New Hampshire
Lawyers Assistance Program
ANNUAL REPORT 2015
Executive Director, Cecie Blakeslee Hartigan
As we begin our tenth year as a formalized program, we reflect on the changes that have taken
place. Prior to 2007, it was common for the bar to receive 5-10 calls per year from or about
lawyers who needed help for substance abuse or mental health problems. Today, the average is
40-50 calls per year.
CASE ACTION
18
16
14
12
10
8
6
4
2
0
17
12
11
11
8
5
3
3
1
This chart represents actions taken in 43 cases from Jan. 1, 2015 – Dec. 30, 2015. There is overlap in some groups;
for instance, some referred to counseling or support groups also maintain ongoing contact with LAP. Assistance
Declined refers to third party referrals in which the referral, once contacted, declined LAP help. Resolved refers to
cases in which it was mutually determined that no assistance was necessary after speaking with LAP.
The very good news is that the lawyers who make the call or accept the help receive personal,
tangible and ongoing support that returns them to practice more resilient, productive and
grateful than they had ever been. I have deep appreciation for the people who have the courage
to make these changes. Being part of this transformation for so many wonderful New Hampshire
lawyers is the great privilege of heading this program.
A momentous change took place this year in that the last of our founding Board members, John
Tobin, completed his service on the Board. He and the other founders will be long remembered
for their care and selflessness in caring for NH lawyers in need of help. As these members have
gone, we welcome a new slate of the state’s finest lawyers to LAP. Our new board, with Russ
Hilliard as Chair and Andrea Daly as Co-Chair, two judges, Hon. Jacalyn Colburn and Hon. James
Carroll, and lawyers Christopher Nicolopoulos and David Tencza, continues the tradition of
compassion for our colleagues. In addition, our medical members are addiction specialist Dr.
Molly Rossignol and Dr. Sally Garhart, both specialists in addiction medicine. I applaud their
selfless donation of time and energy to assist lawyers, and to support me as the executive
director. I could not effectively run this program without their support.
LAP Mission Statement
The New Hampshire Lawyers Assistance Program (LAP) is a confidential, independent
organization created for the sole purpose of providing immediate and continuing assistance to
New Hampshire lawyers, judges and law students who are suffering from physical or
psychological illness, substance abuse or emotional distress, age-related issues, or other personal
or professional crisis that may impair the ability to practice law. Our primary purpose is to insure
the health and integrity of New Hampshire lawyers, and in doing so, protect the public.
LAP Services include a telephone support line for attorneys in distress, referral to professional
services, peer support, case management, monitoring, facilitated groups on request, substance
abuse and mental health support groups, and MCLE educational programs.
From the Board Chair
From Russell F. Hilliard:
It is humbling to write a message as the new Board Chair, when my predecessor, John Tobin, was
such a towering figure in helping New Hampshire lawyers with substance abuse and mental
health problems.
John, along with such prior Board members as John Maher, David Wolowitz, Bob Morrill, and
Roger Phillips, established a high bar of dedication and service to this cause. In a sense, they
have passed the torch to a new generation, but one still guided and inspired by the excellent
work of Cecie Hartigan.
I have served in a number of capacities for the organized Bar, but none compares to the direct,
immediate, and significant assistance this program provides to members of our profession. In
this way, the program also does much to protect and serve the public interest, at a very low cost
per lawyer. The Court should remain confident that this is a worthwhile, and well run, service to
the Bench and Bar.
A Brief History of the Program
In 2007 the New Hampshire Supreme Court New Hampshire created the New Hampshire
Lawyers Assistance Program by passage of Rule 58. Rule 58 was championed by a committed
group of New Hampshire lawyers who for years had voluntarily assisted troubled colleagues
struggling with mental health or substance
Counties Served
abuse issues. These compassionate lawyers
were appointed by the Court to be the first
LAP Commission. LAP was initially funded
through the Public Protection Fund, and in
2009 became independently funded by a
Carroll
$15.00 annual assessment from NHBA
12% 5% 7%
Grafton
members. The assessment was increased to
Hillsborough
16%
$20.00 per lawyer in 2014.
