HIGHLIGHTS a Newsletter from the ABA

A Newsletter from The ABA Commission on Lawyer Assistance Programs

Highof the Americanlig Bar Association Commissionh on Lawyer Assistancets Programs

Vol. 13, No. 2 n SUMMER 2010 Helping Law Students

By Susan grover

awyer Assistance Programs (LAPs) are increasingly providing help to law students. LAP directors work with deans of students, student groups, and individuals to deliver a broad range of services. They coordinate support/discussion groups, provide training to law students, and counsel and refer individuals Lfor treatment. This expansion of services is probably a natural result of LAPs’ coming into their own, but also a function of a higher profile in student needs. Also, stigmas are beginning to drop away from mental health issues, allowing students to speak out, and savvy student services professionals and LAP directors are asking the right questions. Challenges confronting law students are increasing and increasingly visible. The same factors that exacerbate stresses in the legal profession exacerbate stresses in the academy: the job market has tightened, competition for scarce clients is increasing, and the realm of information that a lawyer must master in order to be a “legal expert” is burgeoning. Yet, anyone who has seen The Paper Chase knows that stress in law school is nothing new and entails factors unique to the academic situation. The law school experience is and always has been prone to cause student depression, anxiety, and alienation. Even faculty, whose high expectations are sometimes cited as a cause of law student stress, are recognizing the problem. There is actually a movement in legal education of professors and others who want to humanize legal education. I would like here to share with you some perspectives that students have shared with me on the reasons why law school interferes with their well-being. Those reasons fall

continued on page 8

The Last to Know

Anonymous

was the last to know. Like many people that I used drugs occasionally. However, addicts are very good at putting the blind- with alcohol or drug problems, every- this was not a problem because I worked ers on and going about their business as if one around me knew before I did. I forty hours a week, went to school, and everything is fine. I was no different. Some was great at seeing other people’s prob- had great grades. How could drugs be a folks figure it out for themselves. Others Ilems. In my hometown, I could tell you for problem to someone who was seemingly are forced to understand. Some people sure that Bill was a drunk. I could see that successful? I knew that my spouse went never get it. I was in the middle category. Bob had a drug problem. I knew beyond a out a lot without me. This seemed normal I have been sober for around three years shadow of a doubt that Ben was cheating on enough; I also went out a lot alone. What I now and I have no doubt that had I not his wife. I could easily see all the ills of the did not realize until later was that I was an been forced to confront my problems, they world around me, except my own. alcoholic, drugs had become a problem in would have gone on, unmasked. Luckily, Before law school, I knew that I drank my life, and my spouse was cheating on me. the Alabama Lawyer Assistance Program nearly every night. Yet, it did not dawn on Nobody wants to believe that they have (ALAP) helped me confront my issues. me that it might be a problem. I also knew a substance abuse problem. Alcoholics and Now, many people might ask, and have

continued on page 10 Published in Highlights, Volume 13, Number 2, Summer 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

