On Demand Audio

When the Impaired Lawyer Comes to Work

(4k+ reviews)

Produced on July 12, 2016

Taught by
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Course Information

Time 1h 35m
Difficulty Intermediate
Topics covered in this course: Ethics

Course Description

Addiction knows no socioeconomic boundaries. In fact, attorneys have a higher addiction rate than the general population. Studies show that at least 10% of attorneys have some substance abuse problem. Some studies suggest the number may be as high as 15%.

While addiction may know no boundaries, impaired attorneys create special challenges. Attorneys may be more resistant to change because of the fear of losing control (even when they are already out of control). They also often have more difficulty asking for help.

However, we cannot be afraid to confront them. Because of their positions, they can wreak havoc. Substance abuse is one of the top causes of malpractice. Further, attorneys who abuse substances often abuse the staff who work for them, exposing the employer to employment claims.

Yet, confronting professionals is not risk free either. The ADA makes direct confrontations of lawyers (who are employees) dicey. Ironically, the “regarded as” prong of the ADA may be used to challenge kind-hearted and factually-accurate interventions.

This program focuses on the persistent problem of substance abuse in our profession and how to balance the various rights and risks. The program discusses some of the more salient issues from 3 perspectives: the employer or law firm, the impaired attorney and by-standers who may want to help but are not sure what to do. Ethical issues that surround workplace substance also are explored.

 

Learning Objectives:

I.     Appreciate the scope and impact of the problem of substance abuse in the legal profession

II.    Understand the rights, risks, and responsibilities of firms and other employers in addressing actual or potential abuse

III.   Develop strategies for getting help, or for helping a colleague get help

Credit Information

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Faculty

Jonathan A. Segal

Duane Morris LLP

Jonathan A. Segal is a partner at Duane Morris LLP in the Employment, Labor, Benefits and Immigration Practice Group. He is also the managing principal of the Duane Morris Institute. The Duane Morris Institute is the educational arm of the Employment Group. It delivers on-site training, webinars, on-demand training, and e-training for human resource professionals, in-house counsel, and other leaders.

Previously a litigator, Jonathan’s practice focuses on:

  • Counseling, strategic planning, leadership training and policy development with regard, to among other issues:
    • COVID-19 and health and safety; 
    • Sexual and other unlawful harassment;
    • International compliance plans;
    • Gender and other pay equity;
    • FLSA/wage and hour compliance;
    • Implicit bias in general and disrupters in particular; 
    • Diversity, inclusion and belonging (with emphasis on gender and race);
    • Impaired professional
    • Social media;
    • Background checks;
    • Performance development and management;
    • Reductions in force;
    • Recruiting/interviewing/hiring;
    • Violence in the workplace;
    • Investigating EEO and other claims;
    • Attorney-client privilege;
    • Employment policies and handbooks; and
    • Technology and privacy.
  • Administrative charges, for example, discrimination, harassment, retaliation and failure to accommodate charges as well as wage and hour charges before federal, state and local agencies.
  • Mergers & Acquisitions, for example: legal and cultural due diligence; bargaining issues with the union, if any; drafting representations and warranties; reconciling employment policies and practices to minimize legal risks and to ensure cultural compatibility; implementing reductions-in-force as necessary; and drafting stay bonuses, as appropriate (either before or after closing).
  • Privileged audits, for example climate surveys (harassment); wage and hour compliance; gender and other pay equity; union susceptibility; and diversity and inclusion (unconscious and systemic barriers).
  • Agreements, for example, business protection agreements (such as non-competes); confidentiality agreements, employment agreements, independent contractor agreements, and recruiter agreements.
  • Traditional labor, for example union prevention programs, union election campaigns, collective bargaining, contract interpretation and management rights training.

Jonathan is a member of Duane Morris’ COVID Strategic Task Force.  Jonathan delivered his first webinar on COVID-19 in the first week of February 2020, one of the first, if not the first, webinar for employers in the country.    .