Merrimack
28%
Rockingham
Out of State
32%
Clients came from only half of the NH counties.
Belknap, Sullivan, Cheshire and Strafford were not
represented in 2015.
In 2010, LAP was incorporated as a 501(c)(3)
not-for-profit corporation. As a non-profit, we
refer to our governing body as a board of directors.
I was hired as first Executive Director of LAP in 2007. Since then, I have worked with the board
of directors to create a strong program. The greatest source of information and guidance has
been the ABA’s Commission on Lawyer Assistance Programs (CoLAP), created in 1992 to assist
state lawyers programs nationally in accomplishing this mission. Our office at 2 ½ Beacon Street,
Concord, is a private, professional and welcoming location. We are near downtown but privately
situated. We encourage anyone to visit by stopping by, or calling for an appointment.
Confidentiality is the Cornerstone
Under Supreme Court Rule 58, the confidentiality of all client interaction with LAP is guaranteed.
Any information learned by LAP employees and volunteers will not be disclosed except upon
express authority of the affected person. The only exception is if an individual signs a release of
information and asks LAP to share information with another organization or individual.
There is additional protection provided under the rules. Under Rule 8.3 (c) of the Rules of
Professional Conduct, LAP volunteers are exempted from reporting information of misconduct
received during the course of their work on behalf of LAP. Further, under Administrative Rule 37
(e), information that is indicative of a violation of the Rules of Professional Conduct and that is
acquired during the course of LAP work is shielded by attorney–client privilege.
Through these provisions, the privacy of any lawyer who seeks help from LAP has been protected
by the New Hampshire Supreme Court.
Solo practitioners
consistently
comprise the
majority of cases,
although solos
decreased from
61% last year to
49% this year.
Applicants
increased from 5
to 11 percent and
mid-size firms
from 6 to 14
percent overall.
Firm Size of Lawyers Assisted
5%
5% 2%
11%
7%
9%
12%
49%
Applicant
Student
Solo
2 to 5
6 to 10
10+
Corporate
Judge
How the Program Works
Over the years, most calls to LAP have been self-referral from lawyers, judges and law students
who recognize that they have a problem and ask for help. These problems can range from
temporary conditions caused by stress, grief, family issues, or work problems, to ongoing
struggles with anxiety, depression, compulsive behaviors and addiction. As a lawyer in recovery
I have worked with people suffering from alcoholism for over 30 years. When substance abuse
is the issue, an evaluation is sought if needed. In many cases, a lawyer volunteer will assist the
person to begin the road to abstinence, stabilization and recovery. This may involve inpatient
treatment, intensive outpatient programs, and recovery support groups, including a lawyers’
recovery group that has been meeting monthly for over 25 years. When there is a need for
professional mental health assistance, a referral is made right away. LAP maintains close
relationships with mental health professionals experienced in treating lawyers, and works with
treatment programs throughout the country as well as individual therapists, psychologists and
psychiatrists in New Hampshire and nearby states, and often makes referrals to these
professionals.
Third-party calls to LAP are treated with the same confidentiality as all other LAP contacts. This
year for the first time, third-party
Referral Source
referrals slightly edged out selfreferrals. The Referral Source chart
3%
7%
shows that only three percent of case
ADO
were formal referrals from the
C&F
Attorney Discipline Office (ADO).
Colleague
21%
However, as the next chart shows, 26
Crim. Justice
47%
percent of new cases this year had
Family
some involvement with discipline that
Judge
2%
was related to the LAP issues involved.
Doctor
Three of those cases resulted in formal
9%
Self
monitoring contracts with LAP that will
9%
2%
be used in the discipline case. The
Character and Fitness Committee (C&F) referred several applicants for evaluation.
LAP-Assisted Lawyers Also
Involved with Discipline?