937978_crx.indd 1 7/22/10 10:13:02 AM Highlights American Bar Association Highlights is a quarterly newsletter published by the Comments from the Editor American Bar Association Commission on Lawyer Assistance Programs (CoLAP) for the news and information exchange needs of the lawyer assistance There are many aspects of my work as a LAP director that provide me with much satisfac- programs community. tion. But the work that I like the best is the interaction I have with law students. In my pro- Editor in Chief gram, I have the privilege of making presentations to the law students at our two area law Hugh Grady schools. These include presentations at orientation, seminars, and the occasional invitation Publications Board Rick Allan, Kirsten Judd, Joseph L. Lemon, to present in an ethics class. Many other LAPs have the same opportunity and privilege. Jeanne Marie Leslie, Michael Long, and Nancy Stek CoLAP has been instrumental in providing LAPs with the necessary tools for entry into CoLAP Commission Roster, 2009–2010 law schools. I was able to use those tools to increase my presence and participations. It remains Hon. Robert L. Childers, CoLAP Chair, a principal mission of CoLAP to reach out to and help law students in any way we can. The [email protected] model Conditional Admission Rule written by CoLAP and adopted by the ABA is another Rick B. Allan, [email protected] invaluable asset for those graduating students who have experienced problems in the past. Joan Bibelhausen, [email protected] Hugh Grady, [email protected] This issue of Highlights focuses on law students. The pressures of competition and natural Susan Grover*, [email protected] desire to succeed are principle factors in students abusing alcohol and drugs at this early James O. Heiting, [email protected] stage in their lives. Depression, stress, and burnout are common among students. It’s im- George Harrison Hettrick, [email protected] perative that LAPs try and reach these students as early as possible through education and Jayne Mahboubi, [email protected] intervention when possible. The opportunity to “plant seeds” of awareness is priceless. The James E. Smith Jr., [email protected] Janet Piper Voss, [email protected] satisfaction of helping a student in difficulty is priceless. Liaisons Board of Governors —Hugh Grady, Iowa lawyers Assistance program Richard A. Soden, [email protected] Young Lawyers Division Franchesca Hamilton-Acker, [email protected] Law Student Brett E. Gallagher, [email protected] Chair’s Column CoLAP Advisory Committee, 2009–2010 Laura Gatrell, [email protected] Law Student Assistance Terry Harrell, [email protected] Carol M. Hoffman*, [email protected] By Honorable Robert L. “Butch” Childers Teresa D. Jones*, [email protected] William John Kane*, [email protected] Michael E. Larson, [email protected] Jeanne Marie Leslie, [email protected] Guy Quesnel*, [email protected] At the ABA the formation of the Law School Outreach Andrew J. Rothermel*, [email protected] Annual Meeting Committee. I had come across a copy of Judy Rushlow*, [email protected] in 2002 then- the report of the AALS Special Committee W. Terry Sherrill, [email protected] Commission on and after reviewing the report it occurred Gena Lewis Singleton, [email protected] Lawyer Assistance to me that CoLAP should be working to Nancy Stek, [email protected] Michael A. Stewart Sr.*, [email protected] Programs (CoLAP) address substance abuse and mental health Janis Thibault, [email protected] Chair John Clark issues of lawyers at the earliest possible *New members appointed me as the stage, and after discussion among the Staff Counsel of the ABA’s CoLAP chair of CoLAP’s commissioners, we decided that was in William Hornsby new Law School law school. Thus the creation of the Law ABA Publishing Outreach Commit- School Outreach Committee. Managing Editor tee. Later that year I met with then-ABA Because the Law School Outreach Angela Gwizdala Executive Director Bob Stein, who had Committee has continued to work to assist Graphic Designer previously been dean of the University of law students and to work with the law Elmarie Calungcaguin Minnesota Law School, to get his ideas and schools to assist law students, the committee suggestions for good people from the law has been transformed into an ongoing Law All reprint rights are reserved. American Bar Association ISSN Pending. © 2010 American Bar Association. For reprint permission contact Manager, schools to serve on this new committee. Bob School Assistance Committee. Although ABA Copyrights & Licensing, ABA Copyrights and Contracts Department, Fax: 312/988-6030, E-mail: [email protected], Online: www.abanet.org/reprint. was very helpful in suggesting the names of there have been many commissioners, Advertising: For advertising opportunities in Highlights, please contact several deans and law professors who were Advisory Committee members, LAP Advertising Business Manager, Anne Bitting at 312/988-6115. interested in our efforts to assist law stu- directors, and others who have done a Disclaimer: The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the dents who were affected by substance abuse tremendous amount of work for the com- American Bar Association or Commission on Lawyer Assistance Programs and mental health issues. It was actually mittee, I would like to thank a number unless adopted pursuant to the bylaws of the Association. Nothing contained herein is to be considered as the rendering of legal advice for specific cases, Bob Stein’s work as chair of the Associa- of people from outside the Commission and readers are responsible for obtaining such advice from their own legal counsel. These materials and any forms and agreements herein are intended tion of American Law Schools (AALS) who have been instrumental in the strides for educational and informational purposes only. Special Committee on Substance Abuse in we have made in assisting law students. the Law Schools that was the impetus for Without them we would not have been

continued on page 7 Published in Highlights, Volume 13, Number 2, Summer 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

937978_crx.indd 2 7/22/10 10:13:03 AM This article originally appeared in the September 2009 issue of In Sight, published by the Oregon Attorney Assistance Program. Reprinted with permission. Part I of this article was reprinted in the Spring 2010 issue of Highlights. Substance Abuse as a Family Disease Part II: The Family in Recovery

