Note: This activity has now expired. However if you wish to obtain MCLE credit for the prevention of substance abuse in the legal profession, you may take the lesson "An Attorney's Struggle With Methamphetamines" available at the link above.

This activity was approved by the State Bar of California on November 2, 2009 for the period October 25, 2009 to October 24, 2011.

The State Bar of California provider number of Substance Abuse CLE is 15199.

ALCOHOL ABUSE AND ADDICTION IN THE LEGAL PROFESSION:
A CASE STUDY OF DISBARMENT AND APPLICATION FOR REINSTATEMENT TO THE BAR

I. Introduction

The practice of law can be a very stressful and demanding profession. So it may come as no surprise for many to learn that lawyers have traditionally suffered higher rates of alcohol abuse and alcoholism than the general public. In 1991, studies showed that lawyers had twice the rate of addiction to alcohol than the general population. In 2000, it was estimated that 15 to 17 percent of California attorneys were alcoholics, or about one out of every six attorneys. In comparison, nearly 14 million Americans, or one in every 13 adults, abuse alcohol or are alcoholic.¹ These statistics are concerning, because alcohol abuse can interfere with an attorney’s professional duties.

A. Professional Rules of Conduct

Rule 3-110 of the California Rules of Professional Conduct (Failing to Act Competently) prohibits an attorney from intentionally, recklessly, or repeatedly failing to perform legal services with competence. Substance abuse can lead to violations of Rule 3-110, and result in an attorney's suspension or disbarment. In 2005, the California Bar Journal reported that 42 percent of the State Bar Court’s active caseload involved attorneys with chemical dependency or mental health issues. ² The California State Bar requires that practicing attorneys be made aware of this problem.

B. MCLE Requirement

In California, attorneys must satisfy 25 hours of continuing legal education every three years. One of those hours must be on the subject of the detection and prevention of substance abuse. This article concerns the drug of alcohol, but there are cases of lawyers and judges abusing other substances, such as methamphetamines, cocaine, heroin, marijuana and prescription drugs.³

Alcohol abuse and addiction is the number one problem for the legal profession, and therefore, the focus of this article.

II. Quick Facts About Alcohol and Your Health

Ethanol is the alcohol that is in beer, wine, and liquor. Ethanol is used in medicines, colognes, cleaning solutions and even car fuel. It is a clear, colorless liquid that comes from fermenting things like fruit, corn, grain and sugar cane. Ethanol is toxic, and when it is consumed, the liver must break it down to avoid damage to cells and organs.

Even though it is reported that regular light to moderate drinking can be good for the heart, the harm associated with heavy or at-risk drinking outweighs those potential health benefits.⁴ Heavy drinking can actually increase the risk of heart failure, stroke, and high blood pressure, as well as cause many other medical problems, such as cirrhosis of the liver. Heavy alcohol use can also lead to sleep disorders, depression, stroke, bleeding from the stomach, sexually transmitted infections from unsafe sex, and several types of cancer. Heavy drinkers may have problems managing diabetes, high blood pressure, and other conditions.⁵ Alcoholism, or alcohol dependence, is a medical condition that doctors can diagnose when a patient’s drinking causes distress or harm.

Even in the short term, heavy drinking increases your chances of being injured or possibly killed. Alcohol is a factor in about 60% of fatal burn injuries, drownings, and homicides; 50% of severe trauma injuries and sexual assaults; and 40% of fatal motor vehicle crashes, suicides, and fatal falls.⁶

Drinking during pregnancy can cause brain damage and other serious problems in the fetus. Because it is not yet known whether any amount of alcohol is safe for a developing baby, women who are pregnant or may become pregnant should not drink.

