The FCBA Professional Responsibility Committee will sponsor a CLE on Monday, October 7, 1:00 – 3:00 p.m. ET entitled Intersection of Ethics, Professionalism, and Attorney Wellbeing. This program will be held virtually via the Zoom platform.
This program addresses several issues raised by the 2017 study, report, and recommendations of the National Task Force on Attorney Wellbeing, with particular emphasis on ethics and professionalism. The first hour will explore the prevalence and symptoms of substance use disorders and other mental health disorders (such as major depression and anxiety) in the legal profession, along with effective interventions and treatments. Participants will be given the latest information about the incidence of these disorders in the lawyer population, risk factors involved, and the impact of these disorders on professionalism and compliance with attorney ethics rules, not only for those suffering from such disorders but their colleagues and supervisors. The presentation will also address the impact of stigma as a barrier to seeking help. The second hour will explore the clinical, legal, and professionalism problems which sometimes occur with attorneys practicing well into their advanced senior years. Like the general populace, the legal profession is skewing toward an older demographic. The daily news is rife with concern about the professional viability of superannuated judges and elected officials alike. Senior judges and lawyers bring a wealth of experience to their work but, as a group they also present increased risks of cognitive and physical conditions – challenges which employers and colleagues must navigate skillfully and lawfully. We will address demographic trends in the profession and the medical, neurological, physical, emotional, and organizational implications of these trends. We will discuss the related issues of professionalism, HR management, ethical considerations, and the legal implications of the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other related laws. The panel will share information about effective interventions, treatments, and resources available to support aging judges and attorneys.
AGENDA
1:00 – 2:00 p.m. Recent Research and Report of National Task Force on Attorney Wellbeing
- 2017 survey conducted by American Bar Association and Hazelden Betty Ford Foundation.
- Incidence of mental health disorders reported among attorneys
- Clinical aspects of addiction and other mental health disorders
- Post-pandemic survey by DC and CA Bar (2023)
- Research findings on common aspects of the “lawyer’s brain”
- Common ethics rule violations resulting from untreated mental health disorders.
- Effective clinical interventions available.
- Role of stigma in perpetuating mental health disorders and foregoing treatment.
- How your state’s lawyer assistance program can help.
Speakers:
Niki Irish LISCW, Outreach and Education Coordinator, D.C. Bar Lawyer Assistance Program
Tom Gilbertsen, Co-Chair of FCBA Professional Responsibility Committee
2:00 – 3:00 p.m. Our Aging Legal Profession: Working with Benefits and Challenges
- Demographic trends and range of associated physical and psychological conditions
- Clinical diagnostic tools and available interventions for age-related impairments
- Employer/Employee rights and responsibilities under ADEA and other laws.
- what constitutes reasonable accommodation for age-related impairments
- Attorney discipline challenges presented by aging practitioners
- How your state’s lawyer assistance program can help.
Speakers:
Denise Perme LICSW, Associate Director, D.C. Bar Lawyer Assistance Program
Elizabeth Fisher, Co-Chair of FCBA Professional Responsibility Committee
The FCBA will apply for 2.0 hours of Ethics MCLE credit from the VA Bar. This program has not yet been approved.
If you have any issues, please contact Elina Gross at elina@fcba.org.