MCLE SELF STUDY
The Substance of Getting Well Soon By Oliver Greenwood Substance use and wellness is an important issue for members of the legal profession. People often ask me whether or not they have a problem with drinking. I’m flattered, but the problem with that question is that I do not know the answer. They tell me about their consumption and expect that there is a number which, if passed, causes them to be considered an alcoholic. What I can tell them is that most people that don’t have a problem, don’t ask if they have a problem (sorry if that is too close to home). The Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (DSM-5) used by medical professionals provides guidance. Note the term of art is “substance use disorders” and no longer “abuse.” There are four categories and the level of severity is determined by a physician: 1. Impaired Control—using more of a substance than intended. Wanting to cut down or stop using but not being able to; 2. Social Problems—Neglecting responsibilities and relationships. Giving up activities they used to care about because of the substance use. Inability to complete tasks at home, school or work; 3. Risky Use—Using in risky settings. Continued use despite known problems; 4. Pharmacological Indicators— Needing more of the substance to get the same effect. Having withdrawal symptoms when a substance isn’t used.
The stresses of the legal profession are real. Frequently, substance use leads to attorney misconduct. It is no surprise that 21 percent of the participants of the State Bar’s Alternative Discipline Program made their way to them by way of the State Bar Court due to substance use disorders – this according to the 2018 State Bar Lawyer Assistance Program Annual Report. Ultimately, the determination as to whether it is time for someone to stop drinking or using substances has to be determined by the individual and that individual alone.
But is abstinence the only solution?
I’ve recently become familiar with one of many adults able to use alcohol and other substances with no ill effects. Discussing his recent book, Drug Use for Grown-Ups, Dr. Carl L. Hart, a recreational drug user states, “I do not have a druguse problem. Never have. Each day, I meet my parental, personal and professional responsibilities. I pay my taxes, serve as a volunteer in my community on a regular basis and contribute to the global community as an informed and engaged citizen.” Note: I do not recommend a work-life balance which includes illegal drugs or illegal drug use, I only want to highlight that there are other opinions. Dr. Hart takes the approach that responsible use can enrich and enhance lives. Dr. Hart further argues that actual addiction is relatively low if following the criteria of the DSM-5.
Another option is the practice of “Mindful Drinking.” Whitney Akers, in their April 10, 2020, Healthline.com article, “What is Mindful Drinking? How It Can Help Your Mental Health,” describes Mindful Drinking (MD) as the concept of being intentional with one’s decisions around alcohol. A prime focus of MD is the awareness of each drink and a healthy relationship with alcohol. Akers is clear that MD isn’t for people with alcohol use prob-
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CONTRA COSTA COUNTY BAR ASSOCIATION CONTRA COSTA LAWYER
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