Jonathan has served for 20 years as a consultant to the Federal Judicial Center in Washington, D.C., providing training on employment issues to federal judges around the country. The training covers issues judges face not only in court but also in chambers.

Jonathan was appointed in March 2015 by the EEOC to its Select Task Force on Harassment.

Jonathan was cited in and provided background to Time with regard to the 2017 Person of the Year: Silence Breakers. December 2017.

In 2020, for the 11th year in a row, Jonathan also has been named by HRExecutive as one of the nation’s top corporate Employment Attorneys.

In 2020, for the 10th year in a row, Jonathan has been listed in Chambers USA:  America’s Leading Lawyers for Business among the top-rated lawyers for labor and employment in Pennsylvania. Chambers said of Jonathan, “Jonathan Segal is particularly experienced in counseling and training employers on policy development matters.  He is described by a client as ‘the king of making legal answers work in a business context.’  Another client wrote:  “If Superman wore pinstripes, his name would be Jonathan Segal.”

Jonathan is also frequently a featured speaker at national, state and local human resource, business and legal conferences, including conferences sponsored by SHRM and the Pennsylvania State Chamber of Business and Industry. He consistently is one of the top-rated speakers.

Temple University’s Fox School of Business and Management named Jonathan the recipient of its “Outstanding HR Leader of 2013” award. The award recognizes an individual who promotes progressive HR practices and is committed to advancing the profession through educating current and future HR leaders. Jonathan was the first recipient.

Jonathan has been cited as a national authority on employment issues in articles in the The Wall Street Journal, The Washington Post The New York Times, The Harvard Business Review USAToday, Fortune, Philadelphia Inquirer, Associated Press, Reuters, Business Week, The Los Angeles Times, CNN Online, Money, and the Philadelphia Business Journal, among many others.

Jonathan is the Chair of the Pennsylvania Chamber’s Legislative Committee. Jonathan leads the group in providing counseling on pending legislation and in participating in drafting proposed legislation.

Jonathan has testified as an expert for SHRM before:

-The United States Commission on Civil Rights with regard to the Equal Employment Opportunity Commission’s guidance on background checks.

-The Equal Opportunity Commission with regard to the intersections between social media and employment law.

Jonathan has published more than 400 full-length articles and blogs on employment, HR and leadership issues for, among others, SHRM, Bloomberg, Fortune, Chief Executive, Entrepreneur, Philadelphia Business Journal and Talent Culture.

Jonathan was profiled in DiversityInc for efforts in helping organizations increase their inclusiveness relative to diversity, broadly defined.

Jonathan is a member of  SHRM’s Compensation Equity Committee.

Jonathan received his B.A., summa cum laude, from the University of Pennsylvania and his J.D., cum laude, from the University of Pennsylvania School of Law.

Jonathan’s passions include animal rescue, Holocaust remembrance, and psychology. On the fun side, Jonathan remains mad about AMC’s Mad Men and is fortunate to have Bruce Springsteen as his workout partner. Even so, Nina Simone is Jonathan’s favorite musical artist.




Reviews

DM
Doreen M.

Very interesting topic. We did have an employee that was suspected of taking drugs or alcohol at lunch but she quit early on before it could be addressed. As a co-employee, I was unsure how to raise the subject with management.. This program gives me some guidance.

FM
Frances M.

Fascinating!

AL
Adam L.

good discussion on a difficult topic

JM
Julie M.

This should be required viewing for all attorneys. Thank you!

PJ
PHILLIP J.

very well done, presented as a discussion not just a lecture, being read from the power point. Very informative!

MW
Michael W.

One of the best CLE courses I have ever taken -- hands down. Very well organized, informative and interesting.

CM
Cheryll M.

Excellent.

PN
Paul N.

Excellent presentation with significant useful information and content.

JS
Joel S.

Seemed more about protecting the law firm employer than about helping colleagues

KM
Karen M.

Presenter was engaging and did a good job in addressing difficult subject matter.

JP
Juliann P.

Excellent and unique program.

AE
Aditya E.

