(Reuters) – The statistics have become depressingly familiar: Lawyers have significantly higher levels of problem drinking, substance abuse, anxiety and depression when compared with the general population.
The toll isn’t just personal. Clients can suffer if their counsel is impaired. The question is, what to do about it? How should bar authorities respond when a lawyer’s misconduct stems from addiction or mental health issues?
A new report by the New York State Bar Association on lawyer well-being dives into these questions and the feasibility of diversion programs for lawyers with substance abuse or mental health issues and who are facing disciplinary actions as a result.
These programs allow a court to stay an investigation or proceeding and direct the lawyer to an appropriate treatment and monitoring program. The report authors urge such options to be expanded to all disciplinary proceedings and applied “in the broadest possible fashion.”
It sounds enlightened and compassionate — but making it work is likely to prove challenging.
New York has had a diversion program in place since 2016, but the report authors note that few lawyers have taken advantage of it.
The Albany-based Appellate Division, Third Department, for example, “has seen only a handful of diversion applications over the past five years, with only one such proceeding reaching successful fruition,” according to the report.
Why don’t more lawyers see this as a lifeline? After all, it could be a chance to enter recovery and halt a potentially ruinous disciplinary action. As the report authors noted, potential beneficiaries “include the impaired lawyer, the lawyer’s family, partners, employees and clients, as well as the courts and the legal profession as a whole.”
But lawyers tend to be reluctant to seek help out of a deep-rooted fear of professional consequences, Patrick Krill, an attorney who advises law firms on well-being matters, told me.
“The message from the beginning of the law school experience is ‘Thou shalt not practice law while impaired,’” Krill said. “There’s less discussion about the disease of addiction.”
The result is a pervasive fear of being “perceived as impaired” that makes lawyers disinclined to let anyone know, he continued. “They keep it hidden and it grows and gets worse.”
That’s what happened to Jeff Grant.
“I was an alcoholic and a drug addict and living double life,” Grant, who regained his New York law license earlier this year after losing it in 2002, told me. (I wrote previously about Grant here.)
There was no diversion program when his world as head of a small firm in Mamaroneck, New York, started to fall apart 20-odd years ago. I asked if he thought such program might have made a difference or prevented his downfall, which culminated in serving 14 months in federal prison for fraudulently obtaining a loan.
“I’d like to believe it would,” he said. But at the same time, Grant also said that “nothing was going to get through to me before hitting bottom.”
In the roughly 9,000 (yes, 9,000) recovery meetings he’s attended in the last 19 years, he added, “I’ve never met anyone who was ready to get help before hitting bottom.”
The report’s authors — dozens of lawyers served on the task force that created the 167-page document — recognize this is an obstacle.
As is, the program “contemplates a lawyer ready, willing and able to seek treatment at the time when the disciplinary investigation or proceeding remains pending,” they wrote. “All too often, the attorney’s threshold acknowledgment of impairment or condition comes only after the disciplinary process has resolved disfavorably.”
In other words, it happens when the lawyer hits bottom and it’s too late for a diversion. (Though successful treatment can certainly help a lawyer get reinstated.)
Anecdotally, the report’s authors said they found many attorneys prefer to “take their chances” with the outcome of a disciplinary investigation rather than admitting to a problem. After all, most professional misconduct complaints are ultimately dismissed or resolved via confidential letters of advisement or admonitions.
Asking for a diversion means lawyers “not only expose themselves to the vulnerability of raising a mental or physical health condition or impairment, but could also be subject to the rigors and requirements of a monitoring program for a period of a year or more. Further, while a diversion order is confidential, some attorneys may still be reluctant to have any order issued that addresses their underlying condition or impairment.”
Both Krill and Grant, while supportive of robust diversion alternatives, also urge more attorney outreach and education about substance abuse and mental health issues starting in law school and continuing via mandatory CLE.