The National Institute of Alcohol and Alcoholism does not advise nondrinkers to begin drinking merely in an attempt to avoid heart disease, but encourages exercise and proper diet.⁷

III. Brief Introduction to Alcoholism

A. Early History - Dr. Benjamin Rush

Most Attorneys who study American History are aware that one of America’s Founding Fathers is Dr. Benjamin Rush (1745-1813). However many may not know that Dr. Rush was one of the first medical providers to use the term “addiction” in reference to the loss of control accompanying alcoholism. Dr. Rush, a signer of the United States Declaration of Independence, wrote in 1805:

"My observations authorize me to say, that persons who have been addicted to them, should abstain from them suddenly and entirely. 'Taste not, handle not, touch not' should be inscribed upon every vessel that contains spirits in the house of a man, who wishes to be cured of habits of intemperance." ⁸

Dr. Rush observed that “[I]t is further remarkable that drunkenness resembles certain hereditary . . . diseases.⁹ This statement is rather remarkable considering that research just over the last few decades indicates that 40 to 60 percent of the susceptibility to alcoholism is inherited. ¹⁰ Dr. Rush also argued that “habitual drunkenness should be regarded not as a bad habit but as a disease,” and described the condition as a “palsy of the will.” ¹¹

Rush’s contribution 200 years ago helped provide a new model of habitual drunkenness in at least four ways. First, he identified alcohol, or “spirituous liquors,” as the causal agent. Second, he described an alcoholic’s loss of control over drinking as a compulsive activity; third, he declared that this condition was a disease; and fourth, he prescribed total abstinence as the only way to cure this disease. ¹²

B. National Institute on Alcohol Abuse and Alcoholism (NIAAA)

Modernly, the National Institute on Alcohol Abuse and Alcoholism (NIAAA) continues to recognize alcoholism, also known as alcohol dependence, as a disease that includes the following four symptoms:

Craving: A strong need, or urge, to drink.

Loss of control: Not being able to stop drinking once drinking has begun.

Physical dependence: Withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety after stopping drinking.

Tolerance--The need to drink greater amounts of alcohol to get "high."¹³

IV. Case Study

With this basic background information, let us take a look at an actual case study that illustrates how the pattern of alcohol use, abuse and addiction can occur in an attorney’s life. After the case study, we’ll discuss alcoholism in greater detail.

The case is taken from the Review Department of the State Bar of California. Though the decisions of the Review Department are available to the public, the attorney’s identity will be protected here, and he will be referred to as John - not his real name. The true facts described in this case are a classic illustration of the progression of addiction, and the struggles an addict often faces with recovery.

A. Findings of Fact

The findings of fact indicate that John excelled scholastically in high school and chose to attend college at the University of California at Berkeley. While attending college he worked part time for a law firm in nearby Oakland. John began drinking alcohol when he was nineteen, and drank socially on a regular basis. He noticed that he was able to drink more liquor than his friends could before he became drunk. During college, John was sometimes hung over and missed work and classes, but he was able to graduate. Despite the growing impairment from heavy drinking, John went on to attend the University of San Francisco School of Law.

In law school, John’s new circle of friends drank as heavily as he did. Sometimes he missed classes, but he studied hard, did well on his exams and was asked to join law review. But gradually his personality changed as his drinking continued and increased. He started to become belligerent with others. He missed deadlines and was dismissed from law review. He also began to have financial problems. Nevertheless, he graduated and passed the bar exam.

John was admitted to the California state bar in 1991, and found employment as an associate in a law firm. But he was fired on account of his drinking. Unable to find work, he established his own practice as a solo practitioner.

John became hooked on gambling. During his work as a solo practitioner, he embarked on a pattern of attorney misconduct to obtain money for his gambling and drinking. In one matter, John retained almost $3,000 in client funds for payment to the client's doctor. But he used the money to gamble and purchase alcohol. Then, in order to postpone a lawsuit, he repeatedly misrepresented to the client's doctor that he intended to provide payment.

In two cases, John failed to perform any work at all, resulting in default judgments against his clients. In another case, John abandoned a client and withdrew representation. In a fifth matter, John failed to promptly pay a client’s doctor and converted the funds for his own personal use. Thereafter, he misrepresented to the client's doctor that he had mailed the funds.

In a sixth matter, John failed to perform competently, resulting in a small claims judgment against his client. He then lied to the client about pursuing an appeal of the judgment and thereafter abandoned the case without properly withdrawing. Finally, John failed to cooperate with the State Bar about client complaints, and failed to comply with court orders requiring him to pay sanctions.

