From Junkie to Judge: Overcoming Addiction and Resources for Attorneys (On Demand)

Mary Beth: Does the lawyer who has SUD have a duty to inform the client of this under Rule of Professional Conduct 3-500 (duty to keep clients informed of “significant developments relating to the employment or representation”) and Business and Professions Code § 6068(m) (duty to inform clients of significant developments relating to the representation). Charles Clark

Different jurisdictions can interpret rules differently. I suggest the question be submitted via the relevant bar association.

Where did you find the substance use rates? Is this only for Nevada or Nationwide?

I believe the data came from one of the ABA reports. It is national data, not Nevada specific.

Hi Mary Beth, thank you for doing this CLE. Do you have any new recommendations for books on this subject? there is a lot of material out there. Any perspective you can offer on the matter would be tremendously appreciated. - Michael P.

There are a wide variety of books on a variety of topics, so a search for your particular area of interest might be useful. Some books I recommend on understanding substance use disorders include Gabor Mate's The Realm of the Hungry Ghosts; Maia Szalavitz's Unbroken Brain and Marc Lewis' Memoirs of An Addicted Brain.

If not going to an AA "course" and a client wants to see sobriety how do you prove that? Would a BI or criminal civil rights client need to know the background or care vs say a 200 million dollar merger and acquisition? Are gambling addicts and sex addicts under the definition of the Bar etc addicts or a disorder? How far back does the bar go to say "hey that is in the past?" 5 years, 10, 20? Thank you so much for all your info and explaining the book and your past. HB

The answers to the questions about the Bar vary from state to state, so s/he would need to check with their state bar. Generally speaking, though, the Bar most often gets involved because the addiction is related to a violation of the Rules of Professional Conduct. If an addiction is involved, this might be part of the mandated remedial plan as to a license suspension or to avoid disbarment. As to verifying sobriety, it's the same for AA as it is for all peer support programs. None of them do drug testing, for example. Most of them will sign meeting attendance verifications.

Can hypnosis be helpful?

For addiction recovery? Some therapists use hypnosis as part of the process, which some people find useful. But I doubt hypnosis alone, as a short term process, would provide long-lasting sobriety.