On Demand

Risk, Regulation & Resilience: Linking Malpractice, Competence, and Attorney Well-Being


Created on March 30, 2021





Mental health and substance use disorders can affect any attorney, in any setting, and at any time. Left untreated, they can destroy careers and lives. This program, taught by Tracy Kepler, the Risk Control Director for CNA's Lawyers Insurance Program, will discuss where the legal profession currently stands in relation to the historically substantial challenges presented by mental health and substance use disorders and examine the nexus between ethical competence and attorney well-being. This program will educate attendees on how to recognize the impaired attorney, how to approach the conversation with a colleague and discuss the possible disciplinary and professional liability implications of an impaired attorney's conduct. 

In addition, the speaker will present best practices/effective risk management approaches, preventative measures, and proposed policy and well-being initiatives that attorneys in any practice setting may implement to protect clients as well as save careers.

Learning Objectives:

  1. Implement and use strategies for speaking with a colleague who may be impaired
  2. Identify and evaluate the possible disciplinary implications of the impaired colleague, including possible reporting obligations
  3. Examine the nexus between ethical competence and attorney well-being and learn some jurisdictional updates to Rule 1.1 of the Model Rules of Professional Conduct
  4. Minimize risk around attorney well-being issues 

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