John abandoned his law practice in late 1992. He tried to work as a contract attorney, but was forced to resign from the bar in 1993 due to his misconduct. John’s downward spiral continued. His ritual was to drink and then go to card tables and lose his money. He stopped paying rent and was evicted from his apartment. By the end of 1994, he was penniless and living on the street.

John tried to recover on his own by moving in with his parents and seeking work as a paralegal. He found a girlfriend and they were married after she became pregnant. But his continued drinking led to his termination as a paralegal and he was forced to declare bankruptcy. By 2000 he was still drinking and needed a least a pint of hard liquor to get drunk. By 2001 he was consuming between a pint and a quart of hard liquor a day. Not surprisingly, his wife threatened to leave him.

The threat of losing his family finally led John to seek counseling for his alcohol addiction. His last drink was May 14, 2001. But recovery from chemical addition is extremely difficult as John’s case further illustrates. John enrolled in a two-year Recovery Program through Kaiser, which included almost daily group therapy sessions and weekly individual sessions to maintain his sobriety. He also joined Alcoholics Anonymous (AA) due to his unresolved feelings of helplessness and hopelessness. He attended counseling sessions and AA meetings seven to fourteen times per week, and gradually became active in AA in an organizational capacity. He also began attending weekly meetings of the Other Bar, an organization of recovering lawyers and judges providing support to members of the legal profession with substance abuse problems.

Eventually John was able to began working full time in the law department of the U.S. Postal Service. He accepted full responsibility for the ethical misconduct he committed prior to his resignation from the California Bar, and expressed sincere remorse for the harm he caused his former clients as a result of his inability to represent them properly. After making restitution to his clients and their doctors, he applied for reinstatement to the Bar in September 2003. A multi-day hearing was conducted in August 2004 and he was reinstated.

B. Lessons Learned From The Case Study

One of the first interesting facts presented by the case study is John’s early observations from college that he could drink more than his friends. Some people believe that being able to “hold your liquor” is an enviable trait. But such an ability does not offer protection from alcohol problems, and in fact, is a reason for caution. People who can drink relatively large amounts of alcohol without feeling its effects tend to drink more, socialize with people who drink a lot, and develop a tolerance to alcohol. As a result, they have an increased risk for developing alcoholism. ¹⁴

Alcoholism is characterized by an intense craving for alcohol. This craving can be as strong as the need for food or water, and untreated, it often causes alcoholics to continue to drink despite serious family, health, or legal problems. ¹⁵ This was certainly true of John, from our case study above. John continued to drink despite the increasing decline in his work performance, his eventual loss of employment, and his disbarment for unethical conduct. For John, the threat of losing his family was too much for him to bear, and he sought treatment thereafter. But many alcoholics never seek treatment and suffer terribly in terms of personal and physical disaster.

Alcohol Dependence often leads to the harmful consequences of repeated alcohol use, a pattern of compulsive alcohol use, and the physical dependence on alcohol. The physical dependence on alcohol can by identified through the alcoholic’s ability to tolerate higher amounts of a alcohol before becoming drunk. Recall that in John’s case, he had to consume a pint of hard liquor to get drunk, and a year later he was drinking anywhere from a pint to a quart of hard liquor a day. The physical addiction to alcohol also leads to symptoms of withdrawal that can become debilitating. In rare cases, alcohol withdrawal can even be fatal. Alcohol dependence is only diagnosed when these behaviors become persistent and very disabling or distressing.

Alcoholics typically present clearly defined progressive changes in behavioral patterns as they continue to drink over months and years. As alcoholics continue to drink, their problems grow worse and worse in fairly predictable ways. In John’s case, this can be seen in the slow but increasing degradation of his work performance and repeated loss of employment. It is not uncommon for alcoholics to abandon old friends and find new friends who share their addiction. An alcoholic may also develop dual or multiple addictions. Recall that John also became addicted to gambling.