By Douglas S. Querin and Kathy B. Querin

hen an addicted family mem- Early Recovery The primary task of early recovery is for ber finally enters recovery, By the time the substance-abusing family each willing family member to individually the rest of the family often member first gets into recovery, the family heal from the past and develop the skills to breathes a collective sigh of has often existed in a state of denial about enhance his or her own well-being. Family relief.W For months or years, they have likely the addiction for some years. They have members now need to attend to their own experienced many emotional responses to the unwittingly created an illusion that all is individual growth––to become reacquainted chaos of substance abuse––anger, fear, embar- well, or at least tolerable, and that they are with themselves and their own needs. rassment, frustration, disappointment, and a functioning family, if not a particularly Without developing healthy self-care and helplessness. With the addict’s sobriety, the happy one. Family members have often ex- communication practices in the early stages family members sense that the nightmare is pended significant energy trying to ignore of recovery, family members will find it more over, the painful feelings are in the past, and the elephant in the room, when possible, difficult to address the inevitable recovery their loved one will rejoin the family as a fully and work around it when necessary. challenges they will face in the future. participating member. At long last, the family Individual therapy, 12-step or other can now return to normal. recovery support meetings, professional Such hopeful anticipation is common, association programs such as the Oregon but it fails to consider that family dysfunc- Families need Attorney Assistance Program, and the tion has become the norm during the extensive alcohol and addiction literature period of substance abuse. The void created to recognize available are among the vital resources by removing the problematic substance is that family members in the early recovery not automatically filled with healthy feel- process should look to for much needed ings and behaviors. Non-addicted spouses that recovery information and support. These resources and partners may continue to experience will aid the family in: lingering resentments, find it difficult to en- is a process, ■■ learning about and accepting gage in conversation, and feel uneasy about alcoholism and addiction as a reestablishing a close relationship with not an event. disease; their newly recovered family member. Chil- ■■ understanding the impact of dren may have found alternatives to home alcoholism and addiction on the as a place of safety, continue to suffer from Personal self-care is a frequent casualty family system; the previous absence of parental involve- of substance abuse for both the substance ■■ learning to accept responsibil- ment, or simply have grown up and lost the abuser and the family. Given the attention ity for one’s own actions and opportunity to experience the presence of a paid to the substance abuser, other family feelings; parent kept unengaged by substance abuse. members often ignore their own physical, ■■ developing a support network of Families need to recognize that recovery is social, and emotional needs. Attending others with similar experiences; a process, not an event. The family’s working to one’s self may seem to jeopardize the ■■ learning coping skills to address dynamics, previously skewed by substance person’s role as protector or may feel self- life issues without alcohol or abuse, will essentially need to be dismantled indulgent. Similarly, poor lifestyle practices drugs; and and reconstructed. Achieving sobriety is the by the substance abuser are often difficult ■■ learning to ask for help. first step––a courageous act to be regarded with habits to break. gratitude, respect, and acceptance of the addic- Healthy, effective communication also During the typical one- to two-year pe- tion as a disease. All family members who are usually suffers with substance abuse. During riod of early recovery, family members must willing to become involved must then commit early recovery, family members may find it each seek the personal knowledge, healthy to maintaining an ongoing recovery lifestyle, difficult to express their feelings or con- behaviors, and support system that will sus- which requires leaving behind old, unhealthy structively address normal tensions. Family tain them in the future stages of recovery. patterns of relating to each other. Recovery interaction, previously characterized by either requires respect for the interests and rights of strained silence or heated arguments and ac- Middle Recovery other family members, willingness to explore cusations, can be challenging. The threat of During early recovery, committed family new ways of interacting as a family unit, and relapse and a return to the chaos of the past is members focus their energies on their own communicating legitimate needs without fear an ever-present and often unspoken fear that personal growth, hopefully learning that of rejection or ridicule. Each family will experi- creates an uncertainty and tentativeness in they do not have the power to change oth- ence its own pace of recovery. how family members deal with each other. ers; it is only their own thoughts, feelings, Published in Highlights, Volume 13, Number 2, Summer 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

937978_crx.indd 3 7/22/10 10:13:03 AM and behaviors they can control. They learn The overarching goal of middle recovery patterns of communication, and new skills that recovery for the family begins with is for family members to progressively allowing for open discussion about hurts from recovery for the family members. Capi- integrate healthy change into each of their the past and hopes for the future. The tasks of talizing on these and other awarenesses, lives, building a foundation for change ongoing recovery include: the primary tasks of the middle stages of within the entire family system. There will, ■■ understanding and respecting recovery are: of course, continue to be periodic indi- the power of addiction; ■■ developing the ability to openly vidual and family tensions and disruptions, ■■ recognizing individual and fam- discuss past hurts and griev- some related to recovery and some not. ily recovery as a lifelong process; ances; Using the new tools and skills acquired, ■■ appreciating the need to focus ■■ developing a willingness and families in recovery will be able to meet on one’s own recovery, rather ability to share concerns and and manage life’s challenges without than that of others; fears about recovery; reverting to old unhealthy behaviors and ■■ having the courage and willing- ■■ learning to recognize and unproductive emotional responses. ness to let go of resentments; and respectfully communicate indi- ■■ maintaining a consistent vidual needs; Ongoing Recovery commitment to physical and ■■ developing sensitivity to the im- Following the middle stage of recovery, the emotional self-care. pact of one’s actions on others; family will likely have established a reasonably ■■ learning to respect the recovery stable environment in which ongoing recovery When families commit to recovery and needs of other family members; is the norm. Family members individually fully engage in the ongoing process, they ■■ developing a positive vision of a and collectively will by now hopefully view are richly rewarded with an enhanced life in recovery; and themselves as genuinely in recovery. They are health and vitality that allows them to ■■ continuing to develop resources that creating a new legacy of sobriety and family experience a new beginning and ultimately support willing family members. recovery that includes new relationships, new the successful restoration of their family.

