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Highlights Newsletter Archive
ABA CoLAP

Spring 1997 Issue

Table of Contents

California, Here We Come

The next business meeting of the Commission on Lawyer Assistance Programs (CoLAP) will be held in one of the most scenic cities in the world, San Francisco. This city is situated on a 46.6 square-mile peninsula bounded on the west by the Pacific Ocean, on the north by the Golden Gate strait and from north to east by San Francisco Bay. The Bay is spanned by two landmarks, the Golden Gate and San Francisco-Oakland Bay bridges, and graced by four islands -- Alcatraz, Angel, Yerba Buena and Treasure.

San Francisco is celebrated for its vitality and refreshing individualism. Its climate is no exception. Temperatures rarely rise above 75 degrees Fahrenheit or drop below 45. Great, cleansing drafts from the Pacific wash the city in all seasons, giving it an aura of perpetual spring.

Its principal attractions are the century-old cable cars, America's only mobile National Historic Landmark...Fisherman's Wharf with its bayview restaurants and resident sea lions....Alcatraz, once the site of the U.S.' toughest maximum security prison, now a National Park...Chinatown, the largest Asian enclave outside of Asia...Golden Gate Park with its Japanese Tea Garden, Steinhart Aquarium, Morrison Planetarium, outstanding museums and 1,000 wooded acres...Mission Dolores, founded by the Spanish padres in 1776...the pagoda-crowned Japan Center...the Victorian shopping sector known as Cow Hollow on Outer Union Street...Ocean Beach and Seal Rocks...Union Square, home of major-league shopping...North Beach, the Little Italy of the west.

NOTE: All Friends of Bill W. Meetings will be held at ABA Headquarters Hotel; the Hilton Hotel, Union Square 6, 4th Floor, 333 O'Farrell Street.

Our business meetings are open to anyone interested in helping lawyers suffering from addictions and stress, depression and other mental health problems. For ABA Annual Meeting registration and hotel information, contact Gerri Sandner at 312/988-5359 or e-mail gsandner@staff.abanet.org. Our complete schedule of activities can be found at: http://www.abanet.org/cia/committee.html

Off to Washington, DC... A Monumental City!

A quick list of attractions in DC always includes the White House, the Capitol, the Washington Monument and the Smithsonian . . . but there is so much more.

Start making your plans now to join fellow colleagues and friends at the National Workshop in Washington, DC. The workshop will arrive in the nation's capital during one of the nicest times of year. Basking in the warmth of late summer with temperatures in the mid-70s, you're sure to find DC a pleasant place to be.

Weather aside, you need things to do. Well, the Renaissance Mayflower places you steps away from the "Mall" - the area surrounded by the Smithsonian museums and flanked by the Capitol and the Lincoln Memorial. You can spend an hour or an entire week in just this area alone. Have you ever seen the actual U.S. Constitution, the Apollo 11 capsule, the chambers of the Supreme Court, the inaugural gowns of former first ladies, original Monet paintings, the Gettysburg address, or even Dorothy's red shoes? You can here - and more. So much to see - so much to do! And new to the Mall this year is the FDR Memorial, an interactive tribute not to be missed.

Beyond the monuments, DC offers a host of other attractions. Visits to the National Zoo, the amazing array of cultural museums, and the city's beautiful parks are just a few ideas to get you started. And when it's time to eat, name a type of food and it's here! The city proudly offers cuisine from around the world, as restaurants here promise to please any palate. After dinner, enjoy the eclectic nightlife of DC. World-class theater at the Kennedy Center, exciting cafes and all types of music are at your fingertips.

DC . . . it's a monumental city!

Only three months left until the kick-off for the 10th National Workshop for Lawyer Assistance Programs in our Nation's Capital, Washington, DC. You can find the schedule of events at: http://www.abanet.org/cia/ciawork.html

It is hard to believe that it is time to begin thinking about materials you want to include in the State Materials section of the course book for the National Workshop. All course book materials must be received in Donna Spilis' office no later than August 1, 1997. As in the past, you are limited to 10 pages or less. This may be even further reduced by the Planning Committee to keep the cost down.

We are looking for a brief report on your program's past, present and future plans, accomplishments, and concerns, plus copies of any new collateral materials, articles, ads, funding proposals, etc. that might in turn prove helpful to other states. This year at the 10th Annual Workshop on Lawyer Assistance Programs from September 8-12, 1997, at the Mayflower Renaissance Hotel in Washington, DC, we are trying a new format for Roll Call. Adrian Hill from Ontario, Canada will give three minute reports on all states in order to keep the reporting time to a limit. He will take the information from your reports so prioritize. Only those states submitting written reports will be included in the Roll Call Session. So, please send your information as soon as possible. State materials and speaker papers should be sent directly to Donna Spilis at the ABA, 321 N. Clark Street, Chicago, IL 60610. If it is easier to FAX your information, it can be sent to Donna at 312/988-5280. However, keep in mind that the quality of faxed copies is not as good as camera ready copy sent the old fashioned way. We look forward to seeing all of you in our Nation's Capital. Thanks for your cooperation.