“If we as lawyers knew from day one if you start to experience mental health or substance abuse problems that there is track available to get help, and that it will insulate your (law) license somewhat from disciplinary problems,” Krill said, “I think we’d see a lot more” lawyers seeking help.
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Jenna Greene writes about legal business and culture, taking a broad look at trends in the profession, faces behind the cases, and quirky courtroom dramas. A longtime chronicler of the legal industry and high-profile litigation, she lives in Northern California. Reach Greene at jenna.greene@thomsonreuters.com.
It’s the Isolation that Destroys Us. The Solution is in Community.
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Podcast Ep. 27, Guest: Brian Cuban, The Addicted Lawyer
Today on the podcast we have Brian Cuban, author of the book, The Addicted Lawyer: Tales of the Bar, Booze, Blow and Redemption. If Brian’s last name sounds familiar it’s because, yes, he is billionaire Mark Cuban’s brother. But believe me, that’s about the least interesting part of Brian’s story.
Brian and I connected on so many levels: as former lawyers (although Brian did not lose his law license), the madness of alcoholism and drug abuse, body dysmorphic disorder, eating disorders, and then, finally, a newfound peace in the rooms of recovery.
Brian is clean and sober for over 14 years.
So coming up, Brian Cuban. The Addicted Lawyer. On White Collar Week. I hope you will join us. – Jeff
If you have a friend, family member, colleague or client with a white collar justice issue, please forward this post; they can reach us anytime – day or night! Our contact info:http://prisonist.org/contact-us.
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Guests on this Episode:
Brian Cuban
Brian Cuban, the younger brother of Dallas Mavericks owner and entrepreneur Mark Cuban, is a Dallas based attorney, author and addiction recovery advocate. He is graduate of Penn State University and The University of Pittsburgh School of Law. Brian has been in long term recovery from alcohol, cocaine and bulimia since April of 2007.
Brian’s most recent, best-selling book, The Addicted Lawyer, Tales of The Bar, Booze, Blow, & Redemption is an un-flinching look back at how addiction and other mental health issues destroyed his career as a once successful lawyer and how he and others in the profession redefined their lives in recovery and found redemption.
Brian has spoken at colleges, universities, conferences, non-profit and legal events across the United States and in Canada. Brian has appeared on prestigious talks shows such as the Katie Couric Show as well as numerous media outlets around the country. He also writes extensively on these subjects. His columns have appeared and he has been quoted on these topics on CNN.com, Foxnews.com, The Huffington Post, Above The Law, The New York Times, and in online and print newspapers around the world.
You can find all episodes of our podcast “White Collar Week with Jeff Grant” on our websiteprisonist.org,our Facebook page, Podbean, YouTube (video), SoundCloud, Apple Podcasts, Spotify, LinkedIn, Instagram and Twitter.
Entrepreneur’s #4 Most Viewed Article of 2020: I Went to Prison for SBA Loan Fraud – 7 Things to Know When Taking COVID-19 Relief Money: by Jeff Grant, J.D., M.Div.. Link to article here.
The Philadelphia Inquirer: Steal Money from the Feds? First, Meet Jeff Grant, an Ex-Con who Committed Loan Fraud, by Erin Arvedlund: Link to article here.
Clara CFO Smolinski YouTube: Thinking About PPP Fraud?: Hannah Smolinski Interviews Jeff Grant About Going to Prison for SBA Loan Fraud. Sponsored by Upside Financial. Link to article and YouTube video here.
CFO Dive: After Serving Time, Fraudster Cautions Against PPP, Other Emergency Loans, by Robert Freedman. Link to article here.
Fraud Stories Podcast with Mark Lurie: SBA/PPP Loan Fraud with Guest: Jeff Grant. Link to podcast here.
Forbes: As Law Enforcement Pursues SBA Loan Fraud, Jeff Grant Talks Redemption, by Kelly Phillips Erb. Link to article here.
Taxgirl Podcast: Jeff Grant talks Desperation and Loans in a Time of Crisis with Kelly Phillips Erb on Her Podcast. Link to article and podcast here.
