LAW OFFICE MANAGEMENT HANDBOOK: HOW TO CATCH AND KEEP CLIENTS Morning Session Ethically Using Social Media to Market Your Law Practice Terrie Wheeler, MBC Professional Services Marketing, LLC Alvin E. Mathews, JD James E. Arnold & Associates, LPA Afternoon Session Producing Ethical and Effective Client Communications Andrew Clark, JD Manley Deas Kochalski Lori Brown, JD Lori J. Brown, LLC Terrie S. Wheeler, MBC Professional Services Marketing LLC Substance Abuse, Chemical Dependency and Mental Health Concerns in the Legal Profession Scott R. Mote, JD Ohio Lawyers' Assistance Program Ohio Bar Liability Insurance Company 2013 May 2013 Dear Ohio Attorney: OBLIC has published this Law Office Management Handbook as a malpractice avoidance tool. We hope the use of these materials will help Ohio attorneys avoid potential legal malpractice problems and serve as a tool for building and maintaining strong, professional law practices. The content has been carefully researched and checked. However, the handbook should not be relied upon as a substitute for full examination of the law and your own professional judgment. You may need to revise the procedures to meet your specific practice needs. This information is for loss prevention purposes only and should not be relied upon as legal advice in place of your own independent professional and business judgment. OBLIC thanks all the contributors to this handbook for their hard work and dedicated efforts to help Ohio attorneys avoid legal malpractice. We hope you will find this publication helpful in your practice and use it often. Sincerely, OHIO BAR LIABILITY INSURANCE COMPANY ________________________________________________________________________________________________________ For Overnight Mail: 800.227.4111 Page 1 of 1 1650 Lake Shore Drive, Suite 100 Fax: 614.488.7936 Columbus, OH 43204-4894 OHIO BAR LIABILITY INSURANCE COMPANY 1650 Lake Shore Drive – Suite 100 PO Box 2708 Columbus, Ohio 43216-2708 Phone: Phone: Fax: E-mail: 1-800-227-4111 614-488-7924 614-488-7936 [email protected] DISCLAIMER This handbook includes loss prevention techniques designed to minimize the likelihood of incurring a claim for legal malpractice. The material presented does not establish, report, or create the standard of care for attorneys. The material is not a complete analysis of the topic and should not be construed as providing legal advice. Readers should conduct their own appropriate legal research. HOW TO CATCH AND KEEP CLIENTS TABLE OF CONTENTS Morning Session I. Ethically Using Social Media to Market Your Law Practice Terrie Wheeler, MBC Professional Services Marketing, LLC Alvin E. Mathews, JD James E. Arnold & Associates, LPA Afternoon Session II. Producing Ethical and Effective Client Communications Andrew Clark, JD Manley Deas Kochalski Lori Brown, JD Lori J. Brown, LLC Terrie S. Wheeler, MBC Professional Services Marketing LLC III. Substance Abuse, Chemical Dependency and Mental Health Concerns in the Legal Profession Scott R. Mote Executive Director, Ohio Lawyers' Assistance Program HOW TO CATCH AND KEEP CLIENTS Morning Session Ethically Using Social Media to Market Your Law Practice Terrie Wheeler, MBC Professional Services Marketing, LLC Alvin E. Mathews, JD James E. Arnold & Associates, LPA 4/30/2013 How to Catch and Keep Clients: Ethically Using Social Media to Market Your Law Practice Ohio State Bar Association Annual Convention in Cleveland, Ohio May 9, 2013 Presented by Terrie Wheeler, MBC, President, Professional Services Marketing, LLC Alvin E. Mathews, James E. Arnold & Associates, LPA Thanks to our Sponsors Ohio State Bar Association Ohio Bar Liability Insurance Company Solo Small Firms and General Practice Section Young Lawyers Section 1 4/30/2013 Session and Speaker Introductions Session Introduction Gretchen Mote,, Ohio Bar Liabilityy Insurance Company (OBLIC) Speaker Introductions Alvin Mathews, James E. Arnold & Associates, LPA Terrie S S. Wheeler Wheeler, MBC MBC, Professional Services Marketing, LLC Alvin E. Mathews Jr. Attorney Phone: 614-460-1619 Email: [email protected] Former Assistant Disciplinary