Colleague in Crisis?
The Bystander Effect
The bystander effect is a construct of social psychology that postulates people tend to offer help to someone suffering if they alone could help, but won't be so ready to assist if there are others who could also help. If many are in a position to help, there is a greater diffusion of responsibility, creating more ambiguity, which makes everyone less likely to address the issue.
Humans are social creatures. We like to help others, but we are also are reticent to "jump in" for fear of overstepping boundaries, or inviting conflict. In the context of SUD, the bystander effect often results in protracted inaction - "Someone else must be dealing with her booze problem, its not really my place. This is an HR issue, not something I am going to get involved with. His wife has to know, and she's the one who should be getting him help, etc."
Unfortunately, the bystander effect is an all to common phenomenon in the practice of law. The vast majority of law firms don't have efficacious policies and procedures in place to adequately identify and help those suffering from SUD. Employee Assistance Programs are often the primary mechanism firms rely upon to identify and help their afflicted colleagues. Standard EAP programs are largely ineffectual in identifying and ensuring treatment of addicted legal professionals (See Limitations of EAPs).
The demographics of the practice of law are another complicating factor. Data for 2019 (last year figures were published) show that 32% of lawyers are sole practitioners. Those with SUD who don't work with a colleague are far more likely to progress to later stages of addiction. If an attorney becomes aware of another lawyer who has a substance abuse issue, the best course of action is to contact professionals, or the lawyers assistance program. It is far too easy to do nothing and succumb to the bystander effect. SUD problems often need professional intervention. The integrity of the legal profession requires that we help our colleagues who need help, to avoid harm to the public. Depending on the jurisdiction and circumstances, the RPCs may impose a reporting duty, even in the absence of a professional affiliation.
Another complicating factor is that we addicts are exhausting. Our behaviors have generally devolved to a point where others are justifiably sick and tired of us, and those in the best position to offer help have often distanced themselves. Addicts, especially afflicted attorneys, are also masterful at intellectualizing, rationalizing and manipulating, Its usually not until there is some serious precipitating crisis event that affects the monetary interest, reputational standing, or ethical obligations of the firm, that the requisite help is sought. Proactive, early intervention is always best, but at whatever stage of progression, getting the right help is critical.
If you know of a colleague in crisis, we implore you to please contact us, or your state's lawyer's assistance program. Don't fall into the bystander effect paradigm. SUD is very treatable if properly confronted. Addiction is highly destructive, and ultimately deadly, if allowed to fester.
All inquires are strictly confidential. We're here to help.