26%
Yes
74%
No
As for the issues presented, this year alcohol cases were the majority, 44 percent, up from 30
percent in both 2013 and 2014. Mental health cases taken together comprise 43 percent of cases
overall. These include depression, stress, and anxiety, as well as two anger/disruptive behavior
cases, reported by third parties. Medical cases included lawyers whose illnesses prevented them
from meeting caseloads. In these cases, volunteer lawyers stepped in to meet these needs.
FIRST PRESENTING ISSUE
(percentage of cases)
Aging
Alcohol
9%
Medical
14%
Drugs
20%
17%
6%
8%
Family
Other
8%
6% 6% 6%
Anger/Disruptive
Depression
Stress
First Presenting Issue
(number of cases)
Bipolar
Stress
Depression
Anger/Disruptive
Other
Family
Drugs
Alcohol
Medical
Aging
0
1
2
3
4
5
6
7
8
The distinction between stress and depression is made based on self-reporting by the client. The
depression category includes those treated in the past for depression, or diagnosed with
depression after calling LAP and being referred to professional treatment. The stress category
includes clients in crisis, self- identified as stress-related who do not have history of depression,
and no known subsequent diagnosis of depression.
MCLE: Ethical Obligations and the Problem
of Attorney Impairment; Professionalism;
Mindfulness and Resilience
The Lawyers Assistance Program has several Continuing Legal Education courses that incorporate
ethics rules and law as related to the subject of attorney impairment. Each year we have
presented and sponsored courses to educate the New Hampshire legal community on issues
surrounding lawyer wellness from a mental health and substance abuse perspective. In 2015 the
ABA in collaboration with the Betty Ford/Hazelden Foundation released results of a nationwide
survey of 12,000 lawyers that showed that 21 percent of licensed, employed attorneys are
considered problem drinkers, 28 percent have depression and 19 percent have symptoms of
anxiety. Our goal is to make these results known so that NH lawyers who are suffering know that
they are not alone and that they can ask for help before serious consequences occur. Each course
is given by the LAP director, a Board member or a volunteer, or by a presenter sponsored by LAP.
Courses include:
Preserving Professionalism, NLAP training session, Cecie Hartigan
Ethical Obligations and the Problem of Attorney Impairment, LAP board member or director
The Current Rates of Substance Use, Depression and Anxiety in the Legal Profession, LAP board
member or director
Professionals, Addiction and Treatment: What Do We Know? Sally Garhart, MD, Executive
Director, NH Professionals Health Program
Mindfulness for Lawyers: Cultivating Resilience, Focus and Well-Being (Health), Brenda Fingold,
J.D., Center for Mindfulness in Medicine, University of Massachusetts Medical School.
Understanding Addiction in Our Clients, Robert Bianchi, Esq., Bianchi Law Group, West Caldwell,
NJ
NHLAP: Who We Are and What We Do, Cecie Hartigan
These courses are available through LAP on request. Please contact Executive Director Cecie
Hartigan for information about arranging a CLE presentation.
UNH Law School Initiative
LAp works with University of New Hampshire School of Law staff and students to provide support
to students while in law school and during application to the Bar. Presentations on LAP law
student services and student wellness were made to students during the fall and spring
semesters. This year, LAP sponsored two well-attended presentations for law students:
Mindfulness for Law Students, presented by Keri Height, Ph.D., assistant professor of psychiatry
at Dartmouth Medical School; and Perfectionism and Steps to Overcoming It, presented by Cecie
Hartigan, Executive Director NHLAP.
A national survey released last year of 3,400 law students reported troubling statistics regarding
substance abuse: 25 percent of respondents said they used marijuana as law students, while
14 percent used prescription drugs without a prescription, 6 percent used cocaine, 9
percent used a stimulant medication without a prescription and 4 percent used a sedative
or anxiety medication without a prescription.
LAP continues to work with Dean of Students Fran Canning and Director of Academic Success
Leah Plunkett to develop programs to address student needs and concerns. In the fall, a segment
of the law school’s new student orientation will be set aside for a LAP presentation on these and
other issues.
Confidentiality is always emphasized in our relationships with law students. LAP accepts referrals
regarding law students and bar applicants and assists in any way we can, but we never make
referrals or communicate with another entity without the express consent of the affected
student/applicant.