Counsel, Supreme Court of Ohio For 16 years, has represents lawyers on matters involving professional responsibility and legal malpractice Member of the American Bar Association Center for Professional Responsibility 80% of client work performed in the area of ethics and professional responsibility Has taught over 200 CLE presentations on ethics and professional responsibility 2 4/30/2013 Terrie Wheeler, MBC, President Marketing Coach and Consultant Phone: 320-358-1000 Email: [email protected] • In-house law firm marketing director for 12 years • 17 years owning PSM, a marketing consulting firm for lawyers and law firms • Board Member, Lawyers Professional Responsibility Board • Faculty for two MN law schools presenting ethical marketing strategies • Creator of www.MarketYourLawPractice.com • Masters Degree in Business from St. Thomas (MBC) Agenda • Current Social Media Trends and Statistics • a ye Advertising d e t s g Cases Lawyer • Social Media Best Practices for Lawyers • How Lawyers Get into Trouble with Advertising • Tips for Compliance • Using LinkedIn to Market Your Practice • Other Considerations 3 4/30/2013 Current Social Media Trends and Statistics Need for New Marketing Approaches 4 4/30/2013 Buying Trends Today Start Online • 89% of US internet users search online before theyy make a purchase, even when the purchase is made at a local business. • Are your prospects and clients able to find you when they have a need? Source – State of Inbound Marketing 2012 Why Use Social Media? • Over 80% of all Americans belong to at least one social network • In January 2013, LinkedIn reported having over 200 million users; 74 million of which reside in the United States • Between 50% and 70% of lawyers over 40 use LinkedIn regularly • 84% of lawyers under 40 use LinkedIn regularly • 75% of users never scroll past the first page of search results on Google or other search engines • Firms Fi that h bl blog h have 9 97% % more iinbound b d lilinks k • 49% of LinkedIn users have a household income over $100,000 Source – SEI “Why lawyers Need to Use LinkedIn” February 28th, 2013 5 4/30/2013 Buying Trends • Create and Maintain High Visibility: 87% of Buyers turn first to friends or colleagues for recommendations on a lawyer. The second most popular response is to search online. This clearly demonstrates the need for a good reputation and high visibility. Source: “How S “H Buyers B Buy B A Accounting ti and d Fi Financial i l Services” S i ” by Hinge Marketing Lawyer Advertising Cases 6 4/30/2013 Lawyer Advertising Is Permissible Bates v. State Bar of Arizona, 433 U.S. 350 (1977) Is the case in which the Court upheld the g of lawyers y to advertise their right services. In holding that lawyer advertising was commercial speech entitled to protection under the First Amendment (incorporated against the States through the Fourteenth Amendment), ) the C Court upset the tradition against advertising by lawyers. Shapero v. Kentucky Bar Association 486 U.S. 466 (1988) The Court held that a state may not place a “ban on all direct-mail solicitations, whatever the time frame and whoever the recipient.” 7 4/30/2013 Ohralik v. Ohio State Bar Association 436 U.S. 447 (1978) A state may prohibit lawyers from soliciting prospective clients in person. Florida Bar v. Went For It, Inc. 515 U.S. 618 (1995) The Court upheld a rule of the Florida Bar that prohibited personal injury lawyers from sending targeted direct-mail solicitations to victims and their relatives for 30 days following an accident or disaster. 