One of the most important points to be learned from our case study is that addiction to alcohol is often progressive. The disease persists over time and physical, emotional, and social changes are often cumulative and may progress as substance abuse continues. In fact, alcohol is a toxic, and alcoholism can cause premature death through overdose, organic complications involving the brain, liver, heart and many other organs, and by contributing to suicide, homicide, motor vehicle crashes, and other traumatic events.

C. Disease Concept of Alcoholism

Alcoholism is a disease that includes four symptoms: craving, loss of control, physical dependence, and tolerance. Formal diagnostic criteria for alcoholism are included in the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, published by the American Psychiatric Association, as well as in the International Classification Diseases, published by the World Health Organization.

Like many other diseases, alcoholism lasts a person's lifetime, it usually follows a predictable course, and it has symptoms. The risk for developing alcoholism is influenced both by a person’s genes and by his or her lifestyle. (NIAAA, Alcohol Alert No. 30: Diagnostic Criteria for Alcohol Abuse and Dependence.) Alcoholism is a primary chronic illness, and not just a symptom of some other underlying disease.

There is still no “cure” for alcoholism. If untreated, alcoholism is often progressive and fatal. Even if an alcoholic has been able to refrain from drinking for a long time, he or she can still suffer a relapse. Not drinking is the safest course for most people with alcoholism. Fortunately, alcoholism can be treated. Both counseling and medications are used to help a person stop drinking. (See also NIAAA, Alcohol Alert No. 49: New Advances in Alcoholism Treatment.) Without treatment, an alcoholic may continue to drink despite serious family, health, or legal problems.

Alcoholism is only one type of an alcohol problem. Alcohol abuse can be just as harmful. A person can abuse alcohol without actually being an alcoholic. For instance, he or she may drink too much and too often but still not be dependent on alcohol. Some of the problems linked to alcohol abuse include not being able to meet work, school, or family responsibilities; drunk-driving arrests and car crashes; and drinking-related medical conditions. Physical health problems associated with heavy long term drinking include: alcoholic withdrawal symptoms, liver disease, gastritis, and anemic and neurological disorders. Under some circumstances, even social or moderate drinking is dangerous, like when driving, during pregnancy, or when taking certain medications.

V. Causes of Alcoholism

Research shows that the risk for developing alcoholism runs in families. But lifestyle is also a factor. One’s choice of friends, the stress in one’s life, and the availability of alcohol also are factors that may increase a person’s risk for alcoholism. Thus the known causative factors which can produce alcoholic behavior are genetic and environmental. Alcoholism can be produced by either of these factors even though the other is absent.

A. Genetic Predisposition

Many scientific studies, including research conducted among twins and children of alcoholics, have shown that genetic factors influence alcoholism. ¹⁶ These findings show that children of alcoholics are about four times more likely than the general population to develop alcohol problems. Children of alcoholics also have a higher risk for many other behavioral and emotional problems. A study in Sweden followed alcohol use in twins who were adopted as children and reared apart. The incidence of alcoholism was slightly higher among people who were exposed to alcoholism only through their adoptive families. However, it was dramatically higher among the twins whose biological fathers were alcoholics, regardless of the presence of alcoholism in their adoptive families. Thus, an important risk factor for developing the disease is to have an alcoholic parent.

B. Environmental Factors

Even though there is a genetic link to alcoholism, many children of alcoholics from even the most troubled families do not ever develop drinking problems. Just because alcoholism tends to run in families does not mean that a child of an alcoholic parent will automatically become an alcoholic too. In fact, more than one half of all children of alcoholics do not become alcoholic. Research shows that many factors influence a person’s risk of developing alcoholism.

Environmental factors that contribute to the development of alcohol dependence include the influence of family, peers, and society, and the availability of alcohol, and professions or repeated situations that cause elevated levels of stress. Remember, that alcohol is an addictive substance. This means that a person can become addicted to alcohol just by continual consumption. Regular use of alcoholic beverages (including beer or wine) over an extended period of time can create a physical dependence on alcohol in and of itself.

In the beginning of this article we learned that attorneys suffer from a rate of alcoholism significantly higher than the general adult population. Those in the helping professions such as medicine, dentistry and social work also have high rates of alcoholism. In this section we have observed that alcoholism has two primary causes, genetic and environmental. Let’s continue by looking at employment factors that may contribute to increased alcohol consumption.

