J.E. Buddy Stockwell III, JD Executive Director Louisiana Lawyers Assistance Program 1011 N. Causeway Blvd., Suite 31 Mandeville, Louisiana, 70448 (866) 354-9334 LAP Monitoring: Who Needs It?! • Persons with Substance Abuse/Dependency or other mental conditions that can impair a lawyer’s or judge’s ability to perform his or her duties • In cases involving Third Parties such as Discipline, Bar Admissions, and Law Firms that require Recovery Monitoring to protect the Public So You’re In Recovery? Says Who?! • Monitoring is required by licensing authorities to objectively establish Recovery • LAP Recovery Agreements are designed as an efficient and effective blueprint for close supervision • Recovery Agreements reflect dependable LAPapproved clinical recommendations Monitoring Versus Confidential Self Help • LAP never refers cases out to any entity • Each year LAP assists scores of people discreetly and confidentially; no Recovery Agreement required • Only LAP Monitoring requires waiving confidentiality What Does A LAP Monitor Do? • A LAP Monitor’s role is to be the Program’s in-person “eyes and ears” and help LAP document the monitored lawyer’s attitude and compliance under the LAP Agreement • The LAP Monitor must take a “hands off” approach and be an objective observer while documenting the Participant’s behavior Step One: Monitor Presents Agreement • The LAP Director forwards the written Recovery Agreement to the Monitor • The Monitor sets up an initial meeting with the Participant • The Monitor and the Participant examine the written Recovery Agreement and review the terms and conditions Step Two: Executing the Agreement • After the Agreement is executed, the Monitor forwards the Agreement to the LAP Director Step Three: During the Participation Period, the LAP Monitor • Meets monthly with Participant and forwards all monthly paperwork to the LAP Director • Immediately reports all concerns and noncompliance incidents to the LAP Director Participant’s Duties: • Manage full compliance with drug screening • Make AA meetings and diligently work the 12 Steps of AA with an AA Sponsor • Write monthly reports about Recovery • Schedule meetings with the Monitor and timely submit fees/materials The Participant’s Compliance Record • The purpose of participating in a LAP Recovery Agreement is to create a documented record of Recovery • A LAP compliance record is intended to show what the Participant can do on their own As People in Recovery, it’s Difficult To Resist “Helping” LAP Participants: • It is our nature to help others in trouble • Our own Recovery requires “giving it away” • We genuinely want others to succeed As Lawyers, It is Hard to Resist Advocacy: • We are professionally trained, skillful Advocates and we can’t easily resist shaping outcomes • LAP and its Monitors can never become Advocates for the LAP Participant lest we place the Monitoring Program in peril by calling into question its objective validity The Issue: • Can the Participant demonstrate full LAP compliance and solid Recovery that is very likely to continue after the LAP Monitoring program ends • Excusing non-compliance to “help” a Participant who is struggling serves only to diminish/destroy the validity of the Participant’s LAP compliance record The English Channel Rules • No swimmer shall be permitted to use a swimsuit that may aid his/her speed, buoyancy, heat retention or endurance • No physical contact with the swimmer shall be made by any person other than to pass food and drink or secure light sticks for safety reasons • MP3 players & audio/communication devices are prohibited Swimming On Your Own Support Without Breaking Rules LAP Never Gives Up On Anyone: • When a Participant becomes noncomplaint, LAP facilitates a clinicallybased attempt at re-establishing Recovery • A new Recovery Agreement is offered only after completing a LAP-approved evaluation and all recommendations to identify and treat the root cause of the non-compliance and re-establish Recovery In The Event Of Non-Compliance, LAP Is Always There To Help Recognizing Different Viewpoints: New LAP Participants often feel: • They don’t have a problem • Resentful and angry • Unfairly singled out • Frustrated with the whole system A New Lap Participant’s Viewpoint? LAP’s View: New Participants Need Time • To surrender to the process of LAPapproved evaluation/treatment • To understand LAP’s role is purely restorative and not punitive (and not part of ODC or Bar Admissions) • To settle into LAP compliance and seize their opportunity to demonstrate quality Recovery through LAP LAP’s Viewpoint: New Law Students PROBLEM? WHAT PROBLEM?! LAP’s Viewpoint: New Lawyers YOU LAP PEOPLE NEED TO FLOAT ME! There Are A Few In Every Crowd • Most LAP Participants start “swimming” very quickly and then get a rhythm in Recovery • A few struggle, however, and a few of those for reasons that are out of their control • A very few, however, are out to cheat the system and they will try some “tricks” . . . “I’ve Got This LAP Thing Figured Out!” Monthly Sobriety Report Misfires • “I am tired of listening to pathetic idiots talk about God while blaming their own mistakes on a supposed disease.” • “Choosing not to drink is very easy . . . listening endlessly to recovery drivel, however, is exasperating!” • Abstinence alone is not Recovery Other Professions and Monitoring Programs: • Physicians • Nurses • Airline Pilots All Monitoring programs protect the Public and support Recovery Chemical Dependency: Treatment And Monitoring Success/Failure Rates • 30 day inpatient treatment with no Monitoring: 80% relapse rate • 90 day inpatient treatment and no Monitoring: 50% relapse rate • 90 day inpatient treatment and 5 year Monitoring: 15% relapse rate Stick With The Winners When a LAP Participant establishes solid, successful Recovery and LAP compliance, we all win: the Participant, the Bar, the Judiciary, the Profession, and the Public LAP and its LSBA volunteer Monitors merely provide the opportunity; the Participant is the one who must win the record of LAP compliance and Recovery LAP Has Over One Hundred Participants When Participants Win, We All Win! LAP AND ITS LSBA VOLUNTEER MONITORS REMAIN COMMITTED TO PROVIDING HIGH QUALITY MONITORING SERVICES TO JUDGES, LAWYERS AND LAW STUDENTS © Copyright 2012, all rights reserved