8 4/30/2013 Social Media Best Practices for Lawyers What is Social Media? • • • • • • • Short communications via LinkedIn, Twitter, or Facebook Online conversations through blogging “Liking” Liking and sharing content Bookmarking Photo and video sharing Social “listening” Inbound marketing: - The concept of earning the attention of prospects - Making yourself easy to be found - Drawing clients to your website by producing content clients value (Content Marketing) - Blogs, podcasts, video, eBooks, e-newsletters, whitepapers & SEO 9 4/30/2013 What is Content Marketing? Pull Push Push marketing requires a lot of reach and can be considered to be ‘interruptive’. Cold-Calling Calling • Cold • Direct Mailing/Newsletters Pull marketing encourages your prospects to seek you out because you offer something of value value. • Social Marketing/Media • Blogging/Websites Social Media Unraveled FaceBook: Primarily for personal use; company profile for law firm a good move LinkedIn: FaceBook for professionals; EVERY lawyer should have a LinkedIn profile Twitter: A “Micro blog” with no more than 140 characters where you can follow and be followed. See article on Twitter for Lawyers YouTube: Consider adding a video blog to your website and creating a YouTube Channel Take a look at: •PSM YouTube Channel •Milton Family Law YouTube Channel Source: ABA Law Practice Management Article on Social Media Networking 10 4/30/2013 Social Media - Keep It Simple Compliance Tips: FaceBook •Do not use your personal FaceBook page for substantive discussions on cases or links to interesting articles. Establish a company FaceBook Profile and encourage visitors, clients and referrals sources to “like” your page •Use the FaceBook “Smart Lists” feature to assign friends to categories (work, school, family) to separate personal and professional contacts •Stick to business Source: ABA Opinion Offers Guidance on Judges and Social Media 11 4/30/2013 Facebook • Use it wisely - don’t embarrass yourself or your firm! • Increasingly searchable and public • Know and use your privacy settings! • Highly social and entertaining • Have a firm social media policy • Get G t and d stay t educated d t d • Great source for recruiting talent How Lawyers Get Into Trouble with Ad Advertising ti i 12 4/30/2013 Misleading Ads A lawyer shall not make or use false, misleading or non misleading, non-verifiable verifiable communications about their services. Rule 7.1. This includes: Omitting a fact necessary to make the statement considered as a whole not materially misleading. How Not to Advertise 13 4/30/2013 Solicitation of Business Direct communication with potential t ti l clients li t mustt nott amount to improper client solicitation. (Is there a close personal, prior professional relationship? Is he or she a lawyer?) Tips for Compliance 14 4/30/2013 Don’t Be Misleading Social Media is Lawyer Advertising Don’t Be Misleading Do not use client testimonials or case results lt th thatt are nonverifiable 15 4/30/2013 Don’t Use Case Results without Disclaimer Don’t Improperly Solicit Business General Announcements: •Personnel •Location Do not constitute communications soliciting professional employment. 16 4/30/2013 Don’t Improperly Solicit Business P hibit d Contact: C t t Prohibited • In-person? • Real-time? • Telephone? Don’t Improperly Solicit Business Is it smart to post photographs of car accidents online? Can insurance companies use this against you? 4:09 PM Feb 2nd from TweetDeck 17 4/30/2013 Don’t Improperly Solicit Business “If you are interested in suing the other driver, I’d be glad to help out.” Don’t Improperly Solicit Business Under Rule 7.3, response to requests from clients or prospective clients are OK. 18 4/30/2013 Using LinkedIn Step One – Join LinkedIn! Source - http://www.dummies.com/how-to/content/how-to-set-up-a-profile-on-linkedin.html 19 4/30/2013 How LinkedIn Works 1st Connection (Neighbor) You 1st Connection (Referral Source) 2nd Connection (Prospect) 1st Connection ( ll (College Friend) Step Two – Professional Picture 20 4/30/2013 Step 3: Create your • Create a profile that reflects YOU • Take the time to make it complete – not just name, rank and serial number • List current and past positions and education • Add a profile photo! • Create a wellwell-written summary Profile RECOMMENDATION: http://lewishowes.com/linkedin-marketing-videos/ Step Four – Add Connections 21 4/30/2013 Step Five – Update and Engage! • Update your status on a regular basis (goal - twice a week) • Find articles of interest to your network and share (along with a comment) • Engage with others online – especially your referral sources Step Six – Search LinkedIn 22 4/30/2013 Step Seven – Ask for Introductions Step Eight – LinkedIn Groups 23 4/30/2013 Example of Participation Level Examples p of Participation: p • • • • • • 4 hours ago 2 days ago 6 days ago 15 days ago 19 days ago 26 days ago LinkedIn Next Steps 1. Join LinkedIn and Complete the Overview Information 2. Complete Education and Employment History • Be as accurate and complete as possible 3. Add a Profile Summary and Picture • Share a short introduction to who you, what you do, and who you help. 4. Add Your Industry, Company Website Info, Hobbies and Specialties • Strong key words are better for Search Engine Optimization (SEO) 5. Claim Your Personal Public Profile URL • You can use your company name or your own name: http://www.linkedin.com/in/bwarrene) 6. Add and Upload Your Contacts • Search for People You May Know on LinkedIn • Search for business colleagues, partners, friends and other connections 7. Engage and Archive! • Add value and be proactive (share quality content, comment on posts, recommend connections, etc.) • Archive to keep a record of all social media activity. 24 4/30/2013 For Extra Credit – Use HootSuite Other Considerations 25 4/30/2013 Don’t Create Unintended Clients Supplying general information: Be Cautions about Inadvertently Creating an Attorney Client p Relationship Don’t Create Unintended Clients Be careful not to post client information on public networking site areas. 26 4/30/2013 Don’t Create Unintended Clients “A lawyer shall not reveal information relating to the representation of a client…unless the client gives informed consent, the disclosure is impliedly authorized….” Rule 1.6. Don’t Create Unintended Clients A lawyer’s acceptance/continuation g g of an engagement creates a conflict if: • Direct adversity • Substantial risk of material limitation • Waived by meeting competent diligent representation and informed consent, confirmed in writing (unless nonnon-consentable consentable)) 27 4/30/2013 Don’t Share Client/Company Secrets Don’t Improperly Investigate Opponents The use of these social networking sites by litigators can be effective in obtaining information against opponents and adverse witnesses. Philadelphia Bar Association Professional Guidance Committee, O i i 2009-02 Opinion 2009 02 (2009). (2009) 28 4/30/2013 Don’t Improperly Investigate Opponents A lawyer’s use of an employee or agent to contact an adverse witness through a “friend friend request” on Facebook and using the information found in the profile in litigation is deceptive. Avoid Mishaps Too Much Information: • Character & fitness • Lawyer misconduct • Judicial misconduct • Appearance of impropriety • Problems in trials • Client mishaps 29 4/30/2013 Questions? 30 HOW TO CATCH AND KEEP CLIENTS Afternoon Session Producing Ethical and Effective Client Communications Andrew Clark, JD Manley Deas Kochalski Lori Brown, JD Lori J. Brown, LLC Terrie Wheeler, MBC Professional Services Marketing, LLC 4/30/2013 How to Catch and Keep Clients: Producing Ethical and Effective Client Communications Presentation to: Thursday, May 9, 2013 y Presented by: Andrew Clark Manley Deas Kochalski 614-220-5611 Lori Brown Lori J. Brown, LLC 614-484-0081 Terrie S. Wheeler, MBC Professional Services Marketing LLC 320-358-1000 [email protected] [email protected] [email protected] Thanks to our Sponsors Ohio State Bar Association Ohio Bar Liability Insurance Company Solo Small Firms and General Practice Section Young Lawyers Section 1 4/30/2013 Session and Speaker Introductions Session Introduction Gretchen Mote Mote, Ohio Bar Liability Insurance Company (OBLIC) Speaker Introductions Andrew C. Clark, Manley Deas Kochalski Terrie S. Wheeler, MBC, Professional Services Marketing, LLC Lori J. Brown, Lori J. Brown LLC Ethics Rules are your Friend Overview of the Ohio Rules of Professional Conduct we will Discuss Rule 1.7 and Rule 1.8: Conflicts of Interest Rule 1.2: Scope of Representation Rule 1.5: Fees and Expenses Rule R l 1.15: 1 15 Safekeeping S f k i Funds F d and d Property P t Rule 1.16: Declining or Terminating Representation 2 4/30/2013 Conflicts of Interest Rules 1.7 through 1.13 and Rule 