C. Stress

Many studies have found significant but relatively small associations between stress in the workplace and elevated levels of alcohol consumption. For example, one early study data reported that employees' reasons for drinking were found to be associated with stress-inducing job characteristics, but the correlations were weak. ¹⁷ A national survey of employed persons found that lower job satisfaction and higher job stress both were risks for increased drinking. ¹⁸ Another study found significant associations between employee alcohol use and lower job satisfaction, less faith in management, and lower involvement with and commitment to the job. ¹⁹ There are significant associations between drinking and job burnout,²⁰ and negative associations between employee drinking behavior and job autonomy and job satisfaction.²¹

These studies suggest that work related job stress and job dissatisfaction induce higher rates of alcohol consumption.

D. Alienation

Worker alienation is another problematic risk factor among employed persons for increased drinking. A worker’s alienation effects that employee’s identity and control and effects overall mental well-being. Studies have reported strong associations between alienation from work and employee drinking behavior.²² Focusing on interpersonal conflict in the workplace, one study reported that “generalized workplace abuse” from supervisors or work peers was positively associated with increased drinking.²³

Although the above studies reported statistically significant findings, the reported relationships between workplace alienation and employee drinking are not powerful. As in the case of work stress, the direction of the relationship must be considered. For instance, problem drinkers have been shown to have impaired social relationships, which may contribute to alienation in the workplace.

VI. Diagnosis, Treatment, and Assistance for Attorneys

There are seven key signs of "Alcohol Dependence" that medical professionals use when making a diagnosis. ²⁴ To qualify for a diagnosis of alcohol dependence, a person must exhibit within a 12-month period at least three of the following symptoms:

Tolerance. The person develops a "tolerance" for alcohol. This is characterized by the need for markedly increased amounts of alcohol to achieve intoxication, or a reduced effect with continued use of the same amount of alcohol.

Withdrawal. The person has withdrawal symptoms. Signs and symptoms of alcohol withdrawal include, among others, mild to moderate tremors, irritability, anxiety, or agitation. The most severe manifestations of withdrawal include delirium tremens, hallucinations, and seizures.²⁵

The person often drinks more than he or she had intended.

The person has been planning to cut down on drinking, or attempting to control the drinking, but those attempts keep failing. Alcoholics often quit drinking for a short period of time to prove to others that they are not addicted. But then resume drinking on the sly.

The person spends a lot of time and effort making sure that he or she can get alcohol. Often this takes the form of going to bars a lot, or planning lots of social events that involve alcohol, and avoiding social events where alcohol isn’t served. It also may involve spending time alone drinking instead of doing something else that wouldn’t allow as much drinking.

The person begins to give up or reduce important social, recreational or professional activities because of alcohol use. The person may be aware of being pulled in two directions, between alcohol and other priorities, and alcohol begins to win more and more often.

The person continues drinking even after being aware of having physical or psychological problems as a result.

A. Treatment

Although described as incurable, “[a]ccording to a consensus of the medical community, alcoholism is a treatable disease.”²⁶ Abstinence from drinking is the safest course for most people with alcoholism. Treatment programs consists of both counseling and medications to help a person deal with the craving and stop drinking. Treatment has helped many people stop drinking and rebuild their lives. “An alcoholic's rehabilitation is almost universally predicated on a choice to confront his or her problem, followed by abstinence sustained through ongoing participation in a supportive program, such as Alcoholics Anonymous.”²⁷

Three oral medications have been approved to treat alcohol dependence: disulfiram (Antabuse®), naltrexone (Depade®, ReVia®), and acamprosate (Campral®). An injectable, long-acting form of naltrexone (Vivitrol®) is also available. These medications have been shown to help alcoholics with physical dependence reduce their drinking, avoid relapse to heavy drinking, and maintain abstinence. Naltrexone acts in the brain to reduce craving for alcohol after someone has stopped drinking. Acamprosate is thought to work by reducing symptoms that follow lengthy abstinence, such as anxiety and insomnia. Disulfiram discourages drinking by making the person taking it feel sick after alcohol consumption.

