Lawyer Portal Careers Contact Us

Law Society of Alberta

  • Who We Are
    • Indigenous Land Acknowledgements

      Indigenous land acknowledgements to recognize the traditional territories that the Law Society of Alberta serves.
      • About Us
      • Executive Leadership Team
      • Board & Committees
        • Board Directory
        • Board Meetings
        • Committees and Task Forces
        • Other Bodies
      • Key Initiatives
        • Indigenous Initiatives
        • COVID-19 Updates
      • Engagement with Public and Profession
      • Affiliations
      • Annual & Financial Reports
      • Strategic Plan
      • Awards & Scholarships
        • Distinguished Service Awards
        • Recognition of Service
        • Scholarships
      • Frequently Asked Questions
  • For the Public
    • Complaints

      Find out more about the types of complaints the Law Society can or cannot help you with and how to file a complaint.
      • Find a Lawyer
      • Complaints
      • Finding Files & Wills
      • Public Resources
      • Financial Claims
      • Notices
      • Careers
  • Lawyers & Students
    • Become a Lawyer in Alberta

      Find information on how to apply to be a lawyer in Alberta whether you are internationally trained, a law student or a lawyer from another Canadian jurisdiction.
      • Become a Lawyer
      • Membership Services
      • Forms & Certificates
      • Making A Payment
      • Trust Accounting & Safety
        • Responsible Lawyers
        • Filing Requirements
        • Anti-Money Laundering Model Rules
      • Professional Development
      • Fraud & Loss Prevention
      • Practice Advisors
      • Practice Management Consultations
      • Approved Legal Services Providers
      • Complaints
      • Equity Ombudsperson
      • Alberta Lawyers Indemnity Association
        • Report a Claim
        • Group Policy
        • ALIAlerts
        • ALIAdvisories
  • Resource Centre
    • Newest resource:

      Understanding and Avoiding Law Society Complaints
      • Learning Centre
      • Student Resources
      • Public Resources
      • Disaster Planning and Recovery
      • Upcoming Events
      • Media Room
      • eBulletins
      • Latest News
      • Lawyer Programs
        • Mentor Connect
        • Mentor Express
        • AdvisorLink
        • Locum Connect
        • Practice Management Consultations
        • SoloNet
        • Assist
      • Key Resources
        • Client Relationships
        • Communication & Research
        • Equity & Diversity
        • Ethics & Professionalism
        • Practice Management
        • Substantive Legal Knowledge
        • Trust Accounting & Safety
        • Wellness
        • Webinars
  • Regulation
    • Act, Code & Rules

      The Law Society of Alberta derives its authority from the Legal Profession Act and sets out standards through its Rules and Code of Conduct.
      • Act, Code & Rules
      • Hearings
        • Schedule
        • Decisions & Outcomes
        • Complaint Dismissal Appeals
        • Adjudicator Directory
        • Tribunal Office
      • Notices
        • Custodianship
        • Disbarment
        • Reinstatement
        • Resignation
        • Suspension
      • Unauthorized Practice of Law
  • Find a Lawyer
Resource Centre
  • Learning Centre
  • Lawyer Programs
    • Mentor Connect
      • Mentor Moments
    • Mentor Express
    • AdvisorLink
      • AdvisorLink Online Request
    • Locum Connect
      • Locum Listing
      • Locum Opportunity Listing
    • SoloNet
  • Key Resources
    • Client Relationship Management
    • Communication, Analytical & Research Skills
    • Ethics & Professionalism
    • Equity & Diversity
    • Practice Management
      • Leaving the Practice of Law
      • Returning to Practice
    • Substantive Legal Knowledge
    • Trust Accounting & Safety
    • Wellness
    • Webinars
      • Approved Legal Services Provider Webinar
      • Respectful Workplace Model Policy Webinar
  • Disaster Planning and Recovery
  • Student Resources
  • Public Resources
  • Upcoming Events
  • Media Room
  • eBulletins
  • Latest from the Law Society
  • Home
  • Resource Centre
  • Key Resources
  • Wellness
  • Mental Health in the Legal Profession: Your Obligations & How to Help
Mental Health in the Legal Profession: Your Obligations & How to Help

At some point in your legal career, you may encounter another lawyer who is suffering from a mental health crisis, compromising their ability to practise. While you hope this never happens, research suggests that lawyers are at a much higher risk of mental health concerns than other professions and the general population. Lawyers may be more likely to suffer from anxiety, depression, dementia, addiction or other mental health concerns.