1.18 address clientlawyer y conflicts of interest In many instances a lawyer may undertake or continue representation in spite of a conflict of interest so long as the affected person gives informed consent, confirmed in writing. Conflict Waivers “Informed consent” is defined in Rule 1.0(f) Informed consent “Informed consent” denotes the agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course off conduct. d 3 4/30/2013 Conflict Waivers “Confirmed in writing” is defined in Rule 1.0(b). “Confirmed writing,” when used in reference to the Confirmed in writing, informed consent of a person, denotes informed consent that is given in writing by the person or a writing that a lawyer promptly transmits to the person confirming an oral informed consent. … If it is not feasible to obtain or transmit the writing at the time the person gives informed consent, then the lawyer must obtain or transmit it within a reasonable time thereafter. thereafter Conflict Waivers Under circumstances provided in the rules, client consent, confirmed in writing is permitted in these conflict rules: ◦ Rule 1.7(b): Current clients ◦ Rule 1.8(a): Business transactions with clients [writing must be signed by client] ◦ Rule 1.8(g): Aggregate settlements [writing must be signed by client] ◦ Rule 11.9: 9: Former clients 4 4/30/2013 Conflict Waivers Under circumstances provided in the rules, client consent, confirmed in writing is permitted in these conflict rules (Cont’d): (Cont d): ◦ Rule 1.11: Former and current government employees ◦ Rule 1.12: Former judges, arbitrators, etc. ◦ Rule 1.13: Organizations as clients ◦ Rule 1.18: 1 18: Prospective clients Conflict Checking Prior to First Meeting Minimum Necessary Information Updated Checks May Be Required 5 4/30/2013 Conflict Checks and Conflicts of Interest Potential client information sheet Appointment confirmation/Conflict notification Client Intake Form (OfficeKeeper) C (Off ) File setup Initial Meeting and Interview Supplemental Client Information Client Goals Legal Issues Marketing ROI 6 4/30/2013 Review of Rule 1.2 Scope of Representation Lawyer must abide by client’s decisions concerning the objectives of the representation Consult with client on means to achieve those objectives Lawyer should be punctual, avoid offensive tactics, and treat all persons involved in the legal process with courtesy and consideration Lawyer shall not present, participate in presenting or threaten to present criminal charges or professional misconduct allegations solely to obtain an advantage in a civil matter. Client Expectations Engagement/Non-Engagement Letters and Fee Agreement Invoices/Monthly Update Letters Event Notice/Recap Letters Mail/Fax Log 7 4/30/2013 Happy Clients Calibrate Expectations Their Role Your Role Outcomes Quantify Results Next Step(s) Review of Rule 1.5 Fees and Expenses Rule 1.5(c)(1) requires that all contingent fee agreements be reduced to a writing signed by the client and the lawyer. Rule 1.5(c)(2) requires the preparation of a closing statement, to be signed by the lawyer and the client, in matters involving contingent fees Rule 1.5(d) – contingent fees may not be charged in certain types of representation Rule 1.5(d) prohibits “nonrefundable” fees unless the client is informed in writing that the client may be entitled to a full or partial refund if the lawyer does not complete the representation for any reason. 8 4/30/2013 Common Errors Bank fees and check printing charges debited from trust account without offsetting funds Failure to verify collection of deposits into trust account Failure to deposit funds prior to issuing trust account checks Misuse of Trust/IOLTA Accounts Improper transactions processed through the trust account Using the trust account as an operating account Using the trust account for family, associations and non-client related transactions Depositing earned fees into the trust account Assuming bank’s decision to grant immediate credit on deposited item is the equivalent of the funds actually being collected 9 4/30/2013 Minding your Business Bank Accounts IOLTA Business vs. Personal Lines of Credit