Alcohol and Chemical Dependency is described by the American Psychiatric Association as:

" . . . a cluster of cognitive, behavioral, and physiologic symptoms that indicate that the person has impaired control of psychoactive substance use and continues use of the substance despite adverse consequences."

In 1956, the AMA recognized alcoholism as a "primary disease." Like chemical dependency in general, there are certain recognizable characteristics. It does not arise from another illness or underlying emotional or psychological problem.

Alcohol and chemical dependency follow a predictable and progressive course. Left untreated, they will pass through progressively worse states, each with its characteristic symptoms, until the individual with the disease dies.

These are multiphasic diseases – they affect all aspects of a person’s life: Physical, mental and emotional health deteriorates; family, relationships and social life suffer; and professional performance declines.

Alcoholism and chemical dependency are permanent and chronic. While the dependency may be arrested through treatment, it cannot be cured.

For those under 40 there is typically a dual dependency upon both alcohol and other forms of drugs. For those over 50 there is typically a single addiction which is generally to alcohol.

While substance abuse, alcoholism, or chemical dependency may manifest differently in each individual, the following are some common and predictable problems:

1. You drink or use drugs to "manage" emotions and stress – to celebrate winning a case; to relax after a stressful day; to deal with anger – eventually the alcohol or substances becomes the primary stress reduction tool.

2. Your behavior becomes less and less responsible. Your work quality may decrease and you begin drinking on the job or at lunch. You fail to return phone calls or show up for appointments.

3. Drinking or use of drugs begins to intensify negative emotions – you may experience increased anger, resentment, guilt, depression, or anxiety.

4. Behavior begins to conflict with values and ethics – lying, mishandling funds, getting DWI’s.

5. You quit socializing unless it involves drinking or using drugs; you protect your supply to avoid running out; you begin drinking or using alone.

6. You may engage in efforts to control your use of substances (beer rather than hard liquor). You may try to control the amount (only two drinks a day). You may try to control the time of use (only on weekends). These may be effective for a short time, but will eventually fail.

7. Mental functioning is impaired. Thought systems becomes delusional; you may become grandiose, have difficulty concentrating. Your ability to handle stress decreases and you may experience blackouts (memory gaps).

8. Tolerance to the substance increases so it takes more to obtain the same effect. In late stage alcoholism, the tolerance becomes wholly unpredictable and it may take a lot or a little to achieve intoxication.

9. Physical health deteriorates with sleep difficulties, weight changes, malnourishment, intestinal problems, ulcers and liver problems. Ultimately, the addiction is fatal.

10. Denial is a central feature of alcoholism and chemical dependency.

Sweaty palms, red face, tremors, sloppy work, emphasis on "happy hour" activities; frequent and long "outside" meetings after lunch; more evident anger or depression; verbal abuse of others; late arrival and early departure from office; watch for secretaries covering for attorney absences.

• Washington - 18% of lawyers practicing 2-20 years have a drinking problem; 25% for those practicing over 20 years.

• Alcoholism and chemical dependencies together are estimated to be a factor in at least 27% and possibly as much as 70% of the professional discipline cases.

Why do we care:

The Rules of Professional Conduct place severe penalties for those attorneys who evidence a ". . . persistent inability to discharge, or unreliability in carrying out, significant obligations."

The failure of an addicted attorney to perform his/her job can result in the loss of a license to practice. However, it is more complicated than that. A grievance may also be filed upon the supervising attorney or law firm that fails to take ". . . reasonable remedial action to avoid or mitigate the consequences of that person’s misconduct" – whether the addicted individual is an attorney or a non-lawyer assistant.

We are our sister’s/brother’s keeper regarding the conduct of the impaired lawyer or assistant. There is a "duty" to report any violation of applicable rules of professional conduct that raises a substantial question as to the honesty, trustworthiness, or fitness of an individual.

The firm itself can be sued for failure to remove an addicted attorney or non-lawyer assistant.

Acknowledge problem. Don’t cover up. Loyalty should be to the firm which has an enormous liability.

Get HELP!

The problem won’t go away and most of us are not trained to deal effectively with abuse of alcohol or drugs. If you suspect a problem, contact:

• Lawyer’s Assistance Programs
• Employee Assistance Programs
• Alcoholics Anonymous
• Narcotics Anonymous
• Cocaine Anonymous
• Treatment Centers and
• Outpatient psychiatric or psychological treatment and intervention programs

Summarized by Johnna Ferguson
Gateway Chapter Meeting
Wednesday, June 19, 2002