If you suspect a mental health issue is affecting another lawyer’s practice, what should you do?

Addressing the Issue: Speak Up

A good first step is to approach the lawyer one-on-one to express your concern. This approach makes the situation less intimidating for the lawyer and may allow you to help them recognize their issue and encourage them to seek professional help. You may wish to contact the Alberta Lawyers’ Assistance Society (Assist) for guidance on how to conduct your discussion.

Assist can help you understand what the lawyer may be experiencing. Please see How To Help Someone on their website. You can also speak directly to Dr. Brian Forbes, the registered psychologist who operates Assist’s professional counselling services. Dr. Forbes provides advice to law firms and other legal employers regarding lawyers who may be experiencing addiction or mental health challenges. You can request Assist’s guide for management by calling 1.877.498.6898.

You should also suggest that the lawyer contact Assist directly for help. Assist provides free confidential assistance and resources to lawyers, students and their dependent family members.

This simple step lets the lawyer know that they are not alone. Lawyers often do not reach out for help due to the perceived stigma surrounding mental health issues. Speaking up and showing compassion can help another lawyer to overcome their concerns and seek assistance.

Retired Supreme Court of Canada Justice Gascon is challenging the silence and stigma surrounding mental health concerns by encouraging lawyers and judges to speak more openly about depression and anxiety. The Lawyer’s Daily published portions of their interview with him in the October 22, 2019 edition, where he said:

“I think it’s a service to the whole legal profession that this be looked into and that we have a better understanding, a better acceptance of the reality – and not pretend that it isn’t there.”

Professional Obligations: Duty to Report

Outside of openness and compassion on a basic human level, there are some professional obligations related to lawyer competency as well. The duty to report is found in section 7.1-3 of the Code of Conduct as follows:

7.1-3 Unless to do so would be unlawful or would involve a breach of solicitor-client privilege, a lawyer must report to the Society:
…
(d) conduct that raises a substantial question as to another lawyer’s honesty, trustworthiness, or competency as a lawyer;
(e) conduct that raises a substantial question about a lawyer’s capacity to provide professional services; and
(f) any situation in which a lawyer’s clients are likely to be materially prejudiced.

Competence may be affected by addiction, for example, and commentary to Rule 3.1-2 states that a lawyer should refrain from conduct that may interfere with the ability to provide competent legal services. Lawyers are also required to be aware of any factor that may have a negative impact on their ability to deliver competent service.

While there may be a positive duty to report another lawyer when they may be suffering from a mental health issue that affects their ability to practice, paragraph [4] of the commentary to the rule states that lawyers facing such challenges should be encouraged to seek assistance as soon as possible. If a lawyer is making a bona fide effort to encourage another lawyer to seek help, the first lawyer is not required to make a report to the Law Society. If, however, the other lawyer’s behaviour is criminal or likely to cause harm, or if the other lawyer if refusing to seek help, there is then a positive obligation to report the lawyer to the Law Society.

If the other lawyer is a member of your own firm, you should discuss the issue with firm management, and you may also be required to contact the Law Society. Even if the lawyer is at a different firm and you think the other firm will address the concern, you are not relieved of your obligation to report. The obligation to report lies with members of the lawyer’s firm, as well as with you.

In all cases, a firm should have an action plan in place to ensure clients’ needs are being met. The firm should review the lawyer’s files for any errors. If errors are discovered, the client needs to be notified. The firm may also be required to notify the Alberta Lawyers Indemnity Association.

There may be additional risks to the public if the other lawyer is a sole practitioner and lacks the support of other lawyers to carry on the practice while they seek medical care. They may not have done any contingency planning for situations involving their mental or physical health, in which case the Law Society’s custodianship department may have to step in to ensure that the clients’ best interests are being protected.

Bringing it Together

It is every lawyer’s professional responsibility to act when they are concerned that another lawyer is suffering from a mental health concern – for the sake of that lawyer, the public and the profession.