Credit Card Processingg Bookkeeping (Not just for client money) Money Management Account Ledgers Client Account Balances Expense Reporting R ti Detailing Invoicing 10 4/30/2013 Review of Rule 1.16 Declining or Terminating Representation Withdrawal may be mandatory L ithd d certain t i circumstances i t Lawyer may withdraw under Permission from the court may be required Lawyer must take steps to protect a client’s interests including delivering “all papers and property to which [] the client is entitled[.]” Promptly refund all unearned fees Thank You Time Disengagement File Closing Post Representation Survey File Retention 11 4/30/2013 15 Minute Break 3:30 – 3:45 p.m. Introduction Using Communications to Market Your Law Practice 12 4/30/2013 Building Blocks of your Marketing Plan The Four Pillars of Marketing SM I. Retain and Grow Relationships with Existing Clients • Client Satisfaction • Cross Marketing • Client Service • Referral Source Development II. Attract New Clients and Develop New Business • Networking • Market Research • Targeted Business Development • Professional Associations • Proposal Development III. Increase Name Recognition and Awareness • Advertising • Trade Shows • Branding and Identity Development • Community Involvement • Public Relations P bli and d Media M di R l ti • Social S i l Networking N t ki IV. Create Targeted and Effective Communications • Strategic Communications • Website Development • Marketing Database Management • Event Planning • Online Marketing 13 4/30/2013 Understand your Client’s Communication Style Educate clients on the legal process Clarify client expectations Discuss methods of communication How much detail they want in their invoices? Do they want you to provide updates in the laws that affect them? Find out what frustrates them about dealing with lawyers Set a goal of exceeding client expectations Keeping Your Clients Informed Regularly contact your clients to update them on the status of their matters Provide the client with a probable timeline Communicate with your clients in the method they prefer (i.e. in writing, over the phone) Make the clients feel like part of a team Ask for feedback Offer to conduct seminars and workshops for client personnel at their location – at no cost to them 14 4/30/2013 Client Surveys Client Survey End of Case Survey Review Rule 7.3 Direct Contact with Prospective Clients person live A lawyer shall not by in in-person, telephone, or real time electronic contract solicit professional employment ….unless: Person is a lawyer Person is a family member, friend, professional contact 15 4/30/2013 Networking Best Practices Command trust and respect Make a great first impression Develop a benefits-focused introduction Focus on the other person: Ask great questions Let others know you have referred them Networking Best Practices Expand your horizons Know what you want in a client Always make time to meet with a prospective referral source Follow up and follow through Make it easy for your contacts to refer you Focus on quality, not quantity Show them you’re thinking of them Say “Thank You 16 4/30/2013 A Discussion on Advertising Subject to compliance with Rule 7.1 7 3 (direct (communications) and 7.3 contact), Rule 7.2 allows lawyers to advertise Is advertising really going to attract clients? Consider involvement in social media and public relations instead How Not to Advertise 17 4/30/2013 Consider Public Relations Using your Invoices as a Marketing Tool Communicate your value to clients through the invoices you send Provide a detailed summary of your time Prepare your invoices from a client client’ss perspective Show your clients that your actions help them achieve the results they hired you for 18 4/30/2013 Other Marketing Communications Brochures Attorney Profiles Representative Experience LawFacts Website Brochures 19 4/30/2013 Attorney Profile Representative Experience: An Example 20 4/30/2013 How’s Your Website? Questions? Andrew C. Clark Manley Deas Kochalski 614-220-5611 [email protected] Lori J. Brown Terrie S. Wheeler, MBC Lori J. Brown, LLC Professional Services Marketing