Additional Notes about Recovery One of the greatest challenges for families in recovery is to avoid the temptation to calendar of events blame all problems on the addicted family member; the inclination is to believe that once he or she is sober, these problems will 2010 suddenly vanish. Rarely is this the case. AUG ABA Annual Meeting Removing the addictive substance alone coLAP Business and Committee Meetings 06-08 will not magically correct the dysfunctional The Palace Hotel San Francisco, California behavior patterns of either the addict or the family. Recovery requires the commit- OCT 2010 National Conference for Lawyer Assistance ment and involvement of each of those 05–08 Programs within the family willing to participate. Hyatt Regency Indianapolis The principles of recovery apply regard- Indianapolis, Indiana less of the participation of the addict. If the substance-abusing family member refuses to OCT ilaa Annual Meeting, Indianapolis, Indiana 08–10 Hyatt Regency Indianapolis abstain from using, the other family mem- Indianapolis, Indiana bers can nevertheless move forward in their www.ilaa.org individual recovery efforts. Therapy, sup- 2011 port groups (e.g., Al-Anon), and relevant literature are available resources and need ABA Midyear Meeting FEB to be accessed. To the extent possible, fami- 09–15 coLAP Business and Committee Meetings Atlanta, Georgia ly members should establish explicit bound- aries and rules making clear what behaviors AUG ABA Annual Meeting will and will not be tolerated from the non- 05–08 coLAP Business and Committee Meetings recovering addict. These actions should be Toronto, Ontario taken not as retaliation, but instead as the family’s legitimate concern for the health SEP / 2011 National Conference for Lawyer and well-being of its members. H OCT Assistance Programs Tampa, Florida Douglas S.Querin is attorney counselor for the Oregon Attorney Assistance Program. SEP / ilaa Annual Meeting OCT Tampa, Florida Kathy B. Querin is a Portland therapist in www.ilaa.org private practice, specializing in helping couples and individuals affected by another’s drug or alcohol use.

Published in Highlights, Volume 13, Number 2, Summer 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

4 n Summer 2010 n Highlights 937978_crx.indd 4 7/22/10 10:13:04 AM Lawyers, Anger and Anxiety Dealing with the Stresses of the Legal Profession Rebecca Nerison, Ph.D

Bring a lawyer is stressful—finding a job, getting new clients, billing your hours, exacting bosses, and demanding clients can all help create a relentless drain on your internal resources. Coupled with the perfectionism and competitiveness so common in lawyers, the resulting stress, anger, and anxiety can produce devastating physical and mental distress.

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Lawyers, Anger and Anxiety will help you stay calm, develop healthy coping habits, eschew negative thinking, increase your social support, maintain your physical health, accept what is, and laugh more often.

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American Bar Association

www.ababooks.org Publication Orders Phone: 1-800-285-2221 P.O. Box 10892 Fax: 1-312-988-5568 Chicago, IL 60610 Published in Highlights, Volume 13, Number 2, Summer 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

937978_crx.indd 5 7/22/10 10:13:05 AM Kansas LCL is wrapping up its biannual educa- The Kansas Lawyers Assistance Program tion of the members of the minor judiciary Around (KALAP) kicked off 2010 with our first (which is generating calls to the Helpline ever CLE/Volunteer Training Conference and is building a fledgling base of minor and it was a huge success. With several judges/volunteers); LCL is in full swing with the speakers, a panel of attorneys, and over 45 its regular statewide CLE programs; and attendees, KALAP is already looking for- has tied into a CLE provider specializing in ward to the 2nd annual conference in 2011. newly admitted lawyers in the Philadelphia LAPs April and May were hectic months here area. By the time you read this, LCL’s annual at KALAP with bar applicants coming in law school retreat for the deans of students weekly. As our relationship grows with the will have been held. This is the one time Kansas Board of Law Examiners, we antici- each year the deans get together with staff Want to share news pate helping many more law students each of the Board of Law Examiners to discuss application period. We are continually concerns, trends, and solutions regarding about your LAP? working to build relationships within the character and fitness issues. Send your submissions for the Kansas law schools with the goal of becom- The number of new Helpline cases summer edition of Around the LAPs ing a part of the law school curriculum. for 2010 is 82 (January to April), a 6.5 The Resiliency Support Group in Kan- percent increase over 2009. All of our cases to Hugh Grady, [email protected], sas City continues to grow with the latest involve voluntary calls to the Helpline by August 13, 2010. attendance being the best ever, thanks to made by either an ill judge or lawyer, or by attorneys spreading the word of hope. It a concerned colleague or family member. meets twice a month and is facilitated by a (The Pennsylvania Bar Association’s psychologist who is also an attorney. Lawyers’ Assistance Committee continues The KALAP board has now opened a to manage the court ordered and voluntary California position on the board for a law student. sobriety monitor program.)—Kenneth J. In a response to current economic and We look forward to a student’s input and Hagreen employment challenges, the California insight for our organization’s growth and LAP was pleased to cosponsor (along with anticipate announcing the new student Practising Law Institute in San Francisco) a board member soon.—Brynn Mroz three-hour presentation on April 30, 2010, by Hindi Greenberg entitled “300 Things Ohio You Can Do with a Law Degree.” This free On April 24, 2010, the Ohio Lawyers As- seminar was delivered to the 75 attorneys sistance Program (OLAP) held its annual present as well as more than 500 nation- seminar in Columbus. We had 75 judges, wide who logged on to a simulcast of the lawyers, and law students present. Topics presentation. Hundreds more have viewed included ethics, professionalism, substance it on an archived tape. A similar work- abuse, and handling stress. shop called “Key Strategies to Take Your On May 5, 2010, at the Ohio State Bar WANT TO LEARN Career to the Next Level” began on May Association’s annual meeting in Dayton, MORE ABOUT 19 and ran for four consecutive Wednesday Scott R. Mote was presented the annual evenings in Los Angeles. These workshops Eugene R. Weir Award for Ethics and THE COMMISSION augment the two hours of free one-on-one Professionalism.—Scott R. Mote career consultation that is available to ON California attorneys through our program. Pennsylvania At this time there is a tremendous demand Lawyers Concerned for Lawyers of Pennsyl- LAWYER in California for legal career transition- vania (LCL) held its 7th Annual Volunteer related information and guidance. Conference. One hundred and five judges ASSISTANCE We also recently conducted an orienta- and lawyers in recovery from addiction and tion and training session for attorneys in mental illness gathered for a weekend of PROGRAMS? recovery who have been recruited to be networking and education (7.5 CLE cred- peer counselors for participants in our Sup- its). This year’s focus was on the underlying port LAP component. The peer counselors commonalities of our diverse illnesses so VISIT will be assigned to work with individual as to unify our volunteer base. It included www.abanet.org/ participants, will work in conjunction with talks on the science of illness and recovery, our case management team, and they will personal stories, the ADA, treatment law colap augment the support that our participants and health insurance update, and practi- receive from attending LAP group once a cal tips for the lawyer and law firm dealing week.—Richard Carlton with the newly recovering.

