What Every Supervising Attorney Must Know About Substance Abuse: Ethical Duties

Substance use disorder affects attorneys at rates significantly higher than the general population, yet most managing and supervisory lawyers remain unaware of the concrete ethical duties the Rules of Professional Conduct impose when a colleague is impaired. Under California RPC Rules 1.3, 1.16, 5.1, and 8.3, analyzed through the framework of ABA Formal Opinion 03-429, partners and supervisory attorneys bear affirmative obligations to recognize impairment, implement reasonable organizational protocols, and take appropriate action. That starts with knowing what to look for. This program covers how to identify the signs and symptoms of substance use disorder in a colleague, what intervention and reporting steps satisfy the standard of reasonable efforts, and how to implement organizational protocols that fulfill the firm's ethical duties. Attendees will leave with a concrete understanding of their ethical exposure and practical tools for fulfilling their duties without aggravating the situation for the affected attorney.