Excellent presentation!

NC
Nicole C.

Very articulate and engaging.

RB
Robyn B.

Wonderful and thoughtful program about a very serious issue.

CV
CHLOE V.

The presenter was great and kept my attention. He seemed very knowledgeable and gave good examples and details.

AB
Allen B.

Very good, thorough, well-considered discussion, laying out guiding principles with some very useful examples for illustration.

JF
James F.

Outstanding

RW
Rando W.

This speaker was very good; outline real life scenarios vs. what is required by law very well. I was impressed.

SR
Stephen R.

Excellent program and prentation

EA
Elisa A.

Really well done. Very interesting topic. Great presentation.

CB
Caroline B.

Excellent presenter - more from this guy please!

BF
Belinda F.

Great presentation. Great speaker

TG
Teresa G.

This was one of the best CLE’s I’ve listened to this reporting period.

JA
John A.

Mr. Segal was not only knowledgeable and effective, he conveyed a strong sense of compassion for the difficulties involved for all sides of a necessary intervention.

SZ
Stuart Z.

interesting in depth coverage of a current issue

LM
Lynn M.

Very well organized and the delivery was excellent. Thank you.

LD
Lisa D.

Outstanding presentation.

SH
Summer H.

Great information and not repetitive.

AT
Allison T.

This was an extremely thorough discussion concerning impaired attorneys and employees.

SL
Shari L.

very interesting

KU
Kimberly U.

Probably the best Lawline class I have every taken. Excellent!

SA
Shannon A.

This was the most interesting and informative presentation on this topic that I've seen.

DF
David F.

Excellent presentation by the Moderator. Excellent content.

BM
Bonnie M.

Good course; very good presenter.

DS
Debra S.

Very knowledgable speaker

RT
Robert T.

Really enjoyed his presentation since it covers issues I have dealt with professionally and personally.

RK
Raymond K.

Concise well thought out program by a master of the art

JK
Judith K.

Very good course.

SH
Steven H.

very difficult issues. very thorough presentation.

PB
Pamela B.

Very well done. A well organized and presented lectur.

RH
Reesa H.

This speaker took a fairly heavy topic and made it interesting and informative.

RH
Robert H.

Very thorough and informative. Great speaker.

NG
Nadia G.

This was great but the one with Wendy Patrick Lawyers on the Rocks was FANTASTIC! I watched that even though I dont get state credit for it. This was ok too.

BM
Becky M.

Excellent presenter!

KK
Karen K.

This was interesting material.

JF
Jose F.

Excellent presentation and very effective speaker.

PD
Patrick D.

Wow! This guy is fabulous! This is an extremely important topic and this course should be mandatory. He went beyond the legal aspects and gave lots of practical advice. Well done.

JK
Jessica K.

Great presentation; thanks!

DM
David M.

Well presented and informative.

MD
Monica D.

Attorney was knowledgeable and relatable

JK
Jeffrey K.

Fabulous presenter. He really knows what he is talking about.

MD
Maria D.

Unique and comprehensive topic. I liked it

PA
Peter A.

Another example of a highly expert lawyer who is not trading on arrogance, but sincerely interested in communicating risks involved (on both sides) in dealing with various forms of abuse. Thanks.

EP
Eric P.

Great info on ADA as it relates to drug or alcohol problems

AH
Amanda H.

very constructive--clear, matter-of-fact and solution-oriented

SS
Steve S.

Good info

TG
Thom G.

Great course!

RB
ROBERT B.

Compassionate concern about subject.

AP
Ann P.

Good speaker who covered the area well and demonstrated compassion for affected employee/partner as well as protection for clients/firm in this sticky area.

MB
Merry B.

Great information for a subject which normally is avoided. Really appreciate the care and knowledge put into this presentation. Was great as an audio course!

JH
Joseph H.

Good speaker

CF
Craig F.

Clearly a very bright lawyer

DP
Diane P.

Excellent. Very helpful.

AM
Arthur M.

Excellent presentation. Interesting and engaging. Great job!

