Can I Lose My License To Practice Law If I Go To Rehab?

You will not lose your license to practice law simply for seeking treatment for addiction; it is only when your substance use has led to professional misconduct or impaired your ability to competently represent clients that disciplinary action may be considered.

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What Do I Do If I’m A Lawyer With An Addiction?

Entering addiction treatment is often a concern for lawyers struggling with substance use disorder. You may fear a connection between addiction and your law license being suspended or revoked. Because being an attorney requires following strict guidelines, including personal standards, there may be some circumstances in which you face professional consequences.

However, it is crucial to understand those circumstances may vary according to the state in which you practice law. Many times, seeking treatment for an addiction is recommended and not punished, meaning you are not at risk of losing your law license due to addiction.

No matter what the outcomes of your professional licensure are, your health is the most critical factor. If you don’t seek treatment, you face more severe risks. Seeking treatment can save your life, giving you ample time to address any professional concerns.

Can I Be Disbarred Because Of My Addiction?

According to the American Bar Association (ABA), every lawyer with an addiction has a situation that is different from others. Each person’s unique factors play a role in what happens when an attorney develops a substance use disorder.

The ABA reports alcohol and drug use is prevalent among attorneys. They joined in a study with the Hazelden Betty Ford Foundation that found 20.6% of the lawyers participating reported they struggle with problematic drinking.

In this report, they detail disciplinary actions for numerous attorneys who received DUIs. The actions differ for each individual, depending on their specific circumstances. None of the consequences resulted in disbarment; only temporary suspensions were imposed, even in cases where the attorney went to prison.

It is impossible to guarantee that going to rehab will or will not affect your license due to the varying factors involved in such an important decision. However, avoiding treatment and continuing substance abuse will lead to adverse consequences personally and professionally.

Disciplinary Action For Lawyers With Substance Abuse Issues

According to the American Bar Association’s Model Rules of Professional Conduct, Rule 8.4(b) for Discipline and DUI is one example of how the ABA will apply consequences for an attorney misusing alcohol or drugs and acquiring legal consequences. In most cases, discipline occurs when one or more of the following are present:

  • Multiple DUI offenses
  • Additional non-DUI offenses
  • Behavior that negatively affects clients
  • Injury or death caused by impaired driving

Another factor to be assessed is how an addiction impacts your ability to do your job. Model rule 1.16(a)(2), the ABA can petition a court to determine if you are incapacitated and unable to perform your duties because of mental illness or addiction. You will be required to undergo evaluations from medical professionals, and based on the results, further action will be recommended if it is found that substance abuse impairs your abilities.

Even then, you are not necessarily suspended or disbarred. The board will make a recommendation from Rule 10, which can include any of the following:

  • Private informal sanction by a disciplinary council
  • Private reprimand by the board with or without probation
  • Public reprimand by the board with or without probation
  • Probation under the supervision of the board
  • Public censure with or without probation
  • Suspension for a period not exceeding five years
  • Revocation of license based on Rule 203(b)
  • Disbarment

Individualized conditions can be attached to any of these disciplinary actions by the board. For example, one condition that is often recommended for attorneys with an addiction is to enter drug and alcohol treatment for a specific period.

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What To Know As A Lawyer Before Starting Your Recovery

As a lawyer, it’s important to educate yourself on treatment options, length of treatment, and preferred therapies to help you overcome your addiction and maintain recovery.

Treatment Options

Many different addiction treatment options exist, and starting your journey with the right one can increase your chances of a successful recovery. To determine the type of treatment you need, a licensed professional can assess the severity of your problem and recommend a suitable treatment plan. Treatment options may include:

Every treatment plan is unique, as there is no one-size-fits-all program. The most successful recoveries involve an integrative treatment plan within a continuum of care, typically progressing from high to low intensity.

Length Of Time In Treatment

Depending on your recovery needs, it is crucial to avoid quitting treatment too early. Some think detoxing from drugs or alcohol is enough treatment. However, they quickly find they haven’t learned the coping skills necessary for recovery.

Consider recovery an educational program similar to law school, where the more classes you take, the better equipped you become to perform your duties. The more recovery skills you gain in treatment, the better you will be at avoiding relapse. Your substance use disorder did not develop overnight, and neither will your recovery.

Co-Occurring Disorders

It is common to enter treatment and learn that you have an underlying mental health disorder, which likely contributed to your addiction. Common dual diagnoses include:

Treating co-occurring disorders simultaneously is crucial to avoid one becoming a relapse trigger for the other. Treatment centers offer co-occurring disorder programs.