Business Talk with Jim Campbell: Jeff Grant Talks with Jim About Going to Prison for SBA Loan Fraud and What to Know When Taking Coronavirus Relief Money, Biz Talk Radio Network, Broadcast from 1490 AM WGCH Greenwich, CT. Listen on YouTube here.
Babz Rawls Ivy Show: Babz Rawls Ivy & Jeff Grant Talk SBA / PPP Loan Fraud and 7 Things to Know Before You Take Coronavirus Relief Money, WNHH 103.5 FM New Haven. Watch on YouTube here.
White Collar Week with Jeff Grant, Podcast Ep. 21: All Things SBA, PPP & EIDL, with Guest: Hannah Smolinski, CPA, Virtual CFO: Link here.
White Collar Week with Jeff Grant, Podcast Episode 09: Small Business Edition, with Guest Kelly Phillips Erb. Link here.
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Louis Reed/Babz Rawls Ivy PSA:
Some very kind words from my dear friends Louis L. Reed and Babz Rawls Ivy in this brief PSA. Thank you Louis and Babz! – Jeff
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All Episodes:
Link here to Podcast Ep. 26, Oppression & Identity, Guests: Jaco & Leslie Theron
Linkhereto Podcast Ep. 25, Ex-Philadelphia D.A., Seth Williams, Part Two
Link here to Podcast Ep. 24, Ex-Philadelphia D.A., Seth Williams, Part One
Link here to Podcast Ep. 23, The Vanishing Trial, Robert Katzberg
Link here to Podcast Ep. 22: The Goddess, with Guest: Babz Rawls Ivy
Link here to Podcast Ep. 21: All Things SBA, PPP & EIDL, with Guest: Hannah Smolinski, CPA, Virtual CFO
Link here to Podcast Ep. 20: Reinventing Yourself After Prison, with Guests: Glenn E. Martin & Richard Bronson
Link here to Podcast Ep. 19: Insider Trading Charges Dismissed, with Guest: Richard Lee
Link here to Podcast Ep. 18: Is Your Life a Movie? The Producers, with Guests: Lydia B. Smith, Bethany Jones & Will Nix
Link here to Podcast Ep. 17: #TruthHeals, Systemic Abuse & Institutional Reform with Guest: Vanessa Osage, feat. Guest Co-Host Chloe Coppola
Link here to Podcast Ep. 16: Politicians, Prison & Penitence, with Guest: Bridgeport, CT Mayor Joseph Ganim
Link here to Podcast Ep. 15: A Brave Talk About Suicide, with Guests Bob Flanagan, Elizabeth Kelley, & Meredith Atwood
Link here to Podcast Ep. 14: Recovery & Neighborhood, with Guest: TNP’s Tom Scott
Linkhereto Podcast Ep. 13: Everything but Bridgegate, with Guest: Bill Baroni
Linkhereto Podcast Ep. 12: The Truth Tellers, with Guests: Holli Coulman & Larry Levine
Linkhereto Podcast Ep. 11: Blank Canvas, with Guest: Craig Stanland
Linkhereto Podcast Ep. 10: The Ministers, with Guests: Father Joe Ciccone & Father Rix Thorsell
Linkhereto Podcast Ep. 09: Small Business Edition, with Guest: Taxgirl Kelly Phillips Erb
Linkhereto Podcast Ep. 08: The Academics, with Guests: Cathryn Lavery, Jessica Henry, Jay Kennedy & Erin Harbinson
Linkhereto Podcast Ep. 07: White Collar Wives. with Guests: Lynn Springer, Cassie Monaco & Julie Bennett. Special Guest: Skylar Cluett
Linkhereto Podcast Ep. 06: Madoff Talks, with Guest: Jim Campbell
Linkhereto Podcast Ep. 05: Trauma and Healing when Mom goes to Prison, with Guests: Jacqueline Polverari and Her Daughters, Alexa & Maria
Link here to Podcast Ep. 04: One-on-One with Tipper X, with Guest: Tom Hardin
Linkhereto Podcast Ep. 03: Compassionate Lawyering, with Guests: Chris Poulos, Corey Brinson, Bob Herbst & George Hritz
Linkhereto Podcast Ep. 02: Substance Abuse & Recovery During COVID-19, with Guests: Trevor Shevin & Joshua Cagney
Linkhereto Podcast Ep. 01: An Evening with Our White Collar Support Group, with Guests: 16 Members of Our White Collar Support Group
Linkhereto Podcast Ep. 00: White Collar Week with Jeff Grant: What is White Collar Week?