937978_crx.indd 6 7/22/10 10:13:05 AM Law Student Outreach Update

LAP directors often experience firsthand the difficulty encountered when trying to get a law student treatment for an addiction or mental health problem. The major ob- stacle is almost always a financial one. At this point of their lives most law students are borrowing, spending, and studying to survive. Earning money is something they plan to do later. At the 2009 CoLAP National Conference in Phoenix, a program to assist law students in need of treatment was initiated by our treatment program exhibitors. This program hopes to provide scholarships for law students in need of treatment but who are not able to financially afford it. Mike Stewart from Bradford Health Services offered to donate a treatment stay for one law student in need of help and went on to challenge other treatment programs to do the same. The following treatment programs For Students in Recovery already have committed to helping LAPS with their mission in reaching out to assist law students in need. The Students in Recovery Listserv has been developed by the ■■ ABA Commission on Lawyer Assistance Programs (CoLAP) to Bradford Health Services provide a confidential e-mail vehicle for law students who want ■■ Spirit Lodge and The Right Step to get, or stay, clean and sober while in law school. This is a ■■ Keystone Treatment Center chance for students to connect with and ask questions of their ■■ Skyland Ranch law student peers throughout the United States and share their ■■ Palmetto Addiction Recovery Center experience, strength, and hope. If you wish to be added to the listserv, interested law students should contact Matthew Reel, A law student treatment scholarship can save a life for someone and help change directly at [email protected]. Students should be prepared to talk a bit about their history and about their need and desire to the lives of many others. We extend our deepest gratitude to all of our exhibitors who communicate with other law students facing similar challenges. have signed up to help with this project and look forward to hearing from the treatment Mr. Reel will make the final determination to add the student centers not yet signed on. For more information about how your treatment center can to the Listserv and will provide each student with the rules and get involved, contact Jeanne Marie Leslie, Alabama’s LAP director, at jeannemarie. regulations regarding use of the “Students in Recovery Listserv.” [email protected]. H When a student graduates and is admitted to the bar, he/she will be removed from the Listserv. This service is confidential.