Recovery Support

Support from friends, family, and peers is essential to staying focused and on track during recovery. Family and friends are often adversely impacted by addiction. If this is true in your case, they should also consider seeking treatment. Not only to overcome the impact but to learn how to support your recovery so they do not unintentionally trigger you to relapse.

Peer support is included in all treatment programs and is available at both inpatient and outpatient levels. Group therapies, 12-step facilitation groups, and community support groups can help you feel less alone and teach you strategies to stay sober.

Can I Keep My Treatment Private?

Confidentiality is paramount in recovery treatment. It is so essential that there are laws protecting your privacy rights. The U.S. Department of Health and Human Services requires that treatment facilities and professionals adhere to the Health Insurance Portability and Accountability Act (HIPAA) regulations. They cannot share information in your treatment record without your consent, including:

  • Identity
  • Diagnosis
  • Prognosis
  • Treatment modalities
  • Training
  • Rehabilitation
  • Research

Your treatment team may ask if you wish to share your information with anyone, and you have the right to decline. You can also limit what you share, choosing which parts of your record to release. Even if you feel pressured by an employer or family member, you can decline to share. Violation of HIPAA policies can result in substantial fines and potential legal charges.

Does An Attorney Have To Inform Their Clients That They Are In Rehab?

Entering treatment is a personal choice. Whether or not you disclose this to your clients is also a personal choice. You are not required by law to disclose your personal addiction history or plans for recovery to people who have hired you to represent them in a legal matter.

Substance Abuse In The Legal Profession

Studies show that substance abuse is an issue in the legal profession. In a study published in the Journal of Addiction Medicine, 11,278 attorneys answered questions regarding substance abuse. Results showed the following:

  • 25.1% of males reported substance abuse
  • 15.5% of females reported substance abuse

Participants reported they use substances every week, including:

Of the males and females with problematic substance abuse:

  • 23.4% worked in private law firms
  • 19% had a private practice
  • 19% worked for the government
  • 31% were junior associates
  • 26.1% were senior associates
  • 23.6% were junior partners
  • 18.5% were senior partners

Results of the National Lawyer Survey published in the Journal of Occupational and Environmental Medicine report many lawyers have mental health issues that may accompany substance abuse, including:

  • 28% experienced depression
  • 19% experienced anxiety
  • 14% experienced burnout

Researchers agree that treating mental health issues may decrease the amount of substance abuse among lawyers. Learning how to cope with the stressors of the profession benefits the lawyer, their family, and their clients.

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Addiction Treatment For Lawyers

Once you begin treatment, whether at the inpatient or outpatient level, you will be expected to participate in evidence-based therapies through individual and group activities. Some of the therapies include the following:

Medication

Prescription medications have many uses for individuals in treatment. They can ease withdrawal symptoms, stabilize you physically and mentally, and reduce cravings for alcohol or drugs.

Treatment medications approved for withdrawal treatment and management include drugs for alcohol and opioid use disorders. For alcohol withdrawal, doctors may prescribe:

For opioid use disorders:

For other substance use disorders, doctors will treat your specific symptoms with general medicines. For example, anti-nausea medicine for nausea and vomiting.

Behavioral Therapies

Behavioral therapies are a crucial part of recovery treatment. It is where you learn how to change thought patterns and behaviors that lead you to misuse drugs or alcohol. You learn specific skills to help you avoid triggers, regulate your emotions, cope with challenges, and prevent relapse. Examples of behavioral therapies include:

Behavioral therapies may include alternative therapies, like yoga, meditation, fitness, nutrition, art therapy, music therapy, or acupuncture. Your treatment plan will be tailored to your needs and preferences.

How To Balance Recovery And Your Law Career

You can have a successful career, family, and social life without using drugs or alcohol. While in treatment, you will learn the skills necessary to achieve this goal. Some of the most essential tools you will use daily involve implementing the following:

  • Prioritizing your health and recovery
  • Setting healthy boundaries at work, home, school, and socially
  • Creating structure and routines
  • Managing stress
  • Recognizing and avoiding triggers
  • Building and accessing your support team

Without these skills, you may quickly find yourself feeling overwhelmed, burned out, and considering a relapse to cope. Instead, implement the tools you learn and ask for help when needed. You may want to continue check-in sessions with a therapist after you complete treatment.

Drug And Alcohol Rehabs For Legal Professionals

If you’re a lawyer struggling addiction, you may want to consider many types of treatment centers. You may want to consider entering a luxury rehab facility for the elevated amenities and locations. Other options include gender-specific and faith-based treatment options.

If you’re ready to start your recovery journey and would like to learn more about your treatment options, contact a treatment provider today risk-free.

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