LLC 614-484-0081 320-358-1000 [email protected] [email protected] 21 4/30/2013 Terrie S. Wheeler, MBC Legal industry marketing coach, consultant and marketing director for over 22 years President of Professional Services Marketing, Inc. Creator of www.MarketYourLawPractice.com Terrie S. Wheeler, MBC Strategic Marketing Coach Board Member, MN Lawyers Professional Responsibility Board; Served on a District Ethic Ethic’ss Committee as an investigator and on the screening committee Email: TWheeler@PSME il TWh l @PSM Marketing.com Direct: 320-358-1000 Past Chair, Marketing and Client Service Section, Minnesota State Bar Association Lori J. Brown Assistant Disciplinary Counsel of the Supreme Court of Ohio for 18 yyears,, 1994-2012 • Judicial Law Clerk, Supreme Court of Ohio and Sixth District Court of Appeals • In-house counsel, Safelite Glass Corp., Columbus • Lori J. Brown LLC – defending grievances; advisory opinions; IOLTA review; bar admissions; and, expert witness testimony Lori J. Brown LORI J. BROWN LLC Phone: 614-484-0081 Email: [email protected] 22 4/30/2013 Andrew C. Clark Practice experience in Solo, Small, and Mid-size firm settings g Vice Chair, Solo, Small Firm and General Practice Section, Ohio State Bar Association Public Service Chair, Young Lawyer Section, Ohio State Bar Association Editorial Board Member – ABA GP|Solo Magazine ANDREW C. CLARK Attorney Email: [email protected] Phone: 614-754-2884 23 HOW TO CATCH AND KEEP CLIENTS Afternoon Session Substance Abuse, Chemical Dependency and Mental Health Concerns in the Legal Profession Scott R. Mote, JD Executive Director Ohio Lawyers' Assistance Program SUBSTANCE ABUSE, CHEMICAL DEPENDENCY AND MENTAL HEALTH CONCERNS IN THE LEGAL PROFESSION OHIO LAWYERS ASSISTANCE PROGRAM, INC. SCOTT R. MOTE, J.D. Executive Director PAUL A. CAIMI, J.D., LCDC-III, ICADC Associate Director PATRICK J. GARRY, J.D. Associate Director STEPHANIE S. KRZNARICH, MSW, LISW-S, LCDC-III Clinical Director MEGAN R. SNYDER, MSW, LISW Clinical Associate Funded By: The Supreme Court of Ohio Ohio State Bar Association Ohio Bar Liability Company SUBSTANCE ABUSE, CHEMICAL DEPENDENCY & MENTAL HEALTH CONCERNS IN THE LEGAL PROFESSION Ohio’s integrated program: The legal profession's response to substance abuse, chemical dependency and mental health concerns in Ohio I. The Organization The Ohio Lawyers Assistance Program, Inc. (OLAP) II. The Three Components Education Advice and Intervention Assistance Treatment and After-Care Support III. Key Rules and Statutes Gov. Rule I, Section 3(E)(2)--One hour of instruction to sit for bar examination Gov. Rule X, Section 3(A)--CLE Requirements Professional Cond. Rule 8.3(c)—Confidentiality Judicial Cond. Rule 2.14—Disability & Impairment/Confidentiality R.C. Section 2305.28--Qualified Immunity for Intervention Participant Gov. Rule V, Section 9(B)--Monitoring IV. Funding and Other Support The Supreme Court of Ohio The Ohio State Bar Association Ohio Bar Liability Insurance Company (OBLIC) SCOTT R. MOTE, J.D. Executive Director Ohio Lawyers Assistance Program, Inc. 1650 Lakeshore Drive, Suite 375 Columbus, Ohio 43204-4991 800-348-4343 614-586-0621 614-586-0633 (Fax) [email protected] www.ohiolap.org B.A. cum laude, Wright State University 1972; M.A., University of Dayton 1973; J.D., Capital University Law School 1977. Admitted to practice: Ohio, 1977; U.S. District Court, S.D. Ohio, 1977; Florida, 1978; U.S. District Court, N.D. Ohio, 1978; United States Supreme Court, 1987. Professional Memberships: Ohio State Bar Association (Council of Delegates, District 7; Estate Planning, Trust & Probate Law Section); Columbus Bar Association (Admissions (Chair 1994-96); Probate Committees); The Florida Bar (Out-ofState Practitioners Division); Ohio State Bar Foundation; Columbus Bar Foundation; Central Ohio Association for Justice; Central Ohio Association of Criminal Defense Lawyers; Commissioner, American Bar Association Commission on Lawyer Assistance Programs (2010-present). Mr. Mote was presented the 2005 Award of Merit for service to the profession by the Columbus Bar Association, and the 2006 