THE ONTARIO LAWYERS’ ASSISTANCE PROGRAM

SECTION II  

STRUCTURE AND ACCOUNTABILITY

Description

The Ontario Lawyers Assistance Program (OLAP) is a non-profit program (registered charity) endorsed by The Law Society of Upper Canada and the Ontario Bar Association but totally confidential from both and separate and distinct in its activities. OLAP is financially supported by LAWPRO (Lawyers Professional Indemnity Company) and LSUC on an annual basis.

The OLAP Board of Directors

OLAP reports through the Executive Committee to the Board of Directors.  The board is comprised of representatives from major stakeholders and interested lawyers. The board meets quarterly.
See Appendix C for a list of current board members. 
 

The Executive Committee

The executive committee meets regularly to review functioning and provide direction to OLAP staff and volunteers.  The executive committee members include program staff and members of the board.

FUNDAMENTAL OPERATING PRINCIPLES

1.  CONFIDENTIALITY

The importance of confidentiality to the functioning of OLAP  is recognized by the Law Society of Upper Canada in Rules of Professional Conduct Rule 6.01 (3) which gives volunteers an exemption to the Rule save for serious misconduct or criminal activity related to the lawyer’s practice.  (See Appendix B for details)

All communications with OLAP are confidential including:
a) any communication from the lawyer or others requesting help and
b) communication between volunteers and OLAP relating to the lawyer in need 
A communication to OLAP cannot be divulged without the permission of the subject lawyer.

2.  OLAP AND DISCIPLINARY ACTIONS

Confidentiality works both ways--a communication to OLAP is not a communication to the Law Society of Upper Canada and does not prejudice or influence a disciplinary proceeding begun on the basis of information obtained from other sources.  Conversely, OLAP is not a sanctuary and does not shield a lawyer from disciplinary proceedings.

OLAP will not take an active role in a discipline proceeding unless the Law Society of Upper Canada or a defense lawyer requests his/her assistance as a resource. OLAP can assist LSUC but will not divulge any information from, or about, a lawyer without the express permission of that lawyer.
Although OLAP does not participate as an advocate in disciplinary proceedings, individual lawyers may serve privately in that function.  These lawyers do not speak for OLAP.  Additionally, lawyers who work with OLAP in getting help for an impaired or distressed colleague cannot and must not represent or perform legal services for that lawyer. 

An OLAP volunteer working with a lawyer facing possible disciplinary proceedings should refer that lawyer to independent counsel
               *For advice and representation
               *For advice re: whether a potential grievance exists
               *For advice re: self-reporting a potential grievance
                *To determine if there are other actions which can be taken to resolve or ameliorate a complaint
             
 3.  LIMITATIONS OF OLAP

OLAP is prohibited from providing legal services for any lawyer we are assisting.  Accordingly, OLAP volunteers will not represent any lawyer in civil, criminal or discipline proceedings.  OLAP cannot step in and take over the practice of a lawyer who is in trouble.  

RELATIONSHIPS WITH OTHER LEGAL SERVICES AND ORGANIZATIONS

Legal Profession Assistance Conference  (LPAC).  LPAC is the national association which co ordinates the provision of lawyer assistance programs on a national level. LPAC provides education, support and expertise to provincial programs.  OLAP is an affiliate member of LPAC. 

The Ontario Bar Association (OBA) is a founding member of OLAP and provides support for meetings, assists with OLAP publicity and promotion.

The Law Society of Upper Canada (LSUC) supports OLAP with annual operating funds.  LSUC departments such as Practice Advisory Services and Resolutions and Compliance can be helpful to lawyers in trouble prior to complaints going to discipline. A confidential service is provided by the Discrimination and Harassment Counsel that offers advice to anyone who may experience discrimination or harassment by a lawyer or within a law firm.

LAWPRO-Lawyers’ Professional Indemnity Company provides funding and support for OLAP. Programs such as the Practice Pro COACHING CENTRE workshop are a source of help for volunteers and lawyers seeking information on dealing with stress. 

FUNCTIONS-HOW OLAP WORKS

OLAP provides confidential peer support and professional assistance to lawyers in the province.

Access

Lawyers in need of assistance or information as well as those close to them--family members, colleagues, judges, friends, employers, office staff or clients--may phone for help or advice.  It is always confidential.

Contact 1-877-576-6227 or 905-238-1740   www.olap.ca

Calls are answered during office hours. Back up access is provided by Shepell.fgi to ensure help is always available. 

