though useful and accurate – depend on either good communication by the one suffering , or astute observational skills on the part of the concerned onlooker . There are , however , lawyer-specific signals :
• Unreturned phone calls to clients or opposing counsel ;
• Unavailable when clients or opposing counsel attempt contact ;
• Voicemail full ;
• Not following through in delivering work product requested and promised ;
• Disappearing or vanishing for periods of time ;
• Missed deadline and / or court appearances ;
• High absenteeism ;
• Phones disconnected ;
• Office vacated / closed . 10 A frequent combination of these signs should cause concern .
If you believe or know that another attorney has a mental health issue , you may have to react . Your colleagues ’ mental health presents an ethical hazard to you . If you supervise others , you “ shall make reasonable efforts to ensure that the other lawyer conforms to the Georgia Rules of Professional Conduct .” 11 You are responsible for
or worthlessness , depressed mood , poor self-esteem or guilt .” https ://
www . gabar . org / committeesprogramssections / programs / lap / suicide _ awareness . cfm visited on February 17 , 2017 . 10 Recognizing , Helping and Reporting Lawyers with Mental Health Impairments , Montana Lawyer Assistance Program ; http :// publicdefender . mt . gov / training % 5 C09 % 5C % 5Cimpairment % 5Cmikela rsonsami . pdf Last visited on February 15 , 2017 . 11 Rule 5.1 ( b ). an attorney ’ s actions if you “ know [] of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action .” 12
If you do not work with the attorney , but have a concern , you can address the issue directly . If you do not believe you can do that , you can call the Lawyer Assistance Program (“ LAP ”) which assures that qualified people will reach out to the attorney . Your contact with the LAP is confidential . 13
Opposing counsel ’ s impairment is also a challenge . When evaluating opposing counsel ’ s mental health problems , 14 you should distinguish between suspicion and knowledge of a problem . If you suspect an opponent ’ s mental health issue , there is no duty to report that attorney to the bar , but , reporting to the LAP is encouraged . If the opposing attorney appears “ clearly incompetent in violation of Rule 1.1 ,” then reporting is likely mandatory .
Your mental health is most important of all . If you see the signs discussed above in yourself ; have those feelings of despair , hopelessness , etc .; or act in a way that does not meet professional and ethical standards , you must react . Because that sort of self-awareness is rarely present , these issues will be brought to your attention by family members , friends , colleagues , judges or others in your life . If those conversations become a pattern , it is time to act . At minimum , you should
12 Rule 5.1 ( b ). 13 Rule 7-303 . 14 State Bar of North Carolina , 2003 Formal Ethics Opinion 2 . reach out to the LAP or a mental health professional . You will receive counselling ; medication may be prescribed . Either way , you have taken steps to get and stay healthy .
Lawyers with mental health issues present dangers both to themselves and their clients . The rules provide guidance as to when we should or must act . The LAP provides a safe place to report , but sometimes a report to the bar is required . Protect your own mental health by listening to others and being self-aware ; and seeking help if the signs call for it . ▪
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The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 11