CBA Record Feb-March 2018

YLS Special Issue: The Benefits of Belonging

In addition to the new rules and pro- grams discussed above, the Illinois Supreme Court and the ARDC have implemented, or are in the process of implementing, many of the other recommendations for regulators that are outlined in the task force report. In January of 2017, the Illinois Supreme Court amended Supreme Court Rule 756(e)(2) to provide for Proactive Management-Based Regulation (PMBR). One of the modules developed for the PMBR self-assessment is on the topic of attorney wellness. In the attorney wellness module, lawyers are informed that in order to fulfill their ethical obligations to clients and others, they should learn and practice wellness strategies. In the module, lawyers learn about the following: • Attorney wellness and the help that is available for attorneys struggling with wellness issues; • The ethics rules related to attorney well- ness; and • Steps lawyers can take if they or a col- league need assistance. The PMBR course is a free, four-hour interactive, online self-assessment course which is available on the ARDC website at www.iardc.org. In addition to attorney wellness, the course addresses the operation of a law firm, including: The Intersection of Technology & Ethics; Conflicts of Interest; Fees, Costs & Billing Practices; Attorney-Client Relationships; Client Trust Accounts; Civility &Professionalism; and Diversity & Inclusion. The entire four-hour PMBR course does not have to be taken in one sitting, but can be taken in increments. It is available to all Illinois lawyers, but it is mandatory for those lawyers in private practice who do not maintain malpractice insurance. The course must be completed before private practitioners, who do not maintain mal- practice insurance, are allowed to register with the ARDC for the year 2019.

Contact Information for the Illinois Lawyers' Assistance Program

be pursued. In such cases, the mere fact that a complaint was filed with the Commission may be sufficient to put the respondent on notice not to repeat the conduct at issue. Or, as in the present case, the Administrator may close an investigation after con- cluding that the alleged misconduct was an isolated incident, not likely to be repeated, and that respondent has ceased the offending conduct. An attorney’s undertaking to address issues that have resulted in the filing of one or more grievances, coupled with a carefully tailored diversion plan, affords the attorney an early opportunity to address systemic practice issues or other issues, including those involving an attorney’s wellness, that bear on his or her practice. This program of early intervention has the prospect of identifying and helping lawyers to address issues that may be causing griev- ances, thereby assisting lawyers in repre- senting their clients more effectively. Also, early intervention may reduce the cost of such investigations to the ARDC and to the attorney. Diversion offers incentives to an attorney to enter into an agreement, including the immediate closure of the investigation and the offering of resources for the attorney to improve their practices and to address wellness issues. Another procedure the ARDC has implemented, in furtherance of its mis-

sion to promote and protect the integrity of the legal profession through remedial action and attorney wellness, is through its collaboration with and increased referrals to the Illinois Lawyers’ Assistance Program (LAP). The ARDC and Illinois LAP have historically worked together to identify and assist lawyers who suffer from substance abuse and mental health issues or otherwise appear to be in distress. In fact, approxi- mately one-third of lawyers facing formal disciplinary charges have been identified as suffering from a substance abuse or mental health issue. In order to assist lawyers in obtaining the help they need, Illinois Supreme Court Rule 766 allows the Administrator to make referrals to the LAP, during an otherwise confidential stage of a matter, when inves- tigation has revealed reasonable cause to believe that a lawyer may be addicted to or abusing drugs or alcohol, or experiencing a mental health condition or other problem that is impairing the lawyer’s ability to practice law. Lawyers can be comfortable taking advantage of LAP’s services because LAP intervenors are exempt from reporting to discipline. This means communications are confidential akin to the lawyer-client relationship. (IRPC 1.6(d)). The Court has provided this confidentiality in order to encourage law students, lawyers and judges to seek assistance through these programs. (IRPC 1.6, Comment [21]).

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