The State Bar Association of North Dakota Spring 2014 Gavel Magazine | Page 7

LAWYER ASSISTANCE PROGRAM GROWS OVER PAST DECADE To learn more about the Lawyer Assistance Programs, email [email protected] or go to www.sband.org. A program to assist members of the North Dakota Bar Association has been reaching out to colleagues for the past decade. The North Dakota Lawyer Assistance Program (LAP) was created in 2004 by Supreme Court Administrative Rule 49 “to prevent and alleviate problems that adversely affect a lawyer’s performance.” Diane Wehrman, a Bismarck lawyer who is one of six members on the LAP Committee, says that while the program has grown, its original purpose has remained. “We are a resource for attorneys who are struggling. Whatever the issue, the committee can provide referrals and support.” She says there are some misconceptions about the program. “One of them is that this is part of the disciplinary process, which it isn’t,” she says. “We can be a diversion from discipline under some circumstances, but our program includes many more components.” The program is a resource for lawyers struggling with addiction or mental health issues, and offers support to lawyers with issues such as practice management. “It is hard for lawyers to reach out for help, but more and more are doing it.” Wehrman says the program stresses confidentiality. “Nothing the attorney participant shares with the committee or with a peer assistance mentor can be disclosed to outside parties without the attorney’s consent.” Under Supreme Court Administrative Rule 49, the only exception to the confidentiality of the program is when disclosure of information may be “necessary to prevent the commission of an act that is believed to result in imminent death or imminent substantial bodily harm.” In addition to the members on the LAP, another 60 lawyers have attended training to become peer assistance mentors. The committee meets monthly and addresses some eight to 15 cases a month. “Some are casual referrals, while others require a more formal assistance plan.” “The top two issues for which we provide assistance are depression and addiction,” Wehrman says, “however we see other issues, like anxiety and ADHD having an impact on a lawyer’s personal and professional life.” Practice management issues are a reason for anxiety, and Wehrman says the committee can work with lawyers who are overwhelmed or drowning in stress. “We can help with an audit of a practice, suggest business consultants or assign an attorney mentor. We create a unique assistance plan for every participant to provide the attorney with the right support and resources.” Wehrman says this year the program is expanding to provide services for University of North Dakota law students. “They may have concerns about reporting something from their past on their bar application or are struggling with a mental health or addiction issue. We want to provide them with support as students so they can be successful in practice.” Also available for North Dakota members of the State Bar is the Member Assistance Program, which provides counseling services to attorneys and their immediate family members. “Using the counseling offered by Member Assistance may be a component of a participant’s plan or it may be the only service necessary. When the situation warrants it, we refer attorneys to seek professional counselors through Member Assistance.” In addition to Wehrman, other attorney members of the LAP are John Olson, Bismarck, chair; Nicholas Hall, Grafton; and Robin Huseby, Valley City. The other members are Michelle Gayette of Bismarck, a licensed addiction counselor, and Agnes Harrington of Fargo, who also works with a similar program for pharmacists. Two of the founding members of the LAP continue to offer their services as advisory members. They are Leslie Bakken Oliver of Bismarck and David Bossart of Fargo. Lawyers who would like help can email the committee at: [email protected] or fill out a referral form at www. sband.org. Other lawyers can also refer a colleague who they believe could benefit from the program. SPRING 2014 7