Client Gender
Female
27%
Female
Male
Male
73%
LAP’s gender participation statistics have
remained fairly consistent, and generally
correspond to the Bar’s gender membership
demographic. The percentage of females
served went down slightly in 2015, from 34%
female clients to 27%.
Cooperation with the Committee on
Character and Fitness
LAP cooperates with the New Hampshire Supreme Court Committee on Character and Fitness
and its staff coordinator, Sherry Hieber, to assist applicants with the Character and Fitness
process when needed. LAP will assist in securing professional evaluations and assessments, when
circumstances warrant or when requested to do so by the Committee. Again, as with all LAP work,
confidentiality is paramount in interaction with law students and applicants utilizing LAP services
in connection with their Bar applications. No information is shared or released without the
express written permission of the affected person.
In the past year, six applicants requested LAP services for evaluation, and three subsequently
entered monitoring contracts with LAP. Two of the six were referred by the Committee as part
of the application process. The other four contacted LAP prior to the application process. If
compliance with a monitoring contract is documented by LAP, the Character and Fitness
Committee takes this into account in the decision-making process, often saving applicants time
and resources in becoming bar members and entering the workforce.
ABA Commission on Lawyer Assistance
Programs
New Hampshire LAP is a part of the American Bar Association’s Commission on Lawyer Assistance
Programs (CoLAP). CoLAP is an 8-member commission of the ABA that has the mandate to
educate the legal profession concerning substance abuse, stress, depression and other emotional
health issues, and to assist all bar associations and lawyer assistance programs in developing and
maintaining methods of providing effective solutions for recovery.
LAP’s Executive Director, Cecie Hartigan, was recently re-appointed by the President of the ABA
to a second year on the Commission. She serves as Co-Chair of CoLAP’s Evaluations Committee,
which is available to conduct a review of a state’s lawyer assistance program at the request of
the state. Periodic review of programs is recommended in the ABA’s Model Lawyer Assistance
Program.
This
conference
is
Working with the Attorney Discipline Office
New Hampshire Lawyers Assistance emphasizes that while we are authorized by Rule 58 to
receive referrals from the Attorney Discipline Office (ADO), LAP never refers to, reports to, or
otherwise communicates with attorney discipline or any other entity or individual without the
express consent of the affected lawyer. In some cases, the Attorney Discipline Office or the
Professional Conduct Committee (PCC)
may refer an attorney to LAP for
LAP-Assisted Also Involved
assistance. In these cases, there may be
with Discipline?
an opportunity for a lawyer facing
disciplinary action to get assistance for
conditions that, if not addressed, may
26%
lead to repeated misconduct in the
Yes
future.
No
74%
As stated previously, LAP had one case formally
referred this year from the ADO. However three
lawyers entered monitoring contracts with LAP
that will be used in their cases with the ADO
Confidentiality remains the LAP priority, and LAP will not report or share any information
regarding a program participant without the express written consent of the participant. For
obvious reasons, in cases of referral from the ADO or PCC in which a contract is entered into
between the lawyer and LAP, waiver of confidentiality is required. Monitoring contracts have
been used for substance abuse issues, mental health issues, and chronic disease management. A
typical monitoring contract includes random drug testing (where substance abuse is indicated),
attendance at counseling and/or support groups, and compliance with all medical
recommendations and prescriptions.
Our relationship with the ADO is vitally important, from LAP’s perspective, for two reasons. One,
by working together we ensure that lawyers who return to practice are healthy and do not
continue to suffer from issues underlying their prior unethical behavior. Second, by helping
lawyers when the need arises, we protect the public. This shared goal of professionalism protects
our legal community as well as the public. By ensuring lawyer accountability while also addressing
and monitoring behavior when necessary, we ensure public protection.
