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Attorneys and Alcoholism: An Alternative Approach to a Serious Problem

NCJ Number
116396
Journal
Northern Kentucky Law Review Volume: 16 Issue: 1 Dated: (1988) Pages: 169-189
Author(s)
L B Dowell
Date Published
1988
Length
21 pages
Annotation
This discussion of alcoholism among attorneys focuses on existing approaches to dealing with alcoholism in the legal profession and suggests a systematic approach that attorney disciplinary boards or the court system can use.
Abstract
An estimated 50,000 of the nearly 10 million alcoholics in the United States are lawyers and judges, and alcoholism is the third leading cause of death in the United States. A high percentage of attorneys with disciplinary problems are alcoholic. The two basic approaches now being used to address attorney alcoholism are the court approach, which is used for attorneys with disciplinary problems, and the approach being used by various attorney-initiated self-help organizations. The ways these approaches are carried out depend on the result the court or the organization hopes to achieve. However, an alternative approach is recommended that would both protect the public from lawyer misconduct while recognizing that alcoholic attorneys can be rehabilitated and can practice their profession without endangering their clients. This approach rests on the view that alcoholism is a disease and that alcoholic attorneys need help to recognize that they have a problem and should solve the problem. It also entails confidentiality of communications with self-help groups and the granting of probation for alcoholic attorneys, so that they receive support during treatment and are allowed to practice their livelihoods. 99 footnotes.