Substance Use Disorders are defined as “Chronic, relapsing disorders characterized by compulsive drug seeking, continued use despite harmful consequences, and long-lasting changes in the brain. Recurrent use of alcohol and/or other drugs that causes clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home.
For many attorneys and law firms, Alcohol and Cannabis use is part of law office culture. They are acceptable ways to cope with a high stress career where most people overwork.
Substance Use Disorders (”SUD”) are estimated to be involved in 90% of serious disciplinary matters, 60% of attorney discipline prosecutions, and 60% legal malpractice claims.
This course is designed to improve your awareness of alcohol and cannabis SUDs in yourself and others. In this 1 hour program, Actualis will show you communication strategies and companywide policies to help attorneys with alcohol and cannabis SUD get help and become successful.
Research shows that Attorneys with SUD can heal and transform their behavior. However, the work required to manage SUD is massive, and requires total dedication. The Attorney who seeks to succeed needs support from professionals, family, friends and the workplace. So if you suspect another attorney has a SUD, you will need to communicate quickly, establish guidelines and accountability, and determine their level of commitment to transformation.
Unlike other professions, attorneys have critical ethical duties and burdensome competency requirements that demand high levels of personal performance, year in and year out. Failure to properly perform any of these broad mandates can lead to complaints, public reprimands, suspension and debarment. In order to thrive in this environment, you must master the fundamentals of Leadership, Management, Finances, Physical Health and Mental Health.
Attorneys who have alcohol and cannabis SUD are not likely to be able to perform these complex duties competently. Some might need a small course correction, while others might have to undergo a thorough transformation. Attorneys with supervisory responsibilities must comply with Model Rule 5.1 or face discipline themselves, if they suspect attorneys have alcohol or cannabis SUD. Supervising attorneys share liability with the Attorney with SUD unless they make reasonable efforts to bring those attorneys into compliance with the mandatory duties, that are some of the most demanding of any profession, and include:
- Competence (Model Rules 1.1)
- A lawyer shall provide competent representation to a client.
- Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.
- Diligence (Model Rules 1.3)
- A lawyer shall act with reasonable diligence and promptness in representing a client.
- Communication (Model Rules 1.4)
- A lawyer shall obtain informed consent
- A lawyer shall keep client reasonably informed.
- A lawyer shall comply with reasonable requests for information.
- Conflict of Interest (Model Rules 1.7)
- Representation must not be limited by a personal interest of the attorney
- Safekeeping Property (Model Rules 1.15)
- Duty of trustee for client monies
- Declining or Terminating Representation (Model Rules 1.16)
- When a lawyer’s health (mental or physical) interferes with their ability to practice effectively, they have an ethical duty to step down.
- Expediting Litigation (Model Rules 3.2)
- A lawyer shall make reasonable efforts to expedite litigation
consistent with the interests of the client
- A lawyer shall make reasonable efforts to expedite litigation
- Misconduct (Model Rules 8.4)
- Lawyers cannot Commit a criminal act that reflects adversely on the honesty,
trustworthiness, or fitness as a lawyer. This includes DUI and Illegal drug use or possession
- Lawyers cannot Commit a criminal act that reflects adversely on the honesty,
Attendance, job performance, and erratic behavior are issues that cannot be ignored. It is obvious that most attorneys cannot meet these challenges, and even harder for attorneys with SUD. When compared to the general population, attorneys suffer from twice as many incidents of substance use disorders and mental health issues. Furthermore, increasing numbers of attorneys are being disciplined, sued and incarcerated for wrongdoing in their roles as lawyers.
All attorneys start out wanting to be successful. However, each attorney is unique. For this reason, in order to have a long and truly successful career in the law, you have to first understand yourself and your relationship to drugs and alcohol. All attorneys have blind spots, so it is critical to learn how to communicate with those who are suspected of having a SUD. Alcohol and cannabis use can be socially acceptable, and difficult to talk about. It is normal to feel frustrated and struggle in mastering these fundamental areas of communication and reprimand competence. It is painful, humiliating and inevitable to make mistakes as a lawyer, so using tools that improve your leadership, communication and decision making gives you a big competitive advantage.
The improved outcomes of learning how to communicate based on personality styles is proven by research in the areas of neuroscience, psychology, and organizational development. Engaging with these concepts and practices necessarily create powerful results for you in these crucial conversations. Managing attorneys with alcohol and cannabis SUD is easier thanks to personality assessments and assessing your emotional intelligence.
After your training, schedule your 15-minute Discovery Session with me to clarify your goals, identify your challenges in achieving your goals, and brainstorm strategies to overcome your challenges.
