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).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?