Todd Jones, former CoLAP staff person, who now works with the ABA Tax Section in DC, was kind enough to put together a restaurant guide for us. He did a fabulous job sorting the list by American, French Bistros, French Restaurants, Italian Bistros, Italian Restaurants, Spanish, Oriental, Mexican, Middle Eastern, Moroccan and Cheap Eats. I want to thank him and also alert you that one of the restaurants on the list suggests making reservations before leaving home. That is L'Auberge Chez Francois, 332 Springvale Road, Great Falls, Virginia (703/759-3800). It has traditional, well-prepared French food with an Alsatian accent. A country inn in the close-in country. $$$. Now, Todd does not want all the credit since the list was developed by many of the Tax Section lawyers.

Some of our regulars have indicated an interest in bringing their children to this meeting for the wonderful educational opportunity available. If you are bringing your children, please let Gerri Sandner know the names and ages, so we can provide information on babysitting services, reduced meal tickets and appealing menus for the group functions, and other activities for young people. Call Gerri at 312/988-5312 or e-mail gsandner@staff.abanet.org.

HIGHLIGHTS CALENDAR OF EVENTS

1997 ABA Air Travel Program

It's easy to save when you travel to ABA meetings. Either you or your travel agent can use the 800 numbers below or call Direct Travel at 800/929-3544 or 212/302-7660 within the State of New York, using the ABA ID numbers below:

United: 800/521-4041; Account No. 50752

USAirways: 800/334-8644; Account No. 21900057

Delta: 800/241-6760; Account No. E0001

Discounts remain at 15% off coach, 5% off lowest fares available, as well as a 15% discount on all ABA business travel on United.

People in the News

Passed:

It is with much regret that we report the passing of our dear friend, James B. Cushman, a primary founder of the Ohio Lawyers Assistance Program, Inc. Jim passed away on March 26, 1997 at his home. He will be long remembered for his service on the ABA Commission on Lawyer Assistance Programs even after his term expired in August, 1996, and his ongoing assistance to the Ohio and Indiana LAPs. "Pro Bono Publico" was the essence of Jim's life as a lawyer. He will be dearly missed.

New Arrivals:

Christine P. Anderson, CoLAP's liaison from NOBC, and her husband, Paul, are celebrating the birth of their first child, Erik Robert, who was born on May 2nd.

Bill Leary, Louisiana LAP's Director and his wife, Kathleen, have become first-time grandparents. Their daughter, Katie gave birth to a baby girl, Kathleen Elizabeth, on May 13.

Weddings:

Patrick Reily (Georgia) attended the wedding of his son, Gavin, to Brooke Lundy on May 10th in New Orleans. The bride and groom live in Nashville, Tennessee and are both song writers/singers.

Michael Cohen (Florida) and Laura Di Pietro married on July 20th in Surfside, Florida. Michael and Laura will be mixing business with pleasure by starting their honeymoon at the ABA Annual Meeting in San Franciso, then doing some diving in Cozumel, Mexico. Healthwise, Michael is in the best shape he's been in all year. He and Laura just purchased a home and they couldn't be happier.

Other Congratulations:

The 1997 Michael Franck Award winner is Lewis H.VanDusen, Jr., a partner in the Philadelphia firm of Drinker Biddle and Reath. Mr. VanDusen served with distinction for many years on the ABA Standing Committee on Ethics and Professionalism from 1953 to 1956 and from 1962 to 1974, chairing the committee from 1971 to 1974. During his tenure, the Model Code was adopted and the committee issued a plethora of formal and informal opinions giving shape and content to some of our most important ethical principles. Nominees are judged based on their contributions in the professional responsibility field so significant as to set a standard of dedication to legal professionalism. The award will be presented to Mr. VanDusen at the 1997 Annual Meeting in August.

Court of Appeals Associate Judge Joseph W. Bellacosa of Guilderland recently received the Franklin P. Gavin Memorial Award for his support of a state bar program that assists lawyers with alcohol and drug problems. The award was presented during the Seventh Annual Spring Conference of the New York State Bar Association (NYSBA) Committee on Lawyer Alcoholism and Drug Abuse in May. Mr. Bellacosa received the recognition for his strong support of the NYSBA Lawyer Assistance Program and his continuing outreach to members of the legal profession concerning the need to seek help for alcohol and drug dependency. The award is named after Albany attorney Franklin P. Gavin, a founding member of the Albany Citizens Council on Alcoholism and a charter member of the NYSBA Committee on Lawyer Alcoholism and Drug Abuse.