An alcoholic who is physically dependent may experience withdraw symptoms upon after attempting to attain abstinence. Such symptoms include shakiness, nausea, and sweating. Medications are available to help manage these symptoms of withdrawal so that an alcoholic can begin the road to recovery.

B. Assistance for Attorneys

The services described below are just a few of the assistance programs that can be used to obtain help for an alcohol related problem.

Lawyer Assistance Program

The Lawyer Assistance Program (LAP) was established by the California Legislature. ²⁸ It is a confidential service of the State Bar of California. Staffed by professionals with many years of experience assisting the legal community with personal issues, the LAP provides assistance to attorneys whose personal or professional life is being detrimentally impacted by substance abuse, other compulsive behaviors, and/or mental health concerns such as depression and anxiety.

The LAP is a comprehensive program offering support and structure from the beginning stage of recovery through continuing care. It includes: individual counseling, expert assessment and consultation, assistance with arrangements for intensive treatment, monitored continuing care, random lab testing, professionally facilitated support groups, and peer support groups. The program also works with family members, friends, colleagues, judges and other court staff who wish to obtain help for an impaired attorney. Financial assistance is available so that no one is prevented from participating in the program due to financial limitations.

Attorneys may self-refer into this program or may be referred as the result of an investigation or disciplinary proceeding. Participation in the LAP is strictly and absolutely confidential. No information concerning participation in the program can be released without the attorney’s prior written consent. Attorneys may call a toll free number to learn more about the LAP: 877-LAP 4 HELP (877-527-4435).

The Other Bar

Recall from our case study that an organization called The Other Bar played a part in John’s continuing recovery. The Other Bar is a network of recovering lawyers and judges throughout California, dedicated to assisting others within the profession who are suffering from alcohol and substance abuse problems. It is a private, non-profit corporation funded by the State Bar and private donations. The organization is founded on the principle of anonymity and provides services in strict confidentiality. The program is voluntary and open to all California lawyers, judges and law students. More information can be found on the organization’s website at http://www.otherbar.org/aboutus.html.

National Drug and Alcohol Treatment Referral Routing Service

The National Drug and Alcohol Treatment Referral Routing Service provides a toll-free telephone number, 1-800-662-HELP (4357), offering various resource information. Through this service you can speak directly to a representative concerning substance abuse treatment, request printed material on alcohol or other drugs, or obtain local substance abuse treatment referral information in your State.

VI. Reinstatement to the California Bar

Let’s return to our case study to see how an attorney who was disbarred for misconduct related to substance abuse may be reinstated. As you recall, John was reinstated following his initial hearing. But the story does not end there. The State Bar did not believe John had demonstrated sufficient recovery to begin handling client matters and funds on his own, and appealed to the Review Department of the State Bar Court.

According to Rule 951(f) of the California Rules of Court, in order to be reinstated, a petitioner must pass a professional responsibility examination, demonstrate rehabilitation, present moral qualifications and establish present ability and learning in the general law.

To prove rehabilitation, a petitioner needs to show a recognition of his or her wrongdoing. ²⁹ Petitioner must show proof of “sustained exemplary conduct over an extended period of time.”³⁰ In John’s case, the findings of fact established that he stopped drinking in May 2001, completed a two year program in 2003, and continued attending regular meetings with AA and the Other Bar. He worked full time and never suffered a relapse, even during a temporary period of marital separation. He made full restitution to those he wronged and earned the trust and respect of his new supervisors and peers. According to his counselor, John was a model patient who was in full sustained remission. She testified that he was not disabled by alcohol dependency, pathological gambling, or depression.

Nevertheless, the court denied reinstatement. A serious and protracted pattern of egregious abuse of client trust requires a substantial period of exemplary conduct to make a showing of rehabilitation.³¹ “The passage of an appreciable period of time” constitutes an “appropriate consideration” in determining whether a petitioner has made sufficient progress towards rehabilitation.”³² However, the Review Department of the State Bar Court is not interested “just in counting the correct number of years” for measuring a petitioner's rehabilitation.” ³³ The critical analysis is to “assess the quality of petitioner’s showing in light of his very serious misconduct....” ³⁴ Thus, the petitioner’s burden is to present clear and convincing evidence so that the court may assess the quality of petitioner's showing of rehabilitation in light of the misconduct.

