Putting the Plug in the Jug: The Malady of Alcoholism and Substance Addiction in the Legal Profession and a Proposal for Reform

To members of the legal profession, and many of those familiar with it, the high rate of chemical dependency among practitioners is not a secret. Moreover, there is a strong correlation between chemically dependent attorneys and ethical violations across the nation. Over the past thirty years, the legal profession has generally dealt with the alarming amount of professional misconduct rooted in an attorney’s alcoholism or substance addiction by imposing discipline. With the exception of some state-led movements toward rehabilitating the addicted attorney, little has been done on the national level to address chemical dependency among practicing attorneys. Drawing from the Model Rules of Professional Conduct and the “Mitigating Factor approach” used by some state courts, this Note argues that the current method of dealing with ethical violations that arise from the conduct of alcoholic and addicted attorneys does not provide adequate remedies to protect the public, the profession, or the chemically dependent attorneys individually. The Note proposes an amendment to Rule 8.3 of the Model Rules of Professional Conduct to prevent the harm caused by attorney impairment due to substance abuse. This Note argues that such an amendment is a necessary and timely reform

Preventing Neonatal Abstinence Syndrome within the Opioid Epidemic: A Uniform Facilitative Policy

The United States is currently in the midst of an opioid epidemic that has hit states in the southern New England regions particularly hard — with Massachusetts as one primary example. One of the many unfortunate results of the epidemic is a dramatic upsurge in cases of opioid dependency by expectant women that result in children born with Neonatal Abstinence Syndrome (NAS). NAS is a clinical syndrome that occurs when a newborn suffers withdrawal symptoms as a consequence of abrupt discontinuation of prenatal substance exposure. The expenses of treating and rehabilitating these drug-dependent newborns, predominantly shouldered by state taxpayers, are extremely costly, with a mean cost per stay of $93,400 for pharmacologically-treated cases. This Article illustrates a policy, grounded in facilitative principles, designed to reduce incidents of NAS. Key components to the solution’s success should rely on early identification of opioid abuse or dependence during pregnancy, as well as adherence to a standardized protocol implemented uniformly throughout public hospitals state-wide. The Article concludes by reemphasizing the importance of acting promptly and assertively to protect society’s most vulnerable members from the tragic epidemic

Why Write?

Introduction to the Winter 2016 issue of the UMass Law Review, written by Alexander O. Rovzar, Editor-in-Chief

Preventing Neonatal Abstinence Syndrome within the Opioid Epidemic: A Uniform Facilitative Policy

The United States is currently in the midst of an opioid epidemic that has hit states in the southern New England regions particularly hard — with Massachusetts as one primary example. One of the many unfortunate results of the epidemic is a dramatic upsurge in cases of opioid dependency by expectant women that result in children born with Neonatal Abstinence Syndrome (NAS). NAS is a clinical syndrome that occurs when a newborn suffers withdrawal symptoms as a consequence of abrupt discontinuation of prenatal substance exposure. The expenses of treating and rehabilitating these drug-dependent newborns, predominantly shouldered by state taxpayers, are extremely costly, with a mean cost per stay of $93,400 for pharmacologically-treated cases. This Article illustrates a policy, grounded in facilitative principles, designed to reduce incidents of NAS. Key components to the solution’s success should rely on early identification of opioid abuse or dependence during pregnancy, as well as adherence to a standardized protocol implemented uniformly throughout public hospitals state-wide. The Article concludes by reemphasizing the importance of acting promptly and assertively to protect society’s most vulnerable members from the tragic epidemic