AS
Anne S.

interesting and thoughtful--Mr. Segal has an engaging way of discussing this topic.

GH
george h.

In my opinion this course was well-presented.

BC
Barbara B. C.

The speaker was very informative and interesting..

JA
Joseph A.

Informative presentation.

KM
Kamran M.

Excellent presentation. Very effective speaker.

GA
Gary A.

Great job.

SD
Sarah D.

Excellent.

JF
Joseph F.

great speaker

JB
Jeffrey B.

ok

MW
Marla W.

very comprehensive

KC
Kristine C.

Excellent, compassionate speaker who knows his subject matter. Engaging. He gets 5s in every category from me.

VW
Vanna W.

Very informative presentation

CE
Corey E.

Thank you.

PM
Paul M.

This was one of the best presenters I've seen on lawline.

ML
Michael L.

The presenter was very knowledgeable and provided a balanced view of the risks.

GS
Gregory S.

Very good presentation

GB
Gary B.

very informative and insightful

DG
Dean G.

Very nicely done -- much more interesting than one would expect from the subject title.

KB
Kathleen B.

This was a top-notch informative presentation with great examples!

TM
Thomas M.

Best CLE class I have taken this year One extremely good point for Virginia attorneys regarding intervention. TGM

LD
Louis D.

This course is excellent. It deals with issues of impairment that we all face in our careers. I wish I had seen this while dealing with this at my firm. It is compassionate while outlining the real issues that one faces in dealing with this problem.

CK
Chris K.

Good practical suggestions, especially concerning interventions.

TB
Taylor B.

Great course!

JK
John K.

Well done.

SA
Senna A.

Great presentation on a situation that is far too common these days. He makes several excellent points, most important in my opinion is that lawyers are not experts in the fields of medicine and addiction. So we should not pretend to be!

RA
Ross A.

Excellent and engaging speaker.

JG
Jamila G.

great job! very interesting topic. very engaging presenter.

DS
Dennis S.

Gave me very useful information on an area I knew nothing about before this course.

JM
Jo M.

Very knowledgeable and helpful presenter!

NF
Nathaniel F.

Excellent course. Should be mandatory for all professionals.

BS
Betsy S.

Very informative and helpful. All attorneys would benefit from this CLE. I will recommend.

CH
Cathie H.

Excellent presenter!

EF
Elizabeth F.

Segal is wonderful

AP
Ariel P.

A very clear and organized presentation.

LO
Lisa O.

Great presentation with many practical suggestions.

RM
Richard m.

Reality check about an important topic that is often ignored. The speaker gave concrete advice for real life situations

BR
Bruce R.

Great presentation! Did nice job a laying out diliemmas e.g. intervention v. non-interveniton

NK
Nazar K.

Very thorough course.

LA
L. Obii A.

Very helpful and informative. Thanks

MP
Melissa P.

Really thought content was informative and substantive and lecturer presented the information very well.

JN
Josh N.

A much more substantive course than expected. Definitely an important course to sensitize oneself to the application of the ADA.

JR
Julia R.

This covered more than I expected and was quite interesting.

HQ
Henry Q.

Great program. Speaker appeared very passionate about the subject matter.

RR
R. Christopher R.

Fantastic seminar on an extremely important topic.

JS
Jeffrey S.

Covered a tough topic very well.

JG
Janice G.

Excellent course--very informative and well-presented.

JT
Judith T.

If the rating scale went higher, I would give him all 5s. Excellent presentation in every way.

KG
Kylee G.

This presentation was *very* well done.

SG
Steven G.

Good speaker

DM
Dave M.

Excellent presenter, good materials supplemented with real world experience in this difficult realm.

NB
Nathaniel B.

Really good speaker

JC
John C.

This was very well done, and I appreciate the holistic perspective.

JS
Joanna S.

good program and great practical tips

JA
Jonathan A.

Great speaker, covered multiple angles and potential issues with the solution pathways

SL
Sandra L.

On of the best presentations I have watched so far, the presenter was excellent.