When serious ethical misconduct is attributable to alcoholism, the period of exemplary conduct necessary to sufficiently establish rehabilitation exceeds the 39-month period that John maintained. Given the extent of his prior wrongdoing and addictions, the court found John’s period of exemplary conduct to be insufficient to establish his overall rehabilitation.

VIII. Conclusion

Alcoholism is characterized by a continuous or periodic impaired control over drinking, preoccupation with alcohol, the use of alcohol despite adverse consequences, and distortions in perception, most notably denial. Like many other diseases, alcoholism is chronic: 1) it lasts a person’s lifetime; 2) it usually follows a predictable course; and 3) it has recognizable symptoms. The risk for developing alcoholism is influenced both by a person’s genes and by his or her lifestyle.

Attorneys suffer from alcohol abuse and addiction at rates higher than the general population. Alcohol abuse and addiction is a contributing factor in attorney misconduct which can lead to disbarment. Reinstatement is only possible if the petitioner can show proof of sustained exemplary conduct over an extended period of time.

Attorneys concerned about their alcohol use may seek help by contacting the Lawyer Assistance Program (LAP) at 877-LAP 4 HELP (877-527-4435), or by contacting the Other Bar, whose website is at http://www.otherbar.org/aboutus.html.

___________________________

References

¹ National Institute of Alcohol and Alcoholism, Alcoholism-Getting the Facts, (available at niaaa.nih.gov/ publications/booklet.htm).

² California Bar Journal, A Heavy Caseload of Addiction (2005).

³ In re Salyer, 2005 WL 1389225(methamphetamines); Matter of Terrones, 2001 WL 88125 (cocaine); In re Scott, 52 Cal.3d 968 (1991) (judge addicted to cocaine); In re Nadrich, 44 Cal.3d 271 (1988) (opium, heroin, and LSD trafficking).

⁴National Institute of Alcohol and Alcoholism, FAQ for the General Public (Studies have shown that moderate drinkers are less likely to die from one form of heart disease than are people who do not drink any alcohol or who drink more) (available at http://www.niaaa.nih.gov/FAQs/General-English/default.htm#safe_level).

⁵ National Institute of Alcohol and Alcoholism, Rethinking Drinking - Alcohol and Your Health, 5 (2009) (available at http://pubs.niaaa.nih.gov/publications/RethinkingDrinking/Rethinking_Drinking.pdf).

⁶Id.

⁷ National Institute of Alcohol and Alcoholism, FAQ for the General Public. (available at http://www.niaaa.nih.gov/FAQs/General-English/default.htm#safe_level).

⁸ Benjamin Rush, Inquiry into the Effects of Ardent Spirits upon the Human Body and Mind (Philadelphia: Bartam, 1805).

⁹ Id.

¹⁰ National Institute on Alcohol Abuse and Alcoholism (NIAAA), Concepts and Terms in Genetic Research—A Primer, Alcohol Research & Health, 165 (Vol. 26, No. 3, 2002) (available at http://pubs.niaaa.nih.gov/publications/arh26-3/165-171.pdf).

¹¹ Rush, supra.

¹² Jon Elster, Strong Feelings: Emotion, Addiction, and Human Behavior, 131 (MIT Press, 1999).

¹³ National Institute on Alcohol Abuse and Alcoholism (NIAAA), FAQ for the General Public, (available at http://www.niaaa.nih.gov/FAQs/General-English/default.htm#whatis).

¹⁴ National Institute on Alcohol Abuse and Alcoholism (NIAAA), Rethinking Drinking, NIH Publication No. 09-3770, 3 (2009) (available at http://pubs.niaaa.nih.gov/publications/RethinkingDrinking/Rethinking_Drinking.pdf).

¹⁵ Id.

