By Rick Gilborn, President, Alberta Lawyers Assist Program

A recent study by the Oregon Attorney Assistance Program (OAAP) has demonstrated the truth of a belief long held by most insurers, state bars, and assistance programs: that getting lawyers into recovery saves lives and dollars. (The Oregon Attorney Assistance Program, funded by the Oregon State Bar Professional Liability Fund, provides a broad range of services to Attorneys, including assistance with alcoholism and chemical dependency.)

The OAAP study involved 55 recovering lawyers who were in private practice for five years before and five years after their sobriety dates. The first portion of the study examined the incidence of malpractice claims for that ten-year period, while a second portion looked at discipline complaints

During the five years before sobriety, these lawyers had 83 malpractice claims filed against them, whereas the number dropped dramatically - to 21 claims - in the five years after sobriety. This represents a 30 percent annual malpractice claim rate before sobriety, and an 8 percent rate after sobriety.

The same lawyers had 76 discipline complaints during the five years before sobriety and 20 discipline complaints during the five years after sobriety. This represents a 28 percent annual discipline complaint rate before sobriety, and a 7 percent discipline complaint rate afterwards. These statistics show that malpractice and discipline complaint rates for lawyers before recovery are nearly FOUR TIMES GREATER than those in recovery.

Lawyers in recovery also have LOWER malpractice and discipline complaint rates than the general population of lawyers. In Oregon, the current annual malpractice claim rate for lawyers in private practice is 13.5 percent, compared to 8 percent for lawyers in recovery. The current annual discipline complaint rate for Oregon lawyers is 9 percent, compared to 7 percent for lawyers in recovery.

The Alberta Lawyers Assist Program believes Oregon’s study has direct application in Alberta. Oregon is the only US state which has mandatory legal malpractice insurance. It is instructive that OAAP is entirely funded by the State’s insurance program on a loss prevention basis. Assist in Alberta continues to make the case to the Benchers that more funds are required to set up a program similar to what occurs in Oregon. We would appreciate your support in that endeavor.

President, Alberta Lawyers Assist Program

  Office    (403) 262-3000
  Email     rgilborn@caronpartners.com
  FAX     (403)237-0111