If you suspect that a partner has an issue with alcohol that is affecting their work, it is a delicate yet urgent matter that requires careful handling. Addressing this situation with professionalism, discretion, and adherence to legal and ethical guidelines is essential for the well-being of the partner, the staff, and the firm as a whole. Here’s how to approach this challenging issue.
1. Recognizing the Signs of Alcohol Impairment
- Missed deadlines or declining work quality
- Frequent tardiness, early departures, or unexplained absences
- Slurred speech, unsteady movements, or the smell of alcohol
- Erratic behavior, mood swings, or uncharacteristic irritability
- Complaints from staff or clients about unprofessional conduct
2. Documenting Observations and Concerns
- Keep a confidential record of specific incidents and behaviors.
- Note dates, times, and any direct impact on clients, staff, or case outcomes.
- Gather input from trusted colleagues, but avoid speculation or gossip.
- Focus on objective workplace concerns rather than personal judgment.
3. Understanding Legal and Ethical Obligations
- Review firm policies on substance use and professional conduct.
- Consult with HR and legal counsel regarding firm liability and compliance.
- Be aware of any state bar association rules regarding attorney impairment and reporting obligations.
4. Addressing the Issue with the Partner
- Schedule a private, respectful meeting to discuss concerns.
- Express your observations based on documented facts.
- Offer support and resources, such as an Employee Assistance Program (EAP) or confidential counseling.
- Reinforce the importance of protecting clients and upholding ethical standards.
5. Encouraging Professional Evaluation and Treatment
- Suggest a professional assessment by a lawyer assistance program (LAP).
- Provide information on confidential support services.
- Encourage voluntary participation in treatment or rehabilitation programs.
- Set clear expectations regarding workplace performance and behavior.
6. Safeguarding Clients and the Firm
- Implement temporary leave or case reassignments if necessary.
- Monitor performance and adherence to recovery plans upon return.
- Maintain confidentiality while ensuring compliance with ethical obligations.
- Prepare contingency strategies to protect client interests and maintain firm stability.