Local Rule LCvR 83.20: LAWYER COUNSELING

LCvR 83.20 LAWYER COUNSELING

(a) REFERRAL OF ATTORNEYS FOR COUNSELING.

Judges or the Committee on Grievances may refer to the Lawyer Assistance Program (LAP) or other similar program of the District of Columbia Bar any attorney who is a member of the Bar of this Court who, in the judge's or the Committee's opinion, would likely benefit from the services offered by the LAP or the Practice Management Advisory Service (PMAS) of the D.C. Bar on matters of mental health, substance abuse, ethics or practice management. The Judge, the Committee, or a designee of the Court, will notify both the LAP manager and the attorney of the referral and the basis therefor. The referral shall be confidential. The LAP manager shall conduct intake and counseling and make other appropriate referrals, including, as appropriate, to the PMAS.

(b) CONFIDENTIALITY.

Participation in the LAP and PMAS programs by referred attorneys shall be voluntary; any conversations between the referred attorney and representatives of the LAP or PMAS shall be confidential within the scope of D.C. Rule of Professional Conduct 1.6(i) and (j), and shall not waive any attorney client privilege; and shall be confidential within the scope of 42 U.S.C. Sec. 290dd-2 and federal regulations governing Confidentiality of Alcohol and Drug Abuse Patient Records [42 C.F.R. Part 2]. The LAP and PMAS will make no findings or report of its action as to any referred attorney, other than a report to the referring judge, the Committee on Grievances, or a designee of the Court as to whether the attorney did or did not participate in counseling or practice management assistance. All documents, records, reports, correspondence and communications relating or referring to referrals to the LAP or the PMAS of the D.C. Bar shall remain confidential and privileged and shall not be disclosed except by order of the Chief Judge (or the designee of the Chief Judge.

(c) FEES.

An attorney referred to the LAP and/or PMAS who is not a member of the D.C. Bar will be required to pay fees for services provided by LAP and/or PMAS, as set forth in a rate schedule agreed upon by the D.C. Bar and the Court.

(d) IMMUNITY.

All persons engaged in such counseling, evaluating or monitoring of other attorneys pursuant to a referral from this Court, and all assistants or employees of persons engaged in such counseling, evaluating or monitoring shall be immune from disciplinary complaint and from civil suit for any conduct in the course of their official duties.

COMMENT TO LCvR 83.20 (2019): This rule was revised in its entirety to permit Judges or the Committee on Grievances to refer D.C. Bar attorneys to the Lawyer Assistance Program or Practice Management Advisory Service of the District of Columbia Bar.