Attorney Wellness Resources

Lawyers’ offices in movies and TV shows are often depicted with a shiny credenza on which a whiskey decanter and a couple of rocks glasses sit. While this may now be an antiquated image, Friday afternoon happy hours at the office or a breakroom refrigerator stocked with beer are not uncommon. But can lawyers actually drink on the job?

Depending on your firm culture, having a drink at work may be an accepted practice after hours. Or, it may be customary to celebrate a court victory with a bottle of champagne. If there is a special occasion and alcohol is consumed during business hours, the firm should have a policy in place that no work is permitted to be performed following alchohol intake. Other than these limited circumstances, lawyers should not drink during business hours. In fact, drinking during the work day may signal that lawyer has an alcohol use disorder. Consuming alcohol during the day can impair your judgment and affect your ability to represent your clients. What’s more, it could impact your ethical obligation to provide competent representation.

Without question, being a lawyer is stressful, and many attorneys turn to alcohol as a coping mechanism. What may start as a way to wind down after a long day can develop into alcoholism if you are unable to control how much, how often, and where you consume alcohol. If you find yourself drinking before work, at the office, or during lunch, you may consider seeking the many available resources for help. 

Alcohol abuse, also known as alcohol use disorder, or substance abuse, which includes other drugs in addition to alcohol, can affect a lawyer’s ability to practice law and can result in professional and personal issues. Some common behaviors that may indicate you have an alcohol use disorder or substance abuse problem include the following:

• Excessive drinking – Binge drinking in excess of what may be considered a moderate amount of alcohol on a frequent basis may indicate an alcohol use disorder.
• Neglecting your work – If you are missing deadlines and court appearances or failing to timely communicate with your clients, you may need to seek help.
• Developing a tolerance – If you require more alcohol or a drug to achieve a similar effect, you may be developing a tolerance or even experiencing withdrawal symptoms.
• Loss of interest – Losing interest in hobbies or activities that you once enjoyed or finding that you are irritable if alcohol isn’t available when you typically drink may signal a dependence.

Emergence of mental health issues – Excessive drinking and drug use can cause you to develop depression, anxiety, or other mental health issues.

A recent study revealed that over 36% of lawyers struggle with alcohol abuse. Lawyers in the same study reported that their problematic drinking began in the first fifteen years of their legal careers, including law school. Rest assured, if you are struggling with alcohol use disorder or a substance abuse problem, there are resources available to help, including your state LAP.

ABA Model Rule 8.3 governs reporting the professional misconduct of another lawyer. You should also review your jurisdiction’s Rules of Professional Conduct as many states have different rules concerning this obligation.

Model Rule 8.3(a) states:

A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority.

The ABA analyzed the duty to report the DUI of another attorney in the context of Model Rules 8.3 and 8.4. The ABA opined that “the fact that most courts are unwilling to discipline lawyers for a single misdemeanor DUI, without any aggravating factors, makes it unlikely that Model Rule 8.3(a) imposes a duty on a lawyer to report a fellow lawyer for such a violation.” However, always be sure to check your state case law and its related Rules of Professional Conduct. If you are looking for more information related to reporting another lawyer’s substance abuse, you can review additional guidance offered by the ABA here.  

Although lawyers can contact LAPs directly when they are ready to get help, LAPs are likewise excellent resources for law firms. According to the Hazelden Betty Ford Foundation, the success of occupation-specific treatment, in this case, for legal professionals, is well-documented. Specifically,  “[t]he success of LAPs in addressing specific professional concerns and providing safe and confidential environments for treatment-seeking further supports the need for programs tailored to the distinct needs of legal professionals.”  So, law firms may first seek help through their jurisdiction’s LAP. Firms should also look for local resources as they seek help for their lawyers. For example, the New York City Bar provides hybrid virtual/in person AA meetings for lawyers only. 

Every state has a Lawyer Assistance Program that provides support and resources to attorneys and judges struggling with substance use disorders and mental health issues on a confidential basis.

The ABA has compiled a list of every state’s LAP for ease of reference which can be accessed here. In addition to state resources, consider reaching out to your local bar associations for assistance. For example, the Orange County Bar Association has a Lawyer Well-Being Committee to assist California lawyers with physical, mental, and emotional health issues, including substance abuse. Likewise, the Chicago Bar Association offers Member Well-Being and Professional Development Coaching and a host of additional resources, in addition to Illinois’ LAP.