Venus/Mars: Gender Issues in Addiction and Recovery

Lawyers Helping Lawyers

Venus and Mars: Gender Differences in Substance Abuse, Mental Health and Discipline Matters

Albemarle County BarSeptember 24, 2014

Barbara Williams, Deputy General Counsel, Partner, President of Lawyers Helping LawyersRenu Brennan, Assistant Bar Counsel Virginia State Bar

Asha Panja, Tidewater Attorney and Lawyers Helping Lawyers Board Member.

Survey of attorneys in Virginia found that--

33%

One third of Virginia attorneys report ~substance abuse or other mental

health problems have interfered with their personal or professional life at

some time.

Survey

Percentage of Virginia attorneys with alcohol problems

between 9% and 12%

What LHL Does

Assists attorneys, judges, law students, and other legal professionals with substance abuse and mental health matters

Provides evaluation, assessment and referrals, peer support, and monitoring services

Provides preventive services through educational outreach programs to the judiciary, law schools, law firms, bar associations, bar seminars, and other professional entities.

Maintains a listing of resources, programs, and health care providers competent to work with legal professionals.

Rule 8.3

A lawyer having reliable information 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 to practice law shall inform the appropriate professional authority.

Does NOT apply to information obtained by LHL for the purpose of helping the attorney. 8.3(d)

Gender Issues in Addiction & Recovery

What we know to be true about chemically

dependent men and women.

Some messages that men and women

receive.

Differences and similarities in what men and

women need from treatment.

A few things we know to be true about chemically dependent men

and women

Men are more likely to be homeless, victims of violent crimes, commit suicide and to die by as a result of a violent crime

Men are 2 to 5 times more likely to develop a substance- use disorder

Alcohol dependency exacerbates faster and with less alcohol in women

Women are three times more likely to be prescribed a mood altering drug for their physical or emotional issues

Women do not access services as early into their addictions as men

Some messages that men receive

Men are taught that they are expendableThat they shouldn’t express emotionsMust succeed at all costsOnly depend on women for their emotional

needsThey should “need” sex and that they should

know how to please their mateFatherhood is not as important as motherhoodAlways appear confident and strong

Some messages that women receive

Women are to be the primary caregiver in the family

To put their relationships with others before their relationship with themselves

Depend on men for financial stabilityTake on the majority of household

responsibilities even if they are part of the workforce

That women must maintain a certain image emotionally, mentally and physically

Women need a treatment experience where they can

• Feel comfortable to share experiences, ideas and feelings

• Encourage each other to share• Cooperate better than when in a mixed group• Feel safe to share about trauma issues • Develop a greater sense of self• Understand how to have empathy for

themselves and feel empowered

Men need a treatment experience where they can

Develop an authentic self and define what that means to him

Challenge the idea that they must always be strong and confident

Address the sense of being expendable and that they must succeed at all costs 

Oppose the idea that they must perform, be aggressive and trust no one

Understand how to accept and express their emotions

Use Member Resources

Women aren’t afraid to ask questions, so when in doubt ask!

If you have a question about whether something may violate the Rules of Professional Conduct (RPC), call the Ethics Hotline (804) 775-0564. The Ethics Hotline is a confidential consultation service for members of the Virginia State Bar. Any member of the bar may seek informal ethics or unauthorized practice of law advice by calling the Ethics Hotline at (804) 775-0564. You will be prompted to leave a voice mail message, and your call will be returned in the order of receipt.

E-mail Ethics , go to www.vsb.org, Member Resources tab, Ethics Questions and Opinions, click on E-mail Your Ethics Questions. Depending on the complexity of your question, you will receive either an e-mail response or a return phone call. The ethics staff strives to respond to your questions within the same day.

Respond to the Bar

Thus far this fiscal year 78% of the bar complaints have been dismissed because the bar complaint either did not present an issue under the RPC or because the bar complaint alleged minor allegations of ethical misconduct susceptible to early resolution (my lawyer will not return my calls).

Your participation at each stage of the process is thus critical, because a lawyer from the Bar may call to resolve an issue susceptible of resolution and to dismiss the complaint before it is even sent to you for a formal response.

What if you do receive a Bar complaint?

Respond/You Have a Duty to Do So Rule 8.1(c)

The Bar’s Disciplinary Procedures is set forth at Part 6, Section IV, Paragraph 13 of the Rules of the Supreme Court of Virginia.

RPC 8.1(c) imposes an affirmative duty on attorneys to respond to a lawful demand for information from a disciplinary authority, except that the Rule does not require disclosure of information otherwise protected by RPC 1.6.

Respond Promptly and Thoroughly

Be proactive. As tempting as it is, do not bury or ignore the bar complaint. Deal with the complaint, and deal with it promptly.

You have 21 days to respond to the complaint. If you need an extension, ask. The bar typically grants

reasonable requests for extensions. Confirm the request in writing.

The disciplinary procedure is set forth at www.vsb.org, Member Resources tab, Professional Guidelines and Rules of Professional Conduct, Organization of the Virginia State Bar.

Knowledge is power, so know the process. Ask questions. Do not be afraid of the Bar. The Bar wants and needs to understand both sides of

the story to determine whether there really is a viable complaint of ethical misconduct.

You need to convey your side of the story.

Tips in Responding

Be analytical, thorough, and thoughtful. Read and review the bar complaint thoroughly. Read the complaint several times.Take notes, review your file, and outline a careful and

deliberate response. Handle your complaint as you would any other client

matter. Base your response on facts not emotions. Review the professional rules of conduct, determine

which may be at issue, and review the law and legal ethics opinions.

Answer the allegations honestly.Provide facts, information, and documents, such as

retainer agreements and correspondence which supports your response.

Counsel

Consider hiring a lawyer who represents lawyers in disciplinary proceedings.

At a minimum, review the complaint and response with a trusted friend or colleague.

Reach out to those whom you trust and consult with them on how best to respond.

Response is Critical/Disciplinary Process

The response is critical in the review of the complaint.

Bar counsel will review the response and share it with the Complainant, after which Bar counsel can either dismiss the complaint or refer the matter to the appropriate district committee for further investigation.

Where the complainant is not the client, but is opposing counsel or a judge, may affect the analysis of what is shared in the response.

Dismissal of Complaint

Bar counsel shall dismiss the complaint when it is clear from the complaint, response, and any rebuttal, and any attachments and accompanying documentation that:1. As a matter of law, the conduct

questioned or alleged does not constitute ethical misconduct; 2. The evidence available shows that

the Respondent did not engage in the Misconduct questioned or alleged;

3. There is no credible evidence to support any allegation of Misconduct by the Respondent; or 4. The evidence available could not reasonably be

expected to support any allegation of ethical misconduct under a clear and convincing evidentiary standard. See Paragraph 13-10.E.1-4.

What if the Complaint is Not Dismissed?

Referred to the district committee where you practice for further investigation

As with your duty to respond to the complaint, you have a duty to participate honestly in the investigation of the complaint. See Rule of Professional Conduct 8.1.

Participate in the investigation.Respond promptly to the subpoena.Bar can enforce subpoena by going before

the Disciplinary Board.

Agreed Disposition

At every stage of the process, an attorney has the opportunity to reach out to the Bar, either pro se or through counsel to discuss the matter and an agreed resolution.

Many matters are resolved through Agreed Disposition.

Participate in the Disciplinary System

Volunteer to serve on the District Committee. After serving on a District Committee, serve

on the Virginia State Bar Disciplinary Board. Represent respondents.

Contact LHL

24-Hour Confidential Hotline:877-545-4682

www.valhl.org