The Oklahoma Bar Journal August 2023

obligation for a lawyer associated with the impacted lawyer to notify the General Counsel’s Office of a lawyer’s incapacity due to “[h]abitual use of alcoholic bever ages [author’s note: any mentally or physically disabling substances] ... to any extent which impairs or tends to impair ability to conduct efficiently and properly the affairs undertaken for a client in the practice of law.” Importantly, Rule 12.1 states that any other lawyer should give notice if it appears notice was not given. Other rules – such as ORPC Rule 5.2, “Responsibility of a Subordinate Lawyer” (not alle viated from responsibility), and Rule 8.3, “Reporting Professional Misconduct” (when certain knowl edge) – also create duties that should be considered and that provide accountability. The best approach would incorporate opportunities for law yers to seek assistance confiden tially, before they hurt themselves or a client and before a manda tory reporting duty is triggered. Perhaps the firm or legal group

could set up a “lawyer assis tance group” or a single lawyer to whom the troubled lawyer could initially report, safely and confidentially. That committee or contact could then assist the troubled lawyer in finding the next right step, whether it is an appointment with a mental health provider, a referral to Lawyers Helping Lawyers or placement with a rehab facility. The firm should reassure the troubled lawyer, if possible, that they will not be impacted should treatment be successful. Many years have passed since my brother died. The firm he knew is long gone, and his for mer partners are either retired or have moved on in some way. I’m sure they dealt with him as best they could at the time, but more should be expected of us now for the sake of the lawyers and, most importantly, the clients. Romantic notions of stubborn self-reliance should be seen for what they are – often harmful to both lawyers and clients.

requires lawyers with “manage rial authority” in any association of lawyers to “make reasonable efforts to ensure that the firm has in effect measures giving reason able assurance that all lawyers in the firm conform to the Rules of Professional Conduct.” We are, of course, familiar with systems to docket dates and check conflicts, but maintaining healthy law yers? Not so much. Because it is hard to do, given privacy issues and our resistance to outside accountability. One way would be to impose greater supervision over the work of younger lawyers and maintain direct accountability of all law yers, even the ones with many years of experience. Mentorships are one way. A “wellness and practice committee” would be another. Issues could be discov ered earlier, and the lawyer could be directed to treatment before it is too late. Other rules are germane. Rules 10.1 and 12.1 of the Rules Governing Disciplinary Proceedings create a direct

The correct path is to rigorously follow Rule 5.1 of the Oklahoma Rules of Professional Conduct, as it outlines a proactive approach that is designed to protect clients but will protect you and your practice group in so doing.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

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THE OKLAHOMA BAR JOURNAL