REQUIRED PRE-WORK (15 minutes)
Take the free Emotional Intelligence test
https://www.psychologytoday.com/us/tests/personality/emotional-intelligence-test
We require you take a DISC personality style assessment before this training. You can take a basic free test DISC assessment at 123 Test https://www.123test.com/disc-personality-test/
RECOMMENDED READING
Unbroken Brain, Maia Szalavitz
Memoirs of an Addicted Brain, Marc Lewis
Emotional Intelligence, Daniel Goleman
SCHEDULE:
| TIME | SUBJECT | PARTICIPANT TASKS |
| 0:00 – 5:00 | Overview of Program Outline – | Slides |
| 3:00 – 10:00 | Introduction and personal story of how to deal with attorneys with SUD on alcohol and cannabis. | Slides |
| 10:00 – 15:00 | Model Rules – Your Wellness, Your Competency and Your Ethics | DOC 1: Model Rules ASSESSMENT QUIZ #1: Determine your area of focus DOC 2: Operations Manual on Drug Use. |
| 15:00 – 35:00 | The use of DISC personality style assessment to communicate with other styles. Know your level of Emotional Intelligence to prepare for success. | Slides DOC 2: Sample free DISC assessment results – 123 Test DOC 3: Sample paid DISC assessment results – Wiley ASSESSMENT QUIZ #2: EQ Test |
| 35:00 – 55:00 | WIR-LA Conflict and Accountability communication | Slides DOC 4: WIR-LA practice sheets |
| 55:00 – 60:00 | Change Management, Accountability and Support – Recovery Resources | Slides |
| 60:00 – 65:00 | CONCLUSION | ASSESSMENT QUIZ #3 PROGRAM FEEDBACK DELIVERY OF CERTIFICATE |
ABOUT ACTUALIS ATTORNEY WELLNESS AND MARK C. DALY:
Even before becoming an attorney in 1999, I learned how to develop my personal and professional skills by attending workshops, educating myself, getting peer support, and hiring professional coaches and therapists. I learned how to bring out the best in myself, my companies and the teams I supervised in my legal career. Over the past 20 years I have become a certified professional coach and a certified Shadow Work ® coach and facilitator. I am a Registered, Non-Licensed Therapist in the State of Colorado with strict duties of confidentiality, which is very necessary when working with attorneys! I have taken courses in Voice Dialogue, Gottman Marriage Counseling and Emotionally Focused Therapy. I have used these skills to coach executives, managing and associate attorneys, as well as support staff, to become more satisfied and successful practicing law. Since 2004 I have been a registered CLE provider. I have coached and mentored dozens of attorneys in law office start up, practice management, and immigration law fundamentals.
I have been an immigration attorney for 26 years. In the beginning, I struggled financially, emotionally, physically and spiritually. I have been married, divorced, and finally remarried in 2010. As a single dad dealing with a traumatic divorce, I know what it is like to mismanage a law office, break rules of competence and act unethically. Through it all, I have managed to learn from my mistakes and gain mastery in the 5 fundamental areas of attorney wellness – Leadership, Management, Finances, Mental Health and Physical Health. I twice started, built up, managed, and sold successful law practices in Nashville and Denver, and now I am financially free. I maintain excellent and loving relationships with my wife and grown children, and I have a great relationship with my extended family and even my ex-wife! In 2025, my wife and I went on a one-year sabbatical around the world to learn, grow, relax and enjoy life. I gained a better understanding of myself, and decided to become an inactive attorney and launch Actualis Attorney Wellness. My primary aim is to help attorneys feel good, enjoy life, and do the right thing.
Emotional intelligence affects:
Your performance at school or work. High emotional intelligence can help you navigate the social complexities of the workplace, lead and motivate others, and excel in your career. In fact, when it comes to gauging important job candidates, many companies now rate emotional intelligence as important as technical ability and employ EQ testing before hiring.
Your physical health. If you’re unable to manage your emotions, you are probably not managing your stress either. This can lead to serious health problems. Uncontrolled stress raises blood pressure, suppresses the immune system, increases the risk of heart attacks and strokes, contributes to infertility, and speeds up the aging process. The first step to improving emotional intelligence is to learn how to manage stress.
Your mental health. Uncontrolled emotions and stress can also impact your mental health, making you vulnerable to anxiety and depression. If you are unable to understand, get comfortable with, or manage your emotions, you’ll also struggle to form strong relationships. This in turn can leave you feeling lonely and isolated and further exacerbate any mental health problems.
Course Content
Course Includes
- 1 Lesson