Ohio Bar Medal by the Ohio State Bar Association, its highest award, for service to the profession. In 2010 the Ohio State Bar Association presented him the Eugene R. Weir Award for Ethics and Professionalism . Hobbies/Avocations: Golf, hunting, fishing, trap, skeet & sporting clays shooting, reading & observing the arts. Mr. Mote is Executive Director of the Ohio Lawyers Assistance Program, Inc. (OLAP), which was formed by the Lawyers Assistance Committee of the Ohio State Bar Association. PAUL A. CAIMI, J.D.,LCDC-lll, ICADC Associate Director Ohio Lawyers Assistance Program, Inc. 46 Chagrin Plaza, Suite 106 Cleveland, Ohio 44022 800-618-8606 440-338-4463 440-338-1151 (Fax) [email protected] A.B., Psychology, Harvard College 1982; J.D., Boston University School of Law 1986. Admitted to practice: Ohio, 1986; U.S. District Court, N.D. Ohio, 1987; U.S. Court of Appeals, 6th Cir., 1992; United States Supreme Court, 1992. Certified Chemical Dependency Counselor (LCDC-III, Ohio ). Professional Memberships: Ohio State Bar Association, Cleveland Bar Association (Lawyers Assistance Committee). Mr. Caimi is Associate Director of the Ohio Lawyers Assistance Program, Inc. (OLAP). ************************************************************************** PATRICK J. GARRY, J.D. Associate Director Ohio Lawyers Assistance Program, Inc. 1019 Main Street, Suite 100 Cincinnati, Ohio 45202 513-623-9853 513-381-1255 (Fax) [email protected] B.A. History, Boston College, 1986; J.D., University of Cincinnati, 1991. Admitted to practice in Ohio, 1991; U.S. District Court, S.D. Ohio, 1992. Professional Memberships: Ohio State Bar Association; Cincinnati Bar Association. Mr. Garry is Associate Director of the Oho Lawyers Assistance Program, Inc. (OLAP). He maintains a law practice concentrating on criminal defense. STEPHANIE S. KRZNARICH, MSW, LISW-S, LCDC-III, ICADC Clinical Director Ohio Lawyers Assistance Program, Inc. 1650 Lake Shore Drive, Suite 375 Columbus, Ohio 43204-4991 800-348-4343 614-586-0621 614-586-0633 (Fax) [email protected] B.S. Social Work, The Ohio State University, 1994; M.S. Social Work, The Ohio State University, 1997; Bethany Theological Seminary, Graduate Courses, 1994-1996. Licensed Independent Social Worker-Supervisor (LISW-S), Ohio, 2001. Licensed Chemical Dependency Counselor (LCDC-III), Ohio, 2008. Professional Experience: Research positions at The Ohio State University in both the College of Social Work and the College of Psychiatric Nursing; Clinical Social Worker/Mental Health Therapist at Harding Hospital and The Ohio State University Hospitals East (older adult psychiatric units); Chemical Dependency Counselor, Talbot Hall, at The Ohio State University Hospitals East and Parkside Behavioral Healthcare Center (detox, inpatient and outpatient levels of care), Chemical Dependency Counselor and Driver Intervention Facilitator at The Wellness Center; Clinical Counselor at multiple Nursing Homes in Columbus, Ohio and the surrounding area; Mental Health Therapist/Drug and Alcohol Counselor at three Community Mental Health Centers in Columbus, Ohio; Facilitator of Driver Intervention Programs for The Wellness Group, and private practice. ************************************************************************** MEGAN R. SNYDER, MSW, LISW Clinical Associate Ohio Lawyers Assistance Program, Inc. 1650 Lake Shore Drive, Suite 375 Columbus, Ohio 43204-4991 800-348-4343 614-586-0621 614-586-0633 (Fax) [email protected] B.A. Psychology, State University of New York at Albany, 1995; Master of Social Work, New York University, 2000. Licensed Independent Social Worker, Ohio, 2008. Professional Experience: Medical Social Worker at Beth Abraham Health Services, specialized in psychosocial assessments and discharge planning, Bronx, New York; Social Worker and Regional Social Work Mentor at VistaCare Hospice, developed and conducted companywide trainings surrounding issues of death and dying, Columbus, Ohio; Development Associate at the Columbus Jewish Federation, assisted with the annual campaign, Columbus, Ohio.
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