MF
Marie F.

Excellent course - very useful in today's environment.

AS
arthur s.

very complicated issues involved. I am glad I watched this seminar

RE
Robert E.

Very informative

RM
Rory M.

This speaker was excellent

KL
Kirk L.

great

CC
Charles C.

More complicated than I thought, good to know!

RG
Robert G.

I appreciated the practical as well as the legal comments. Few provide actual world experience and results. Helpful.

DC
Daniel C.

Great instructor

KT
Karen T.

the best speaker i have watched so far

SV
Susanne V.

I found this presentation very valuable. The information was relevant. The presenter was knowledgeable and personable (not pretentious--some presenters come off that way), presented extremely well, gave lots of examples and delivered practical information applicable to not just to law firm professionals, but useful for in-house counsel who have non-legal employees. So, not only was the material useful for ethics purposes, but provided some good substantive information about FMLA & ADA. What I think I liked most was that he provided tools and good, practical advice on how to potentially address these difficult situations, touching on some do's and don'ts.

DT
debra t.

excellent speaker, thorough coverage of issue.

JC
Jennie C.

Well done.

ES
Eric S.

The presenter approached the topic with a mix of empathy and pragmatism. Excellent course.

KG
Karen G.

I learned alot about substance abuse and the workplace

CR
Christine R.

very insightful and topical as well

SG
Saul G.

Well balanced presentation.

EF
Edward F.

Great Presentation. Very informative.

LB
Louise B.

Very thorough and informative

HB
Harrison B.

Practical and thoughtful approach to employees with substance abuse problems in the workplace.

RP
Rosario P.

Excellent!

RM
randal m.

This was excellent. Our office does a lot of mental health related work. It was nice to hear someone who was both informed and kind. Thank you

AB
Audrey B.

Very helpful presentation.

JM
James M.

Good work!

LD
Luann D.

One of the better seminars I have participated in. Very knowledgeable speaker

JT
James T.

This guy was great

EK
Elizabeth K.

Excellent presentation

LD
Louis D.

Very pragmatic approach!

DL
Donna L.

Excellent, thought-provoking discussion of a difficult topic.

JC
John C.

very thoughtful presentation

AJ
Amelia J.

Great topic and presentation.

JA
John A.

Rife with interesting anecdotes. An interesting and informed instructor

WH
William H.

As always, learned much. Superb presentation. Masterful.

JI
Jessica I.

Excellent course.

DB
Daniel B.

good lecture

SS
Steve S.

One of the better programs I've seen.

BG
Bridget G.

Very good facilitator

ME
Michael E.

great

JL
Joseph L.

The faculty presented a uniquely practical view of ethical duties in the real world. Recommend.

RB
Robert B.

Very interesting

TH
Tina H.

Nice tempo. made the material interesting.

BD
Brian D.

Presenter has exceptionally deep knowledge of the area and does a great job of breaking down the information.

MM
Melinda Noelle M.

Very informative, great speaker.

MS
Moshe S.

very engaging and thought provoking style. Substantive material.

JM
John M.

Engaging speaker

DF
Daniel B. F.

Very thorough, very organized, very sensitive. This was overall my favorite CLE yet in my 5+ years of practice.

VE
Virginia E.

The speaker was excellent. He gave a compassionate and informative presentation on a difficult and often painful topic.

BR
Basil R.

Informative

ER
Eric R.

thanks

PS
Philip S.

well presented

RS
robert s.

thorough and informative and eye opening.

SS
Sandra S.

Excellent coverage of an important topic - very engaging speaker!

DK
Dorothy K.

Very good presentation

CB
Craig B.

This is a very timely and......almost gut - wretching issue that really hits home in todays legal society. It should perhaps be mandatory

CL
Charlotte L.

very practical

MC
Melanie C.

Wonderful speaker---concise but explanatory.

SS
Steven S.

Not an area I hope to ever experience but very informative.

CV
Connie V.

I really enjoyed this presentation - well done.