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Jeff Grant
What is the White Collar Justice Community?
Welcome to White Collar Week with Jeff Grant, a podcast serving the white collar justice community. It’s the isolation that destroys us. The solution is in community.
If you are interested in this podcast, then you are probably already a member of the white collar justice community – even if you don’t quite know it yet. Our community is certainly made up of people being prosecuted, or who have already been prosecuted, for white collar crimes. But it is also made up of the spouses, children and families of those prosecuted for white collar crimes – these are the first victims of white collar crime. And the community also consists of the other victims, both direct and indirect, and those in the wider white collar ecosystem like friends, colleagues, prosecutors, defense attorneys, judges, law enforcement, academics, researchers. Investigators, mitigation experts, corrections officers, parole & probation officers, reentry professionals, mental health care professionals, drug and alcohol counselors – and ministers, chaplains and advocates for criminal and social justice reform. The list goes on and on…
Our mission is to introduce you to other members of the white collar justice community, to hear their very personal stories, and hopefully gain a broader perspective of what this is really all about. Maybe this will inspire some deeper thoughts and introspection? Maybe it will inspire some empathy and compassion for people you might otherwise resent or dismiss? And maybe it will help lift us all out of our own isolation and into community, so we can learn to live again in the sunshine of the spirit.
Along the way, I’ll share with you some of the things I’ve learned in my own journey from successful lawyer, to prescription opioid addict, white collar crime, suicide attempt, disbarment, destruction of my marriage, and the almost 14 months I served in a Federal prison. And also my recovery, love story I share with my wife Lynn Springer, after prison earning a Master of Divinity from Union Theological Seminary in NYC, pastoring in an inner city church in Bridgeport CT, and then co-founding with Lynn in Greenwich CT, Progressive Prison Ministries, the world’s first ministry serving the white collar justice community. It’s been quite a ride, but I firmly believe that the best is yet to come.
So I invite you to come along with me as we experience something new, and bold, and different – a podcast that serves the entire white collar justice community. I hope you will join me.
It’s the Isolation that Destroys Us. The Solution is in Community.
Progressive Prison Ministries, Inc. is the world’s first ministry supporting the white collar justice community. Founded by husband and wife,Jeff Grantand Lynn Springerin Greenwich CT in 2012, we incorporated as a nonprofit in Connecticut in 2014, and received 501(c)(3) status in 2015. Jeff has over three decades of experience in crisis management, business, law (former), reentry, recovery (clean & sober 17+ years), and executive and religious leadership. As Jeff was incarcerated for a white-collar crime he committed in 2001, he and Lynn have a first-hand perspective on the trials and tribulations that white-collar families have to endure as they navigate the criminal justice system and life beyond.
Progressive Prison Ministries, Inc. is nonsectarian, serving those of all faiths, or no faith whatsoever. To date we have helped over three hundred fifty (350) individuals, and their families, to accept responsibility for their actions and to acknowledge the pain they have caused to others. In accordance with our commitment to restorative justice, we counsel our members to make amends as a first step in changing their lives and moving towards a new spiritual way of living centered on hope, care, compassion, tolerance, empathy and service to others. Our team has grown to over ten people, most with advanced degrees, all of whom are currently volunteering their time and resources.
