The Chilling Effect on Self-Reporting: Ethics, Rehabilitation, and Attorney Misconduct

This course explores the chilling effect experienced in self-reporting practices and delves into three notable cases that exemplify this phenomenon. Specifically, the course focuses on the challenges faced by attorneys who self-report misconduct due to drug-related issues and the potential disbarment they may encounter despite their ethical obligations.

Participants will examine strategies to foster self-help and support for attorneys, evaluating whether the current approach inadvertently drives addiction problems further underground. Participants will engage in critical discussions and explore strategies to encourage self-help, support, and the creation of a more supportive environment that addresses attorney addiction problems while upholding professional standards and accountability.

Furthermore, the course delves into the distinction between ethics and criminal punishment, considering the goals of restoring the legal profession, deterring misconduct, and addressing retribution and deterrence. Through in-depth discussions, participants will analyze potential reforms to disciplinary measures, explore best practices, and identify ways to create a more supportive environment that effectively addresses attorney addiction problems while maintaining professional accountability.

This course is designed to provide attorneys, legal professionals, and ethics experts at any level of practice with a comprehensive understanding of the complexities surrounding self-reporting, rehabilitation, and attorney misconduct within the legal profession.

Learning Objectives:

• Evaluate the concept of the chilling effect on self-reporting within the legal profession and its implications for attorney misconduct
• Analyze three prominent cases that exemplify the challenges faced by attorneys who self-report misconduct related to drug problems
• Evaluate the ethical and professional obligations of attorneys in self-reporting misconduct and recognize the potential consequences, such as disbarment
• Explore strategies to encourage self-help and support for attorneys facing addiction issues, fostering a more rehabilitative approach to misconduct
• Examine the differences between ethics, focused on restoring the integrity of the legal profession and deterring misconduct, and criminal punishment, centered on retribution and deterrence
• Navigate the ethical landscape and balance the goals of restoring the profession, promoting accountability, and providing opportunities for rehabilitation
• Discuss potential reforms to disciplinary measures that can promote rehabilitation while maintaining professional standards and accountability
• Identify best practices and support systems that can aid attorneys in self-reporting misconduct and seeking help for addiction-related issues
• Analyze the potential impact of creating a more supportive environment for self-reporting on addressing attorney addiction problems effectively
• Engage in critical discussions and explore viable solutions to navigate the tensions between self-reporting, ethics, rehabilitation, and attorney misconduct

Course Time Schedule:

Eastern Time: 6:00 PM - 7:00 PM
Central Time: 5:00 PM - 6:00 PM
Mountain Time: 4:00 PM - 5:00 PM
Pacific Time: 3:00 PM - 4:00 PM
Alaska Time: 2:00 PM - 3:00 PM
Hawaii-Aleutian Time: 1:00 PM - 2:00 PM