NS
Nancy S.

Presenter did well. Thank you.

JC
james c.

Nice job on a sensitive topic.

RF
Regan F.

Appreciated the sentivity to a difficult topic by the instructor

CM
connie m.

Excellent Presentation. This lawyer has a heart!

CM
Colleen M.

Fantastic presentation.

RB
Randal B.

Great information, compassionate presentation

MT
Matthew T.

Great video!

SD
Scott D.

Great presentation!

MA
Mary A.

Very interesting! Very good instructor!

MV
Michael V.

well thought out and comprehensive.

SC
Susan C.

Excellent!

EE
Evette C. E.

Great instructor

CM
Candace M.

Inetersting

AL
Aaron L.

This is one of the best and most comprehensive law line courses I have done.

GH
Gar H.

Good

JH
John H.

very good program and thoughtful delivery by Mr. Segal

MS
mark s.

Thanks

HR
Holly R.

A tough topic well presented. Thank you.

JE
Jane E.

Excellent content.

BB
Brian B.

Very thorough.

LL
Laurie L.

Great instructor!

DM
Daniel M.

An excellent presentation about a growing issue in the management of a law firm or any type of business.

GC
George C.

Excellent presentation

JA
Jenny A.

excellent course

BB
Brianna B.

This was an excellent course. It took a human approach to a sensitive topic.

JF
Julie F.

Very interesting and timely topic. It's encouraged me to learn more about how to handle these issues.

TM
Thomas M.

Very well done!

GG
Gal G.

Great presentation

GT
gretal t.

Very interesting presentation

RS
Robert S.

Great

NF
Nichole F.

This was a very interesting topic.

JW
Jessica W.

Great CLE on a very important subject matter.

ME
Marshall L. E.

Very good program

SM
S M.

Very good CLE!

ES
Elizabeth S.

One of the best presentations I have viewed. Very effective presenter.

KJ
Kevin J.

excellent

MB
Michael B.

great presentation

KT
Karen T.

Excellent presentation!

CW
Cynthia W.

Very helpful and informative presentation covering a wide range of topics under this issue.

BA
benjamin a.

very good

JP
Julia P.

good course

RH
Richard H.

Excellent lecturer

DA
Douglas A.

Learned a lot from this CLE.

LP
Larry P.

Very useful.

LG
Leonard G.

liked additional information regarding non-law firm workplaces peppered in

CS
Clarence S.

Excellent presentation of important and difficult area.

DP
Dorothy P.

Very sensitive, balanced presentation of a complex topic. Excellent!

WA
William A.

Very knowledgeable and personable speaker.

EL
Erik L.

Mr. Segal's presentation was engaging and informative and thought-provoking.

BS
Bradley S.

A very good program, well presented.

KK
keith k.

Good presentation

KP
Kathleen P.

Very practical and well presented. Thank you.

SH
Steven H.

Excellent presentation on a delicate topic.

NH
Nancy H.

Very engaging and interesting presentation on a depressing topic.

AT
Alden T.

Good course.

EF
Elizabeth F.

Speaker was knowledgeable and polished; he was very easy to comprehend and used good examples.

MY
Mark Y.

Very interesting take on impairment. This goes far beyond typical coverage of the topic.

ES
Edward S.

A truly insightful and excellent presentation on a very important and difficult subject. Thanks!

JB
Julie A. B.

Edifying. Effective use of examples. Good speaker.

RL
Rick L.

One of the best if not the best CLEs yhat i have ever attended. Very good legal and practical advice. Thank you.

ML
Marthe L.

Presenter was very good

RW
Rhonda G. W.

Thank you for an excellent program, with a lot of relevant subtlety, on a very important issue.

SS
Steve S.

Strong presentation from a practitioner who cares about being competent and human.

DV
Daniel V.

Great presentation. Practical and very informative on the nuances of how to deal with the issue.

SM
Steve M.

Good presenter.

MC
Mavis C.

Excellent information. Thank you.

MM
Marcia M.

Great presentation!

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