Cynthia A. Jones, CSW, CEAP became the new executive director of the Lawyer Assistance Program for the State Bar of Georgia on November 4, 1996. A 1973 graduate of the University of North Carolina School of Social Work, she has a multifaceted professional background that includes over 20 years experience in the substance abuse, mental health and employee assistance fields. For those of you who do not have a Directory of LAPs, you can reach Cynthia at P.O. Box 674958, Marietta, GA 30006-0007 (770/612-1122).

Congratulations to Patrick Reily, who has been appointed as the chair of the State Bar of Georgia Committee on Lawyer Impairment. This appointment became effective June 14, 1997. You can reach Patrick at 705 Oglethorpe Drive, Atlanta, Georgia 30319, 404/869-2829.

Lynn Phillips joined the DC Bar as part of the Lawyer Counseling Program, providing mental health counseling services. Ms. Phillips has over twenty years of experience as a mental health counselor. She is a licensed professional counselor in the District of Columbia and has received an M.S. degree in counseling. She is planning to revive the Lawyer Counseling Program Solo Practitioners Group and Women in the Law Group. She has joined the Lawyer Counseling Program Director, Dr. David Schwartz, and they can both be reached at 202/347-3131.

Barry Pritchard, Co-ordinator for England SolCare, is now available through e-mail. His address is: BarSol@aol.com.

Around the LAPS

Note from Donna Spilis: Many thanks to the LAPs that send information for inclusion in this section of Highlights and also to the ABA Division for Bar Services, whose staff regularly send clips related to the work of LAPs from state and local bar association journals and newsletters.

District of Columbia: On April 16, 1997, the DC Board of Professional Responsibility sponsored its 24th Annual Disciplinary Conference, bringing together representatives of the various segments of the local disciplinary system (the judiciary, the BPR and its hearing committees, Bar Counsel's office, Lawyer Counseling Program and Lawyer Counseling Committee, defense attorneys) for an educational discussion of topics of mutual interest. This year's topic was the diversion system, in which attorneys involved in minor misconduct can have remedies imposed through an agreement with the Office of Bar Counsel, rather than prosecution through the more formal procedures of the complete disciplinary process. In 1995, the District of Columbia began a diversion program and created the Lawyer Practice Assistance Committee of the DC Bar to provide support for attorneys in the management of their professional practices. At the Conference, the progress of these initiatives was reviewed. Panelists discussed diversion systems in other jurisdictions and some of the advantages and disadvantages of offering a diversion route in the disciplinary system.

The DC Bar Hearing Committee rules that the Americans with Disabilities Act (ADA) requires former abusers of illegal substances to be eligible for mitigation in disciplinary cases. In December 1996, one of the Hearing Committees of the Board of Professional Responsibility of the DC Bar decided In Re Marshall, which raised the issue whether an attorney with a history of abuse of an illegal substance could offer such as evidence for mitigation of disciplinary sanctions. The Hearing Committee reviewed disciplinary cases from a number of other jurisdictions, some of which have permitted evidence of mitigation to be introduced by lawyers who were involved with addiction to illegal drugs and others that have rejected addiction to illegal drugs as a mitigating factor in disciplinary cases. The Hearing Committee ruled that the ADA requires all former users of addictive substances, whether legal or illegal, to be treated identically for the purposes of mitigation.

Montreal: CoLAP Staff Director, Donna Spilis, and ABA Center for Professional Responsibility Program Director, Brad Hoffman, recently visited Montreal, selected site for the 1998 National Conference on Professional Responsibility, National Workshop for Lawyer Assistance Programs and ILAA, and home for The Bar Members Assistance Programme (PAMBA). Members of PAMBA including Gerald Bazinet and director Guy Quesnel, met with Donna and Brad to offer their assistance as local hosts for the ABA National Workshop. PAMBA is an assistance and counseling service offered to all members of the Quebec Bar suffering from drug or mental health problems in the their personal or professional lives.

Nebraska: The Nebraska Lawyers Assistance Program (NLAP) was approved by the NSBA House of Delegates last fall at their Annual Meeting. NLAP was formed to provide immediate and continuing support to lawyers, judges and law students who suffer from alcoholism and drug addiction. Like other state bar assistance programs, NLAP plans to commit resources to assisting chemically dependent lawyers, judges and law students in their recovery and providing education to the bench, bar and law students concerning recognition of the problem and available treatment options. NLAP's new director, Rick Allan, will have the assistance of recovering alcoholic lawyers and judges across the state, when called upon to support those suffering from this disease of addiction. Confidentiality is guaranteed by Supreme Court Rule (Code of Professional Responsibility DR 4-101(E).

