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31 Creighton L. Rev. 265 (1997-1998)
Alcoholism, Drug Abuse and Lawyers: Are We Ready to Address the Denial

handle is hein.journals/creigh31 and id is 275 raw text is: ALCOHOLISM, DRUG ABUSE AND LAWYERS: ARE WE READY TO ADDRESS THE DENIAL? RICK B. ALLANt TABLE OF CONTENTS I. Introduction ....... ........................... 265 II. The Problem: Chemical Dependency and Denial ..... 267 A . The Disease ..................................... 267 B. Sym ptom s ....................................... 267 III. The Adverse Effects upon Clients, the Public, the Courts and the Profession ........................... 268 A. Lawyer Discipline and Malpractice .............. 268 B. Public Trust and the Purpose of Lawyer D iscipline ....................................... 269 IV. Alcoholism as a Mitigating Factor in Lawyer D iscipline ........................................... 269 A. But For Causation Test of In re Kersey ......... 269 B. Nebraska Cases ................................. 271 V. How Nebraska has Addressed the Problem .......... 273 A. Nebraska Lawyer Assistance Program ........... 273 B. Confidentiality of the NLAP ..................... 275 VI. Recommendations: Monitoring and Diversion ........ 275 VII. Conclusion .......................................... 276 I. INTRODUCTION It is generally accepted that 10 percent of the adults in the United States chronically abuse alcohol.1 This percentage does not seem to apply to lawyers. In fact, the percentage is much higher for attorneys. A Washington study found that 18 percent of lawyers who practiced 2 to 20 years had developed problem drinking, [and the number in- creases to] 25 percent [among] lawyers who practice 20 years or t J.D., Creighton University School of Law, 1966. Of counsel with Butler, Galter, & O'Brien, Lincoln, Nebraska; Director, Nebraska Lawyers Assistance Program. 1. G. Andrew H. Benjamin, Bruce D. Sales & Elaine J. Darling, Comprehensive Lawyer Assistance Programs: Justification and Model, 16 L. & PSYCHOL. REV. 113, 115 (1992) (citing NATIONAL CLEARINGHOUSE FOR ALCOHOL AND DRUG INFORMATION, ALCO- HOL AND OTHER DRUG ABUSE AFFECTS THE LIVES OF MILLIONS OF AMERICANS, THE FACT Is ... (October, 1988).

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