To assist you in formalizing your own contingency plan, view our contingency planning handbook When Bad Things Happen to Good Lawyers. Do not wait until it is too late. It is important to recognize that we are all susceptible to concerns about our physical or mental health (and other potential incapacities) and to plan accordingly, just in case.

If you suspect a colleague is experiencing a mental health concern but are unsure of next steps, seek assistance from the Law Society’s Practice Advisors. Your conversations with them are confidential and they can help you decide whether to report your concern. If you are required to report another lawyer to the Law Society, you must contact our Intake team to initiate an investigation. You may speak with our conduct counsel about whether your ongoing involvement in the complaint will be required.

To echo the message of Justice Gascon, we need to develop a better understanding and acceptance of the reality of mental health issues in our society and in our profession. Silence merely reinforces the perception that there is a stigma associated with mental health concerns.

We should all do our best to be open and aware of mental health concerns in ourselves and in others. Lawyers may be able to avoid complaints, discipline proceedings, and negligence claims, and may be able to enjoy a return to practice, by taking proactive and effective steps to address mental health issues.

Printed from https://www.lawsociety.ab.ca on February 27, 2021 at 12:50:09 PM
Law Society of Alberta ©2021 Law Society of Alberta.
  • Latest
  • Contact Us
  • Privacy
  • Sitemap
  • Careers
©2021 Law Society of Alberta.
  • Who We Are
    • Back
    • About Us
    • Executive Leadership Team
    • Board & Committees
      • Back
      • Board Directory
      • Board Meetings
      • Committees and Task Forces
      • Other Bodies
    • Key Initiatives
      • Back
      • Indigenous Initiatives
      • COVID-19 Updates
    • Engagement with Public and Profession
    • Affiliations
    • Annual & Financial Reports
    • Strategic Plan
    • Awards & Scholarships
      • Back
      • Distinguished Service Awards
      • Recognition of Service
      • Scholarships
    • Frequently Asked Questions
  • For the Public
    • Back
    • Find a Lawyer
    • Complaints
    • Finding Files & Wills
    • Public Resources
    • Financial Claims
    • Notices
    • Careers
  • Lawyers & Students
    • Back
    • Become a Lawyer
    • Membership Services
    • Forms & Certificates
    • Making A Payment
    • Trust Accounting & Safety
      • Back
      • Responsible Lawyers
      • Filing Requirements
      • Anti-Money Laundering Model Rules
    • Professional Development
    • Fraud & Loss Prevention
    • Practice Advisors
    • Practice Management Consultations
    • Approved Legal Services Providers
    • Complaints
    • Equity Ombudsperson
    • Alberta Lawyers Indemnity Association
      • Back
      • Report a Claim
      • Group Policy
      • ALIAlerts
      • ALIAdvisories
  • Resource Centre
    • Back
    • Learning Centre
    • Student Resources
    • Public Resources
    • Disaster Planning and Recovery
    • Upcoming Events
    • Media Room
    • eBulletins
    • Latest News
    • Lawyer Programs
      • Back
      • Mentor Connect
      • Mentor Express
      • AdvisorLink
      • Locum Connect
      • Practice Management Consultations
      • SoloNet
      • Assist
    • Key Resources
      • Back
      • Client Relationships
      • Communication & Research
      • Equity & Diversity
      • Ethics & Professionalism
      • Practice Management
      • Substantive Legal Knowledge
      • Trust Accounting & Safety
      • Wellness
      • Webinars
  • Regulation
    • Back
    • Act, Code & Rules
    • Hearings
      • Back
      • Schedule
      • Decisions & Outcomes
      • Complaint Dismissal Appeals
      • Adjudicator Directory
      • Tribunal Office
    • Notices
      • Back
      • Custodianship
      • Disbarment
      • Reinstatement
      • Resignation
      • Suspension
    • Unauthorized Practice of Law
  • Find a Lawyer
  • Lawyer Portal
  • Contact

Email: AdvisorLink

Fill in the form below to get in touch with AdvisorLink
  • 1. AdvisorLink (operated by the Office of the Practice Advisors) and the Advisors accept no liability whatsoever arising from assistance given to lawyers or to any persons claiming through or under them.
    2. Lawyers are obligated to independently verify statements of law, procedure or fact made to them by the Advisor, before relying on them.
    3. AdvisorLink must not be used as a substitute for the lawyers’ own thorough research and analysis or for the lawyers’ own professional judgment.