Chair’s Column in assisting me in working with the ABA will have a lasting, positive impact. Section on Legal Education and Admis- The current Law School Assistance Continued from page 2 sions to the Bar, which became our partner, Committee Chair is CoLAP Commis- along with the National Conference of Bar sioner, Dean Gena Singleton. Under Dean Examiners (NCBE), in drafting the Model Singleton’s able leadership, the commit- Rule on Conditional Admission to Practice tee continues to assist the law schools to nearly as successful as we have been with Law, which was passed in its final version educate and offer assistance to law students our efforts. by the ABA House of Delegates in August affected by substance abuse, mental health, Dean Don Polden, who was then dean 2009. And NCBE president, Erica Moeser, or other issues that impair a law student’s at the University of Memphis Law School, became and remains a close working part- performance. The committee has worked was responsible for arranging my meeting ner in the efforts to assist law students and with the ABA Law Student Division to cre- with Bob Stein while Bob was in Mem- bar applicants. ate a Law Student Toolkit for Mental Health, phis. I later asked Dean Polden to serve as And finally, I want to say a special and to create programs that promote student a member of the committee. Dean Judith thanks to Jerome Hafter, the NCBE awareness regarding mental health and Wegner provided invaluable assistance representative; Dean Peter Winograd, the substance abuse issues. The committee has as facilitator of the initial meeting of the Legal Education and Admissions to the Bar created a confidential law student in recov- committee in February 2003. Dean Laura representative; and Judith Rush, the Co- ery listserv and is also working to develop a Rothstein and Dean Hannah Arterian pro- LAP representative, who were the drafting network of law student assistance programs vided valuable insights to the committee. committee for the Model Rule. These three that can develop a relationship with the Dean Leary Davis, Professor Larry Krieger, did a superb job of drafting a model rule LAP within each state. and Dr. Andrew Benjamin made important that contains best practices gleaned from The work of the Law School Assistance contributions, including putting together reviewing rules from the nineteen jurisdic- Committee is but one example of how the bibliography to be included in the tions that had a conditional admission. much can be accomplished to improve the Law School Toolkit that was provided to all We owe all of the above and many others legal profession when a group of dedicated ABA-accredited law schools in the coun- whom I have not named a debt of gratitude people work together for a common pur- try. Dean Steven Smith of the California for the many hours spent working to assist pose. I extend my heartfelt thanks to all of Western School of Law was most helpful current and future law students. This work you for your hard work and dedication. H

937978_crx.indd 7 7/22/10 10:13:06 AM Helping Law Students academic superiority. They no longer are be mediocre grades in the first semester. Part Continued from page 1 the cream of the crop. of the stress then comes from uncertainty You might think that students should be and a sense of powerlessness. In addition, able to take this in stride, and ultimately there is an important, often destructive, most do, but consider just how difficult this trade-off that follows on the heels of a into three overlapping categories: students’ is for them. Precisely because law students student’s decision to try harder. If a student sense of disappointment in themselves and le- have enjoyed such success as undergradu- is already working at capacity and decides gal education; the loss of perspective that can ates, they have learned to get their sense to try harder, something must give. What accompany law study; and for some students, of self worth from academic success. These will it be? Friends, family, church, video whom I call “outsiders,” a sense of disenfran- students have elevated academic success to games, the gym, partying? As you can chisement resulting from feeling marginalized a central, defining aspiration in their lives, imagine, what gives is often something that by the legal academy mainstream. and the grade disappointment truly rocks turns out to be essential to the student’s some foundations in the first-year class. well-being. Disappointment Only the top ten percent of the class is If it has not already gone by the wayside, Very early in law school many students likely to remain unshaken. taking time for contemplation, for medita- become profoundly disappointed in tion, reflection, or prayer is likely to bite themselves and the law school experience. the dust at this juncture. A student who Students report a range of disappointing gives up time to meditate or pray may lose discoveries about the study of law: touch with the spiritual aspect of herself. ■■ The law does not always Challenges Some people argue that abuse of alcohol achieve justice. and drugs are misguided efforts to regain a ■■ Lawyers (and law students and confronting law spiritual connection. Perhaps this explains professors) seem not always reports that law students and lawyers abuse to care about law’s failure to students are alcohol at rates far greater than their peers achieve justice. in other professions. ■■ The individual law student’s increasing and In any event, the student loses spiritual sensibilities, talents, and pro- connection exactly when confronting chal- clivities may be irrelevant to increasingly lenges to the student’s own sense of worth. the solution of legal problems. From the student’s perspective, faculty, law ■■ The context of legal problems reviews, and prospective employers all seem often seems to be treated as if visible. to care only about the student’s grades. completely irrelevant to the Because rewards and recognition seem to manner in which the problems hinge entirely on academic performance, get solved. Ultimately, the disappointed student measured solely by grades, students who are ■■ Law students often feel as must reassess and decide how to live as a disappointed in their grades report feeling though they are memorizing law student––or not. Student responses worthless. Those traits of intellect, humor, boring rules and principles out fall on a continuum, ranging from deciding compassion, energy, spirituality, creativity, of context. to work even harder (if that is possible) athletic prowess, determination, and good ■■ Law classes can seem more an to giving up (becoming cynical and just humor that have won the student accolades exercise in student intimidation waiting for law school to end). Of course a throughout life up to this moment now than in intellectual exploration. few students drop out, but there are incen- seem to count for nothing. tives to stay. Already in the first year, most Many students also report losing Yet, the disappointment in what law students are encumbered by loan debt that perspective on WHY they came to law school and the law turned out to be is they see as much easier to resolve from a school. Students come for many reasons: nothing compared to the disappointment high-paid legal position than from employ- the excitement of joining the profession, to some students express about themselves as ment as a law school dropout. The average serve humankind, or to meet the intellec- law students. loan debt upon graduation these days is tual challenge. But they often encounter Law schools are selective––entering above $80,000. what they variously describe as a culture of students have, by definition, outperformed materialism, cynicism, cut-throat competi- their fellow undergraduate students, which Loss of Perspective tion, and heartlessness. A student who has is what gains them admission to law The student who increases the focus on thrived academically his whole life and has school. When they get their first law school achieving grades faces increasing stress and come to law school to use his gifts to benefit grades, they realize that the party is over. anxiety. For one thing, the grading process society begins to see himself as just one of A mandatory curve turns almost everyone is mystifying to students, so increasing many students jockeying for position in the into a B student or worse. Students feel as the effort to “win the grade lottery” is like class in order to obtain a plum job at a high though they have fallen from an elite cadre target-shooting while wearing a blindfold. paying corporate firm. Perspective is lost. of high achievers to, at best, members of The student who developed a strategy a middle class who must strive constantly for mastering the undergraduate grading Marginalizing the Disenfranchised to do better. Thus, one of the first things system now finds that strategy ineffective— Virtually all law students who lose the law students do is relinquish their sense of evidenced by what the student considers to grade lottery describe suffering some ill Published in Highlights, Volume 13, Number 2, Summer 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

