Wisconsin Lawyer
Vol. 83, No. 12, December 2010

The Office of Lawyer Regulation (OLR) and the Wisconsin Lawyers Assistance Program (WisLAP) have distinct functions and operate in separate arenas. The OLR’s charge is to assist the Wisconsin Supreme Court in protecting the public from attorney misconduct. WisLAP, a member service of the State Bar of Wisconsin based on the lawyers-helping-lawyers concept, offers assistance to attorneys struggling with addictions or mental illness.

“A total firewall has always existed between OLR and WisLAP,” says Linda Albert, WisLAP coordinator. That’s for good reason. Lawyers seeking help need the promise of confidentiality.

But the lack of any communication between the OLR and WisLAP has always had a downside. When the OLR became aware of lawyers in trouble, it couldn’t directly draw on WisLAP’s expertise to help those attorneys.

That changed when the Wisconsin Supreme Court adopted a petition, effective July 1, 2010, that allows the OLR to refer lawyers to WisLAP for assessment, treatment, and monitoring. “The volunteers at WisLAP are well trained and have experience in doing monitoring,” says Keith Sellen, OLR director. “We think this program will be more effective in helping more lawyers.”

The new rule, SCR 21.03(9), allows the OLR to refer a lawyer to WisLAP in four circumstances:

• a lawyer agrees to enter an alternative-to-discipline program;

• a lawyer is subject to conditions to seek license reinstatement;

• a lawyer has pleaded impairment or medical incapacity in response to a complaint or investigation; or

• a lawyer has exhibited or engaged in other behavior that provides a reasonable belief the lawyer may be impaired or incapacitated.

The support and monitoring program is a separate service within WisLAP, Albert explains. “WisLAP still has the peer assistance program, which is completely confidential,” she says. “No information is shared with OLR.” This differs from the monitoring program, in which WisLAP needs to consult with and report back to the OLR about an attorney’s progress.

“States that have engaged in monitoring programs such as this show a 90 percent or better compliance rate among referred attorneys,” Albert says. “Attorneys have said, ‘This was good for me.’”

“In certain situations, lawyers may need a nudge to get the necessary help,” Sellen says. “With the new program, more lawyers may get help earlier. That can prevent harm to the lawyer and others who may be involved, whether they’re clients, coworkers, or family members.”

Wisconsin Lawyer