Email: Accounting

Fill in the form below to get in touch with Accounting
  • Drop files here or
      Text, PDF, MSOffice, and Images only. Max size 20 MB.

    Email: Customer Service

    Fill in the form below to get in touch.
    • Drop files here or
        Text, PDF, MSOffice, and Images only. Max size 20 MB.

      Email: General Feedback

      Fill in the form below to get in touch with General Feedback
      • Drop files here or
          Text, PDF, MSOffice, and Images only. Max size 20 MB.

        Email: Communications and Media Relations

        Fill in the form below to get in touch with Communications and Media Relations.
        • Drop files here or
            Text, PDF, MSOffice, and Images only. Max size 20 MB.

          Email: Indigenous Initiatives Liaison

          Fill in the form below to get in touch with Andrea Menard
          • Drop files here or
              Text, PDF, MSOffice, and Images only. Max size 20 MB.

            Email: Membership Services

            Fill in the form below to get in touch with Membership Services
            • Drop files here or
                Text, PDF, MSOffice, and Images only. Max size 20 MB.

              Email: Manager, Membership Services

              Fill in the form below to get in touch with Tina McKay
              • Drop files here or
                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                Email: Elizabeth Aspinall

                Fill in the form below to get in touch with Elizabeth Aspinall
                • Drop files here or
                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                  Email: Jesse Mackenzie

                  Fill in the form below to get in touch with Jesse Mackenzie
                  • Drop files here or
                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                    Email: Allan Guty

                    Fill in the form below to get in touch with Allan Guty
                    • Drop files here or
                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                      Email: SoloNet

                      Fill in the form below to get in touch with SoloNet
                      • Drop files here or
                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                        Email: Practice Management

                        • Drop files here or
                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                          Email: Nancy Bains

                          Fill in the form below to get in touch with Nancy Bains
                          • Drop files here or
                              Text, PDF, MSOffice, and Images only. Max size 20 MB.

                            Email: Inform Trust Safety

                            Fill in the form below to get in touch with Inform Trust Safety
                            • Drop files here or
                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                              Email: Trust Safety

                              Fill in the form below to get in touch with Trust Safety
                              • Drop files here or
                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                Email: Information Management

                                Fill in the form below to get in touch with Information Management
                                • Drop files here or
                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                  Email: Election

                                  Fill in the form below to get in touch with Election
                                  • Drop files here or
                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                    Email: Justicia Project

                                    Fill in the form below to get in touch with Justicia Project
                                    • Drop files here or
                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                      Email: Locum Connect

                                      Fill in the form below to get in touch with Locum Connect
                                      • Drop files here or
                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                        Email: Mentor Connect

                                        Fill in the form below to get in touch with Mentor Connect
                                        • Drop files here or
                                            Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                          Email: Mentor Express

                                          Fill in the form below to get in touch with Mentor Express
                                          • Drop files here or
                                              Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                            Email: Indigenous Law Student Summer Employment Program

                                            Fill in the form below to get in touch with Indigenous Law Student Summer Employment Program
                                            • Drop files here or
                                                Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                              Email: ALIA

                                              Fill in the form below to get in touch with ALIA
                                              • Drop files here or
                                                  Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                Email: ALIAlert fraud alerts

                                                Fill in the form below to get in touch with ALIAlert fraud alerts
                                                • Drop files here or
                                                    Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                  Email: Equity Ombudsperson

                                                  Fill in the form below to get in touch with Elizabeth Aspinall
                                                  • Drop files here or
                                                      Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                    Email: Tribunal Office

                                                    Fill in the form below to get in touch with Tribunal Office
                                                    • Drop files here or
                                                        Text, PDF, MSOffice, and Images only. Max size 20 MB.

                                                      Email: Custodianship

                                                      Fill in the form below to get in touch with Custodianship
                                                      • Drop files here or
                                                          Text, PDF, MSOffice, and Images only. Max size 20 MB.