any connection to alcohol use, take notice of the following behaviours that may be related:
- odour of alcohol or high breathalyzer test result
- attendance at meetings, court or other work functions after drinking
- drinking during business hours
- drinking substantial amounts and drinking often
- defensiveness about drinking
- repetitive memory loss and confusion
- increased tolerance and drinking more to get the effect of the alcohol
- legal problems such as driving while impaired or domestic violence
- past attempts to stop drinking
- comments about drinking that indicate concern, or lies about drinking
- concealment of the amount of drinking

Are lawyers special? What characteristics do they have in common?
It is a good idea to be aware of certain characteristics when suggesting help or identifying a possible problem:
- Superior intellectual and verbal skills can assist lawyers in deflecting unwanted feedback.
- Perfectionism makes it difficult to acknowledge personal shortcomings and minimize consequences.
- Preference for a logical approach can inhibit the expression of emotion.

Step #2: If you are concerned, what do you do?
The second step is taking action. Approaching a colleague and indicating a concern is not easy. Personal behaviour is a private matter and crossing the boundary to suggest a problem or offer
help is often considered out of bounds. There are things to consider before taking action that will help the process.
- Be informed. Take the time to know the common signs of problem drinking and some of the results.
- Be non-judgmental. It is important to make observations rather than conclusions about the behaviour you have noticed.
- Stay aware and alert. It is easy to hope that this is not a problem or that it will go away.
- Be concerned and caring. A first approach should always be based on concern for the individual, the family and the law practice. You should not be threatening and accusatory as this will reinforce the denial that is so much a part of any addictive behaviour.
- Be honest and direct. Identify your concern and the thoughts behind it. If you have personal experience with problem drinking, it is often helpful to include your thoughts and share your experience.
- Approach the colleague with respect. It is important to acknowledge the positives and the value that you hold for the other person based on your work together.
- Know the resources for help. Have options available to offer and encourage. Be able to provide the contact information for the Ontario Lawyers' Assistance Program, an AA group or a treatment centre.
- Facilitate help. Offer to follow up or support the person with any decision to get further help or to think about the consequences.
- Promote prevention. Your example and responsible behaviour is important.
- There is no failure. No matter what happens as a result of the contact, your colleague will remember that you took the time and made the effort to show concern.

When do you act?
The sooner the better. It can save a career. It can save a life. The Ontario Lawyers' Assistance Program assists lawyers who are abusing alcohol and assists the family members who are affected. OLAP understands lawyers. A counselor or peer volunteer will be able to help you help a colleague. Peer volunteers are lawyers who have faced a problem and have found help. They are ready to share their message of hope. The tradition of "lawyers helping lawyers" is a powerful message when given by a concerned colleague who has been there.

References:
Don Carroll, J.D., A Lawyer's Guide to Healing, Hazelden, Minnesota, USA, 2006
Mood Disorders Society of Canada, Just the Facts: Mental Illness and Addiction in Canada, 2005
Carol P. Waldhauser, “Identifying Addiction in Bumps in the Road” GP Solo Magazine, Vol 18, No. 5, 2001

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