Lawyers Concerned for Lawyers (LCL)
LCL is an alcohol recovery and support group for lawyers, whose members are also willing to help
a colleague struggling with substance abuse. Lawyers who want help with substance abuse are
welcome at LCL meetings. In addition, any lawyer, judge or law student who wishes to attend for
mental health or other support may attend. Membership in LCL stretches from the northern part
of the state, to the seacoast, to southern New Hampshire. Each month, attorneys meet in
Manchester to share their experience, strength and hope as lawyers in recovery. LCL members
offer practical and compassionate support in dealing with issues of substance abuse and
recovery, as those issues intersect with the practice of law. LCL has just started a second monthly
meeting in Concord. For further information please see our website, www.lapnh.org.
501(c) (3) Status
New Hampshire Lawyers Assistance is a committee of the New Hampshire Supreme Court. We
are also incorporated and operate as a not for-profit organization under section 501(c)(3) of the
Internal Revenue Code.
Website: www lapnh.org
Please visit our new site at www.lapnh.org. It is our hope that it may provide an avenue for
support to any attorney, judge or law student seeking information or help with depression or
other mental health issues, substance abuse, or other personal or professional crisis. The site lists
numerous resources for lawyers, judges and law students who feel that they or a colleague may
be in need of assistance. In addition, you may follow us on Twitter, @LAPNH, where we share
articles, news and links of interest.
Presentations and Outreach
New Hampshire Bar Association Mid- Year Meeting Exhibitor
Developments in the Law Exhibitor
Practical Skills presentation to new NHBA admittees; June and December
Articles in NH Bar News re: substance use among lawyers, new ABA research
Chair, National Conference of Commission on Lawyer Assistance Programs (CoLAP),
Albuquerque, NM. Attended with Hon. Jacalyn Colburn, Board of Governors member attorney
Christopher Reagan, Attorney Discipline Office staff attorney Brian Moushigian.
ABA Law School Division Mental Health Day at Harvard Law School; panel discussion member
Appointed by ABA President to ABA Commission on Lawyer Assistance Programs
Co -Chair, Evaluations Committee
Preserving Professionalism, NHLAP Training
The Current Rates of Substance Use, Depression and Anxiety in the Legal Profession, with
John Tobin
Professionals, Addiction and Treatment: What Do We Know, with Sally Garhart, MD,
Executive Director, NH Professionals Health Program
Mindfulness for Lawyers: Cultivating Resilience, Focus and Well-Being (Health), with
Brenda Fingold, J.D., Center for Mindfulness in Medicine, University of Massachusetts
Medical School.
Understanding Addiction in Our Clients, with Robert Bianchi, Esq., Bianchi Law Group, West
Caldwell, NJ, at the NH Association of Criminal Defense Lawyers
ABA Mid -Year meeting: attended CLE on Aging in the Profession by the Hanley Center of FL
LAP Volunteer Training Session; 35 attendees
Presentations at UNH Law:
Perfectionism in Law School: How to Maintain Balance While a Law Student
Mindfulness for Law Students, with Keri Height, Ph.D., Dartmouth Medical School
CLE Presentations: Ethical Obligations and the Problem of Attorney Impairment.
Inns of Court: Rockingham: Aging in the Legal Profession
Vermont Supreme Court: panelist at funding meeting for Vermont LAP
Exhibitor at Judges Forum, NHBA
Exhibitor at Probate Law CLE, NHBA
NHBA staff meeting re: recognizing Signs of Lawyer Impairment
NHBA Board of Governors: Research on Rates of Substance Abuse in the Legal Profession.
Maine Assistance Program Training: panelist
LAP COMMISSION
Russell F. Hilliard, Esq., Chair
Portsmouth, NH
David Tencza, Esq.
Nashua, NH, NH
Andrea Daly, Vice Chair
Portsmouth, NH
Hon. James Carroll
Laconia, NH
Hon. Jacalyn Colburn
Concord, NH
Russell F. Hilliard, Esq.
Portsmouth, NH
Molly Rossignol, D.O., FAAFP
Concord, NH, NH
Jeannine McCoy, Ex Officio
Exec. Director, New Hampshire Bar Association
Christopher Nicolopoulos, Esq.
Concord, NH