Services

            Information and advisory services
            Training and information           
            Resources for help
            Connection with a peer volunteer
            Assessment
            Follow up
            Professional Counselling

THE OLAP TEAM

The daily operations of OLAP are managed by the Volunteer Executive Director John Starzynski and Clinical Director Leota Embleton. They work together to be certain that OLAP meets its objectives and report to the executive committee and the Board of Directors.

Leota Embleton, MSW, ICADC

Leota is the Clinical Director of the Ontario Lawyers’ Assistance Program. She is a therapist with over 30 years of clinical and administrative experience. She received her Bachelor of Arts Behavioral Sciences in 1967 and her Master of Social Work (MSW) in 1971 from Carlton University. Leota is a certified addiction counselor (ICADC) and has also been certified by the Employee Assistance Certification Commission. She holds memberships in the Ontario Association of Social Workers and the International Employee Assistance Professionals Association. Leota has extensive management experience as director of employee assistance programs and in the health care system. In her clinical practice Leota specializes in addiction,  marriage, and relationship counseling, trauma, and stress and/or conflict. She has participated in many conferences and presented seminars on lawyer stress, case management, addictive behaviors, and volunteer training.

John Starzynski, LL.B.
John is the Volunteer Executive Director of the Ontario Lawyers’ Assistance Program. He received his Bachelor of Law degree from the University of Western Ontario in 1974. Called to the bar in 1976, John practiced in the area of matrimonial law and litigation in Oshawa, Ontario. In 1990, he stopped practicing due to bi-polar illness (manic-depression). He became involved with OLAP in 1995 as a peer support volunteer to provide assistance to other lawyers. John has had training in alcohol and drug issues at the Professional-in-Residence Program at The Betty Ford Center (USA), and completed an internship at Bellwood Health Services (Toronto). In addition to his work with OLAP John is a member of the LPAC Board of Directors, the President of the Mood Disorders Society of Canada, and Chair of the Board of the Canadian Baseball Hall of Fame & Museum. He is past Director of the Ontario Suicide Prevention Network and past President of the Toronto Blue Jays fan club.

OLAP Staff includes case managers Doron Gold and Terri Wilkinson who respond to calls, support callers and ensure follow up to requests. Our case managers are lawyers and counselors.

Doron J. Gold, LL.B., CPCC

Doron has a B.A. from York University in Political Science and a law degree from the Osgoode Hall Law School. Doron was called to the Bar in 1996 and practiced law primarily in the areas of Family Law and Civil Litigation until January, 2006. In August, 2005, Doron began his studies in the field of personal coaching and he is a certified coach and a graduate of the Coaches Training Institute Certification Program.

Doron also maintains an active personal coaching practice.  Doron's combination of education, training and personal experience make him well suited to the role.  He is a welcome addition to our staff and assists in responding to calls, offering assistance to lawyers especially with career stress, providing support for peer volunteers and promoting the program.  His skills and training provide a valuable perspective for OLAP.

Terri Wilkinson, B.A., R.N., LL.B.
Terri has a background in health care and law as well as extensive volunteer experience, making her well positioned to take on this role. Terri graduated from Osgoode Hall Law School and was called to the bar in 1990.  She has practiced law in a general law office and has been a sole practitioner specializing in family law, criminal Yong Offender and wills and estates files.  Terri is a registered nurse and graduated in 1975 and worked as a nurse in many different roles until deciding to make a career change and go to law school. 

Terri has been involved in theatre, Habitat for Humanity and a board member with local charities. Terri is also an active volunteer dedicated to helping others.  She has been involved in volunteer work with a mental health crisis line, housing, women’s shelters and the elderly.  She acted as a peer volunteer with the OBAP and participated in education programs and retreats as well as provided individual peer support to lawyers who were struggling with personal issues.    

Catherine Hendrick

Legal Profession Assistance Conference (LPAC) |Commission on Lawyer Assistance Programs (CoLAP) | Lawyers Assistance Program of British Columbia (BCLAP) | Nova Scotia Lawyers Assistance Program (NSLAP) | Law Society of Upper Canada (LSUC) | The Lawyers Assistance Program (LINK) | The Alberta Lawyers Assistance Program | Lawyers Concerned for Lawyers (Saskatchewan) | The Lawyers Professional Indemnity Company (LawPRO) | Law Practice Consulting