937978_crx.indd 8 7/22/10 10:13:06 AM effects, but a subset of these students war- that everyone owns a “stock the keen competition for grades, students rants special mention. When the disap- portfolio,” knows what one is, may find law school an alienating experi- pointed law student happens to be an and how it works. ence indeed. For the already marginalized individual who already feels outside the ■■ The professor welcomes every- student, that alienation is likely to be wors- mainstream, the damage multiplies. This one back from spring break by ened by a sense of invisibility or disrespect. is the student who is a member of a racial saying that he hopes they all LAPs can be helpful to students who minority group or a person with a disability, had a chance to work on their experience the disappointment, distor- a foreign national or an LGBT individual, or tans—even though three stu- tion, and marginalization described above. someone from an economically or educa- dents in the class are black. Because they are independent of the law tionally disadvantaged background. Students ■■ Students in the class make school, LAP personnel can be aware of the who perceive themselves to be at the fringes statements that assume that distortions in perception that law schools when they enter law school, report feeling everyone is Christian, white, spawn––distortions that can easily afflict even more marginalized when they experi- affluent, and so on. law school personnel as well as students. ence grade disappointment. Notably, these ■■ The professor assumes that no LAPs can bring a perspective of realism to folks often bring some extra strength or one in the class has relatives the student––helping the student see that experience that allows them to withstand who have been incarcerated. it is only within the very narrow confines the disappointments of the first year. The ■■ A faculty member assumes that of the law school that the student is net effect, though, is that outsider students no one in the class has been “failing”—that in the larger scheme of may feel even less a part of the law school raped (one in four college-aged things, the student is a thriving success. when they find that they are not at the top women has been raped or has With a perspective from outside the institu- of the class. Some outsider students believe been a victim of attempted rape). tion, LAP personnel can serve as sounding that the “insiders” (majority students and boards for students who feel marginalized the faculty), are unaware of the experiences When the conversation goes forward as within the institution and can offer real- of these outsiders in their midst. Outsider if these people were not present, it further world encouragement to students within the students report that the majority erroneously alienates this subgroup of people who al- rarified atmosphere of legal education. H assumes homogeneity, and this assumption ready feel marginalized upon their arrival at exacerbates their sense of marginalization. law school. Between grade disappointment, Susan grover is an associate professor Examples that have been shared with me: professors hiding the ball, fellow students of law at the College of William and Mary in ■■ The conversation in class assumes deliberately psyching out classmates, and Williamsburg, Virginia.