North Carolina: The North Carolina Supreme Court recently approved a new CLE rule revision that permissively authorizes ethics CLE credit for programs about how substance abuse/chemical dependency effect lawyer. "Rule 1602 General Course Approval...(c) Professional Responsibility Courses on Substance Abuse and Chemical Dependency - Accredited professional responsibility courses on substance abuse and chemical dependency shall concentrate on the relationship between substance abuse, chemical dependency and a lawyer's professional responsibilities. Such courses may also include (1) education on the prevention, detection, treatment and etiology of substance abuse and chemical dependency, and (2) information about assistance for chemically dependent lawyers available through lawyers' professional organizations.

PALS held their 1996 Annual Meeting on November 8-9 at the Blockade Runner Resort in Wrightsville Beach, North Carolina. The Peer Counselor Training Subcommittee worked hard all year to put together a workshop that would be both educational and fun for the entire family. New this year was the Family Track Program. The keynote speaker was Leland A. Reinhard from Fort Worth, who is a past chair of the Texas Lawyer's Assistance Committee. Leland has been in recovery for 11 years and has been speaking to others about the disease of addiction ever since.

Billy H. from Louisville, Kentucky, led a Step Study Weekend entitled Positive Action for Lawyers for the North Carolina PALS program on May 2-4, 1997. PALS director, Don Carroll, indicated it was a wonderful retreat. The program is now on audio tape. Copies are available from Ed Frederick, 1954 Eastview Avenue, Louisville, Kentucky 40205. The cost is $25.00 plus $3.00 postage.

Oklahoma: In Oklahoma, substance abuse is gaining more and more attention from the Oklahoma Bar Association. The Oklahoma Rules Governing Disciplinary Proceedings have two relevant rules: Rule 10 - Personal Incapacity to Practice Law (17 years old) and Rule 12 - General Counsel Involvement in Managing Practice of an Incapacitated Lawyer (New). In addition, Oklahoma has the Lawyers Helping Lawyers (LHL) Committee, which in the past few months has become much more aggressive in a preventive and interventionist sense with lawyers who have "incapacitation" problems, primarily substance abuse. LHL now has funds to conduct interventions backed by Rules10 12 to make the lawyer get treatment immediately or face dscipline. LHL has a proposal before the Oklahoma Board of Governors requesting funds to hire a full-time LHL director with a toll-free separate number.

Vermont: In the past year, two efforts have taken priority for the Vermont LAP: 1) The formation of a Lawyers Office Management Program (LOMAP) under LAP, which is to serve those attorneys seeking voluntary help in their office operations and be of use to the Professional Conduct Board as a means for addressing lesser violation corrections. 2) The preparation of a special Vermont Bar Journal (October 1997) featuring various program articles and commentaries, including guidelines under the LOMAP program.

Wisconsin: If alcohol or drugs mean trouble for you, a colleague or loved one, call WisLAP's Substance Abuse Helpline at (800) 254-9144. Answering your call will be Helpline Coordinator Lea Landmann or another trained counselor. They can put you in touch with a support network of recovering alcoholics and addicts, help arrange treatment, or organize an intervention to help someone face up to alcohol or drug dependency. The Committee on Assistance for Lawyers (COAL) Helpline is now known as the WisLAP Stress Helpline, but it still can be reached at (800) 543-2625. From 8 a.m. to 10 p.m., daily, an operator can connect you to Stress Helpline Coordinator Dennis Kozich (a lawyer who also has a doctorate in counseling) or to a trained lawyer volunteer.

Other News

A Successful Alternative...:The article that appeared in the Winter 1997 Issue of Highlights entitled A Successful Alternate to the Residential Treatment Model has resulted in many calls. Special thanks to the authors, Betty Reddy, Jim Costabilo and Carl Anderson, for submitting this article, which was a follow up to one of the break out sessions at the last National Workshop in Miami. Questions about independent living communities can be directed to Betty Reddy at 9351 Bay Colony, Unit 2E, Des Plaines, Illinois 60016.

The Kiplinger Washington Newsletter, Excerpt from Vol. 743, No. 18, May 2, 1997: Don't think of drug & alcohol abuse as someone else's problem. The federal government is NOT the solution. It has spent $110 billion on drug-abuse programs over the past decade with little to show for it. Here are some ideas that are paying off around the country: Discounts of up to 20% on workers' comp premiums will be offered to employers in a new drug-free workplace effort in Ohio starting July 1. To qualify, firms must have written anti-drug policies, train employees on drug problems, do drug testing and provide counseling and treatment. Most firms have a zero-tolerance policy, including Home Depot, which warns job seekers, "If you use drugs, don't even bother to apply." All applicants...warehouse helpers to executives...must pass drug tests. And anyone up for promotion is required to go through another screening. Some suggestions for employers from drug-control specialists:

Updated: 10/3/2006

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