Progressive Prison Ministries’ goal is to provide spiritual solutions and emotional support to those who are feeling alone, isolated, and hopeless. We have found that these individuals are suffering from a void but are stuck, and don’t know what to do about it. Our objective is to help them find a path to a healthy, spirit-filled place on the other side of what may seem like insurmountable problems. Many of those we counsel are in a place where their previous lives have come to an end due to their transgressions. In many cases their legal problems have led to divorce, estrangement from their children, families, friends and support communities, and loss of a career. The toll this takes on individuals and families is emotionally devastating. White-collar crimes are often precipitated by other issues in the offenders’ lives such as alcohol or drug abuse, and/or a physical or mental illness that lead to financial issues that overwhelms their ability to be present for themselves and their families and cause poor decision making. We recognize that life often presents us with such circumstances, sometimes which lead us to make mistakes in violation of the law.
All conversations and communications between our ordained ministry, and licensed clinical relationships, and those we serve fall under state privilege laws. This is one reason that attorneys often allow and encourage their clients to maintain relationships with us while in active prosecution or litigation situations.
If you, a friend, family member, colleague or client are suffering from a white collar criminal justice issue or are experiencing some other traumatic or life-altering event, and would like to find a path to a healthy, spirit-filled place on the other side of what seems like insurmountable problems, please contact us to schedule an initial call or appointment.
Copyright 2021, All Rights Reserved, Progressive Prison Ministries, Inc.,
In this episode Zach is first joined by Dr. Judy Ho, a triple board certified and licensed Clinical and Forensic Neuropsychologist, tenured Associate Professor at Pepperdine, and published author. Dr. Judy maintains a private practice in Manhattan Beach, CA and is a co-host on the TV show “The Doctors.” Zach and Dr. Judy discuss how the stigma of addiction and mental health affect her patients and their desire to get the help they need.
Following Dr. Judy, Zach speaks with Jeff Grant (at 34:54), who is the Co-Founder of Progressive Prison Ministries, a ministry serving the white-collar justice community. The two discuss his experience in Federal prison for committing a white-collar crime as a lawyer, and how addiction stigma impacts life after prison.
Recovery Radio is the premiere radio show and podcast on addiction treatment and recovery. Over the course of each season, we will discuss facts and dispel myths surrounding what addiction is and isn’t. You’ll hear from experts in a wide range of subjects, including addiction specialists, mental health professionals, recovering addicts, and rehab facility administrators. You’ll learn about the factors that predispose someone to develop an addiction, understand the role that genetics and environment play, and hear about the history of illicit substances and their devastating effects on our communities.
If you’re concerned about yourself or a loved one’s substance dependency, Recovery Radio will be your source for finding the information, tools, and inspiration to navigate the road to recovery. New podcast content will be available every Tuesday at 9 AM Pacific Time on the Voice America Health and Wellness Channel, our website, and syndicated to podcast partners worldwide.
Jeff Grant, J.D., M.Div.is an ordained minister with over three decades of experience in crisis management, business, law, reentry, recovery (clean & sober 17+ years), and executive & religious leadership. Sometimes referred to in the press as “The Minister to Hedge Funders,” he uses his experience and background to guide people faithfully forward in their lives, relationships, careers and business opportunities, and to help them to stop making the kinds of decisions that previously resulted in loss, suffering and shame.
After an addiction to prescription opioids and serving almost fourteen months in a Federal prison for a white-collar crime he committed when he was a lawyer, Jeff started his own reentry – earning a Master of Divinity from Union Theological Seminary in the City of New York with a focus in Christian Social Ethics. He is Co-Founder of Progressive Prison Ministries, Inc., the world’s first ministry supporting the white collar justice/economy exiled community. Jeff is the first person in the United States formerly incarcerated for a white collar crime to be appointed as CEO of a major criminal justice organization.
As an ordained minister, conversations and communications between Jeff and those he serves fall under clergy privilege laws. This is one reason that attorneys often allow and encourage their clients to maintain relationships with Jeff while in active prosecution or litigation situations.
