LAWYERS HELPING LAWYERS*
PARTICIPANT CONSENT, RELEASE AND ACKNOWLEDGMENT
LAWYERS HELPING LAWYERS (the “Program”) provides a confidential process designed to assist participants (each a “Participant”) who identify a problem and request to meet with a colleague who has successfully managed a similar problem and/or can offer support and guidance (each a “Peer”).
Participants include Georgia attorneys and judges. Peers are designees of the Lawyer Assistance Committee of the State Bar of Georgia. Working with a Peer involves sharing sensitive, personal and private information that may at times be distressing. During the course of the relationship, both parties will work together to address Participant’s difficulty. Peers assist with a wide variety of problems including but not limited to: depression, anxiety, stress due to work or family issues and addictions such as alcohol, drugs, food addiction, gambling, sex or other compulsive behaviors. The outcome is often positive; however, the level of satisfaction for any individual is not predictable. The foregoing shall be referred to herein as “Peer Services.”
CONFIDENTIALITY:
All interactions between Participant and Peer are proceedings of the Lawyer Assistance Committee of the State Bar of Georgia and as such, except as set forth below, are confidential. The failure of either the Participant or Peer to keep confidential any information which either may have received is a violation of the Program Guidelines; however, a Participant may request in writing that a Peer release specific information about Participant to designated persons.
EXCEPTIONS TO CONFIDENTIALITY:
• Peer may reveal to police or emergency responders, or any person in imminent danger, information needed to avoid or prevent death or substantial bodily harm.
• Peer may reveal information
a. which is mandated by statute to be reported;
b. to respond in any proceeding to allegations of misfeasance concerning the assistance he or she has provided to Participant as part of the Program; and
c. to secure legal advice about Peer’s compliance with the Bar Rules.
SCOPE OF PEER SERVICES:
The Participant acknowledges and agrees that: Peers are not therapists or professional counselors. They are Georgia attorneys and judges who are willing to share their personal recovery experience from addiction, mental health treatment or other difficulties and provide support for their colleagues. Peers are also attorneys and judges who simply want to help their colleagues in whatever way they can in order to make a positive contribution to the community and their profession. Peers do not provide clinical services, including without limitation conducting physical or psychological examinations, performing therapeutic counseling or establishing treatment plans.
In addition, Peers do not
(i) give assistance or support with respect to Participant’s management of his/her practice or client matters or
(ii) provide legal services or legal advice.
MUTUAL COMMITMENTS OF PEER AND PARTICIPANT:
The Peer’s commitment is to support the Participant through his or her process. Participant’s commitment is to attend all scheduled interactions with Peer and work positively towards mutually defined goals. Peers may communicate via the phone or meet face to face with Participants to offer support, guidance and resources. Peer and Participant will determine the length of time and frequency to meet. The Program recommends that Peers and Participants meet in a safe environment such as an office or a public restaurant. Peers are discouraged from going to the Participant’s home or an isolated area where safety cannot be ensured. Peer and Participant safety are given equal weight within the Program.
RELEASE AND INDEMNIFICATION:
The Participant, for himself or herself and his/her heirs, executors, administrators and assigns, hereby
(i) releases and discharges the State Bar of Georgia, the Lawyer Assistance Program of the State Bar of Georgia and the Lawyer Assistance Committee of the State Bar of Georgia and their respective officers, directors, members, employees, representatives, contractors, agents, designees and volunteers, including without limitation any Peer providing Peer Services to Participant (collectively, “Indemnified Parties”), of and from any and all claims which he/she or they ever may have against any of them, on account of, by reason of or arising in connection with the provision of Peer Services, including, without limitation, the failure of the Participant or Peer to follow Program Guidelines, and hereby waives all such claims, demands and causes of action including the right to have the enforceability of this provision interpreted by any court or tribunal and
(ii) indemnifies, defends and holds harmless the Indemnified Parties of and from any liability associated with the provision of Peer Services to Participant.
By clicking below, Participant acknowledges that he/she has read and discussed the above information with others as needed, understands the risks and benefits of accepting Peer Services, the nature and limits of confidentiality and what is expected of him/her as a Participant.
This Consent/Release/Acknowledgment shall remain in effect until revoked in writing by Participant and delivered to the Lawyers Assistance Committee by hand or by certified mail, return receipt requested; provided that the above release and indemnification shall survive any such revocation.
*A component of the Lawyers Assistance Program of the State Bar of Georgia
