James F. Bogen, Esq. Ask an Attorney Click here for past Ask an Attorney columns
Substance Abuse in the Legal Profession
Within the last month there was news coverage about a well-known Cincinnati defense attorney admitting to having a long-standing drug addiction.  Within the last few years, stories have come out about a number of other local defense attorneys having drug issues.  It can start out as the drink or drugs before work, and evolve into the drink or drugs during work and eventually the drink or drugs instead of work.  There are plenty of jokes among attorneys about "becoming your own client," but in all seriousness substance abuse among attorneys is more pervasive than members of the general public think.  Fortunately, there are resources that are geared specifically at attorneys and even law students.
Some research has found that attorneys are about twice as likely to have a substance abuse problem than members of the general population.  Substance abuse is also believed to be a contributing factor in as many as 80 percent of disciplinary complaints against attorneys.  There is also some evidence that litigators have the highest rates of substance abuse among attorneys, particularly those who practice criminal law (both defense and prosecution).  Another thing to consider is that about one in eight law students leaves school with signs of a substance abuse problem.
In Ohio, attorneys and law students with substance abuse issues can turn to the Ohio Lawyers Assistance Program (OLAP).  OLAP provides confidential advice, the arrangement and implementation of formal interventions, help in deciding treatment options, and monitoring and aftercare services.  For attorneys with disciplinary problems, seeking help from OLAP can sometimes be mandatory if they want to ever practice law again.
The philosophy of OLAP is that alcoholism, substance abuse, addictive behavior, and psychological problems are treatable illnesses rather than moral issues.  If you contact OLAP about yourself or about a colleague, the call is confidential.
When attorneys with substance abuse issues end up before a disciplinary committee, the damage caused by their actions is usually pretty widespread.  And that is only for the things they got caught for.  Neglected cases, theft or misappropriation of client funds, billing for work not done, you name it.  The key is to spot a potential problem and do something about it as soon as possible.  The alternative is widespread damage caused by an addict.  If you know an attorney or law student out there who needs help, or if you are an attorney or law student who needs help, you can contact OLAP for help at (800) 348-4343.
James Bogen is an attorney in solo practice in Cincinnati.  Any questions or comments can be directed to Mr. Bogen at attorneybogen@yahoo.com.