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Attorney Licensure and the Impaired Professional

Substance use disorders and mental health challenges can affect any attorney regardless of gender, culture, ethnicity, age, or socioeconomic status. This program, taught by seasoned attorneys Tracy Kepler and Laurie Besden, instructs attorneys on how to recognize the impaired professional, provides various resources to assist in the recovery and identifies the possible disciplinary implications of impaired attorneys' conduct.

Ms. Besden will share her personal journey from the darkness and depths of despair in struggling with a substance use disorder as a licensed attorney to her path of long-term recovery, where she received a full Governor's Pardon from Governor Wolf in 2020.

Learning Objectives:

Explore substance use disorders and mental health challenges as medical diagnoses and how their prevalence rates affect the legal professional - as told by one of the presenters, who is in long-term recovery, herself.
Identify warning signs of, and learn how to begin the conversation with an impaired attorney.
Discern the interface between potential attorney disciplinary action and impairment as well as possible reporting obligations.
Identify confidential, safe, free, and supportive resources available to the impaired legal professional, their family members, and their colleagues.
Apply wellness tips that attorneys can apply in daily life, without much effort, that will positively impact mental health, in both the personal and professional realms.

Duration of this webinar: 60 minutes

Originally broadcast: December 11, 2023 11:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Overview

Laurie Besden is noted for her work with Lawyers Concerned for Lawyers and her awards for public service. Tracy Kepler is recognized for her role in risk control consulting and her contributions to legal ethics education.

04:55 Road to Redemption: Laurie's Story

Laurie shares her personal journey of overcoming addiction, emphasizing the prevalence of substance use and mental health issues in the legal profession. She recounts her early experiences with substances, starting from childhood, and the impact on her life and career. Laurie describes her struggles during law school and her subsequent addiction to prescription drugs. Her addiction led to legal troubles, including arrests and incarceration, but she found hope and recovery through support from Lawyers Concerned for Lawyers. Laurie highlights the importance of awareness and intervention, sharing her story to inspire others facing similar challenges. She emphasizes that recovery is possible and shares her achievements post-recovery, including reinstatement to practice law and receiving a governor's pardon.

29:47 Challenges in the Legal Profession

Tracy discusses the challenges faced by the legal profession, focusing on data related to substance use and mental health issues. She highlights a study revealing that younger lawyers are more affected by these issues than their seasoned counterparts. Tracy notes the increase in anxiety and depression among lawyers, exacerbated by the pressures of the profession. She mentions gender disparities, with women considering leaving the profession due to mental health concerns. Tracy emphasizes the importance of addressing these issues proactively to prevent severe consequences, including suicide. Laurie adds insights on the stigma and challenges lawyers face in seeking help, urging the importance of support systems.

40:27 Addressing Impairment and Support Systems

Laurie discusses the responsibility of law firms to address impairment issues among their employees. She criticizes inadequate measures, such as shutting down email access, and stresses the need for comprehensive support and intervention. Laurie shares examples of successful interventions and the importance of not ignoring signs of impairment. Tracy highlights the role of regulatory agencies in supporting impaired lawyers through treatment and probation. She emphasizes the need for proactive measures and the importance of approaching colleagues with concern rather than accusation. Laurie and Tracy discuss the significance of Lawyer Assistance Programs in providing confidential support and resources.

55:31 Promoting Well-Being in Law Firms

Tracy discusses the importance of promoting well-being within law firms and creating a supportive workplace culture. She emphasizes the need for impairment policies and wellbeing templates to address mental health and substance use issues. Tracy suggests having a designated person or committee within firms to handle these issues, separate from HR departments. She highlights the importance of combating isolation and fostering interconnectivity among employees. Laurie shares her personal experience of how one person's support can lead to significant positive change.

01:00:31 Personal Well-Being and Boundaries

Laurie emphasizes the importance of setting boundaries and prioritizing personal well-being. She advises using away messages to manage email during vacations or personal time. Laurie highlights the impact of screen time on well-being and encourages mindful practices like sleep and self-care. She shares insights on managing apps and avoiding comparisons with unrealistic standards. Laurie stresses the importance of scheduling self-care time and creating boundaries to protect personal time. She encourages mindful eating and taking breaks from screens to improve overall well-being.

01:05:18 Audience Questions and Closing Remarks

Laurie and Tracy address audience questions, including accountability for work environments contributing to mental health challenges. Tracy emphasizes the importance of firm culture and leadership in addressing these issues proactively. Laurie shares examples of firms implementing programs to improve workplace culture and support mental health. They discuss rebuilding trust with colleagues and clients after addressing substance abuse issues, emphasizing time and empathy. Tracy highlights the challenges of monitoring impairment in remote work environments and the importance of recognizing deviations from baseline behavior.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speakers

Laurie J. Besden Executive Director
Lawyers Concerned for Lawyers of Pennsylvania

Laurie Besden is the Executive Director of Lawyers Concerned for Lawyers of Pennsylvania, Inc. (LCL PA). She served as its Deputy Executive Director, overseeing its Helpline operations, serving as primary contact for intervention requests, expanding its law school outreach, and increasing LCL PA’s presence within the organized bench and bar, from 2011-2015. After becoming LCL PA’s Executive Director in 2015, Laurie continued to serve in most of these capacities and assumed responsibility for the organization’s administrative and financial operations, as well as its judges’ assistance program (Judges Concerned for Judges). Read More ›

Tracy L. Kepler Director of Risk Control Consulting
CNA's Lawyers Insurance Program

Tracy L. Kepler is the Director of Risk Control for CNA’s Lawyers’ Insurance Program. In this role, she leads the lawyers’ professional liability team, is accountable for business results through delivery of risk control services and designs and develops content and distribution of risk control initiatives relevant to the practice of law. Tracy reviews and directs the evaluation and assessment of loss exposures and the application of risk control policies, guidelines, regulations, and drives the resolution of risk control issues and problems. She also collaborates with the underwriting and claims teams to develop and execute strategies for the profitable growth of the program. Read More ›

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Prevention and Detection Competence

Earn Credit Until: June 30, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 Professional Well-Being

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: November 30, 2026

This presentation is approved for one hour of Prevention and Detection Competence CLE credit in California, and one hour of Professional Well-Being CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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