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HighlightS n Summer 2010 n 9 937978_crx.indd 9 7/22/10 10:13:07 AM The Last to Know had a 4.0 average for one hundred hours of the meeting, I relayed all the informa- Continued from page 1 classes. However, I believed that because I tion I have given you here today. I did was doing so well, I deserved to be reward- not lie, although I am sure I underplayed, ed appropriately. The only way I knew how embellished, and hid the ball a bit. ALAP to reward myself was by partying and being advised me that should I stay out of trouble, asked, how can the bar interfering in your in college again provided many opportu- I would not be categorically excluded from personal life be a good thing? In many nities to do just that. After re-enrolling, sitting for the bar simply because of a few instances, this skepticism may be well I was soon going out again. Hitting bars, past youthful indiscretions. I was relieved. founded. However, in the realm of sub- parties, and any and every other occasion To celebrate, I got drunk. stance abuse, it is the bar’s duty to inter- that provided the opportunity to get my Soon, I entered law school. To my dis- vene. Obviously, it has a duty to protect the head spun. Cooking chili tonight? I’ll need torted mind, a new place with new people public from lawyers with substance abuse a twelve pack for that. Walking the dog? meant new parties! Law school life started issues that may affect the quality of legal Better get stoned first. Every chance I had, out the same way as undergrad. Everyone services provided in this state. Likewise, I was getting drunk. But that’s okay. I was went out to blow off steam and I was right the bar also has the duty to ensure that its there with them. Soon though, I found members get help if it is needed. ALAP myself in the back of a police car again. delivers this help. I knew, this time, that my life was over. I Instances of substance abuse arise in would be kicked out of school, excluded our profession more so than any other. Alcoholics from my chosen profession, and humiliated Life itself is stressful. Law school is taxing. back home. Death seemed like an appeal- Being a lawyer is demanding. For me, the and addicts are ing alternative. I had hit rock bottom. problems were present prior to law school. I Before dropping out of school to spare began drinking in high school. Soon there- very good at myself the humiliation of being kicked out, after, I began smoking pot. It wasn’t long a friend convinced me to go talk to the until I tried other substances. When I was putting the folks at ALAP one more time. I took this twenty-one, I thought it was all about hav- sage advice and set up a meeting. There, ing fun. Life was one big party. I even joked blinders on and an adviser informed me of my options and that I was an epicurean. This philosophy, talked me back from the ledge. Life was similarly to hedonism, teaches simply to going about not over, only the lifestyle that I had been seek pleasure and avoid pain. I lived by this living. I was told that if I still wanted to mantra for nearly ten years. be a lawyer, I had to get sober. I signed a Inevitably, this lifestyle led to the their business contract and began down a straighter path. occasional encounter with law enforce- I stopped drinking and using. I began going ment. I was arrested twice before the age as if everything to AA meetings and making some real of twenty-two. The common denominator changes in how I lived. I started meeting in these two incidents was alcohol. Luck- is fine. and talking with older lawyers who had ily, neither instance landed me in prison. been down the same path as me. Unfortunately, though, neither incident Life soon became more manageable. provided the sufficient evidence needed a straight A student. I worked full time. I This was not because of some magical pill for the recognition of my problems. In my deserved it. Again, I believed that it was all or providence. Life changed because of the mind, both arrests were simply the result in the name of fun. work I was putting into my sobriety. It was of “having just a little fun.” After two ar- Little did I know that there were deeper not and is not easy. I began doing better in rests, I still did not think I had a problem. issues at play. I did not realize, at this point, school and in life. I finished school in the I did settle down a bit. I quit using drugs what I was doing to myself. Okay, maybe I top 20 percent of my class. I excelled in for a while. I reigned in my drinking and realized it, but I nevertheless forced myself advocacy competitions. I have been pub- partying. I had failed out of college, so I not to believe that it was anything with lished. Awards have come and others were got a job. I got married and had a child. which to concern myself. I refused to see just beyond reach. Sobriety paved the way We bought cars, a house, and insurance. what everyone around me saw. I declined for these achievements. I paid my taxes. Life was going on and I to believe that I had a problem. I turned off For me, this transformation would not thought I had grown up. On the surface, the little voice in my head that told me my have been possible had it not been for everything was fine. life was in shambles. I rebuffed friends and ALAP. As I said before, some people get so- Then I found out that my spouse had family who showed concern. I went on like ber on their own. But others need help, and been having an affair. A divorce quickly this for a few years. I needed help. ALAP and other Lawyer followed and my family was gone. I decided When I enrolled in law school, my past Assistance Programs are not the boogie- that my life needed a change. I enrolled in raised some concern that I may not be fit man waiting for you in the dark shadows of college again and began taking classes with to practice law even if I made it through the night. They are there to help. They are the goal of going to law school. I paid my law school and passed the bar. The school there to help those with substance abuse own way, still working full time. College I wanted to attend asked me to speak with problems and help them see what everyone was different this time around. Focused and ALAP prior to enrolling. I took their else already does. That is what they did for with a goal in mind, I excelled in school. I advice and went in for a meeting. During me. For that, I am grateful. H Published in Highlights, Volume 13, Number 2, Summer 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

937978_crx.indd 10 7/22/10 10:13:07 AM Published in Highlights, Volume 13, Number 2, Summer 2010. © 2010 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

937978_crx.indd 11 7/22/10 10:13:09 AM Highlights Vol. 13, No. 2 n SUMMER 2010

Commission on Lawyer Assistance Programs

American Bar Association 321 North Clark Street Chicago, IL 60654-7598 www.abanet.org/colap

Highlights Vol. 13, No. 2 n SUMMER 2010

IN THIS ISSUE Substance Abuse as a Family Disease Helping Law Students 3 part II: The Family in Recovery 1 Susan grover douglas S. Querin and Kathy B. Querin the Last to Know calendar of Events 1 aNonymous 4 comments from the Editor around the LAPs 2 Hugh Grady 6 chair’s Column law Student Outreach Update 2 Honorable Robert L. “Butch” Childers 7

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