Also known as:lawyer assistance programs · lawyers assistance program · lawyers assistance programs · LAP · attorney assistance program
Written by attorneys · grounded in primary & secondary sources — see below
A confidential program established by state bar associations to provide counseling and treatment to lawyers experiencing substance abuse or other impairments. Participation allows lawyers to share experiences and demonstrate recovery while guaranteeing that information obtained during the program remains protected from mandatory disclosure.
Sources & Authorities
How it applies
Common Examples
2
Protected Information From Program Participation
Lillian Locke learns during a lawyer assistance program session that Logan Lane has struggled with substance abuse affecting his practice. When another lawyer asks Lillian whether she must report Logan under the rules, the protection for program information means Lillian faces no obligation to disclose what she learned in the program.
Reporting Obligation Outside Program Context
Leah Lamb discovers through ordinary client conversations that Lance Lee has committed serious misconduct raising questions about his fitness. Because the information did not come from a lawyer assistance program, Leah must consider whether the rules require her to report the violation to the appropriate authority.
Put it into practice
Test Yourself
2
Practice Essays2
· 2 primary sources
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Model Codes
Hornbooks
Common questions
Frequently Asked
2
What protection does a lawyer assistance program provide regarding reporting duties?+
Information gained by a lawyer while participating in an approved lawyers assistance program is not subject to the disclosure requirements of Rule 8.3. This confidentiality encourages lawyers to seek help without fear that their participation will trigger mandatory reporting obligations.
Supporting sources
Why do states maintain lawyer assistance programs with confidentiality guarantees?+
States create these programs to encourage lawyers with substance abuse or addictive behaviors to obtain counseling and treatment. Confidentiality is essential so that lawyers will participate and share their experiences without risking professional discipline based on information disclosed in the program.
Supporting sources
TortsOther torts · Claims based on misrepresentations, and defensesUBEFoundational