¹⁶ National Institute on Alcohol Abuse and Alcoholism (NIAAA), A Family History of Alcoholism (2005) (available at http://pubs.niaaa.nih.gov/publications/FamilyHistory/famhist.htm).

¹⁷ Fennell, M.L., Rodin, M.B., and Kantor, G.K., Problems in the Work Setting, Drinking, and Reasons for Drinking, Social Forces 60(1):114–132 (1981).

¹⁸ Martin, J.K., and Roman, P., Job Satisfaction and Drinking Among Employed Persons, Work and Occupations 23:115–142 (1996).

¹⁹ Lehman, W.E., Farabee, D., Holcom, M., and Simpson, D.D., Prediction of Substance Abuse in the Workplace: Unique Contributions of Personal Background and Work Environment Variables, Journal of Drug Issues 25:253–274 (1995).

²⁰ Parker, D.A, and Farmer, G.C., Employed Adults at Risk for Diminished Self-Control Over Alcohol Use: The Alienated, the Burned Out, and the Unchallenged, in Alcohol Problem Intervention in the Workplace: Employee Assistance Programs and Strategic Alternatives, pp 27-43 (Roman, P.M., ed., Quorum Books, 1990).

²¹ Greenberg, E.S., and Grunberg, L., Work Alienation and Problem Alcohol Behavior, Journal of Health and Social Behavior 36(1):83–102 (1995).

²² Seeman, M, and Anderson, C.S., Alienation and Alcohol: The Role of Work, Mastery, and Community in Drinking Behavior, American Sociological Review 48(1):60–77 (1983); Seeman, M., Seeman, A.Z., and Budros, A, Powerlessness, Work, and Community: A Longitudinal Study of Alienation and Alcohol Use, Journal of Health and Social Behavior 29(3):185–198 (1988); Lehmnan, W.E., Farabee, D., Holcom, M., and Simpson, D.D., Prediction of Substance Abuse in the Workplace: Unique Contributions of Personal Background and Work Environment Variables, Journal of Drug Issues 25:253–274 (1995); but see Blum, T., Problem Drinking or Problem Thinking? Patterns of Abuse in Sociological Research, Journal of Drug Issues 14(1):61–77 (1984) and Parker, D.A. and Farmer, G.C., Employed Adults at Risk for Diminished Self-Control Over Alcohol Use: The Alienated, the Burned Out, and the Unchallenged, in Alcohol Problem Intervention in the Workplace: Employee Assistance Programs and Strategic Alternatives, pp27-43 (Roman, P.M., ed. Quorum Books, 1990) (questioning the methodology of the first two studies).

²³ Rospenda, K.M., Richman, J.A., Wislar, J.S., and Flaherty, J.A., Chronicity of Sexual Harassment and Generalized Work-Place Abuse: Effect on Drinking Outcomes, Addiction 95(12):1805–1820 (2000).

²⁴ Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM–IV). The DSM is the most commonly used system in the United States for diagnosing mental health disorders.

²⁵ Richard Saitz, M.D., M.P.H., Introduction to Alcohol Withdrawal, Alcohol Health & Research World, Volume 22, Number 1 (1998) (available at http://pubs.niaaa.nih.gov/publications/arh22-1/05-12.pdf).

²⁶ In re Billings, 50 Cal.3d 358, 367 (1990).

²⁷ Id.

²⁸ Business &Professions Code §§6140.9, 6230-6238.

²⁹ In the Matter of Distefano, 1 Cal. State Bar Ct. Rptr. 668, 674 (Review Dept. 1991).

³⁰ In re Petty, 29 Cal.3d 356, 362 (1981) (emphasis added).

³¹ In re Gossage, 23 Cal.4th 1080, 1096 (2000).

³² In the Matter of Rudman, 2 Cal. State Bar Ct. Rptr., 546, 558 (Review Dept. 1993).

³³ In the Matter of Bodell, 4 Cal. State Bar Ct. Rptr. 459, 464 (Review Dept.2002).

³⁴ Id.

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ALCOHOL ABUSE AND ADDICTION IN THE LEGAL PROFESSION: A CASE STUDY OF DISBARMENT AND APPLICATION FOR REINSTATEMENT TO THE BAR