Holding that an  attorney suffering from depression was suspended from the practice of law for a period of 120 days; suspension was to ensure there would be evidence of a meaningful and sustained recovery before the attorney was allowed to return to practice.

Beck, Connie J.A.

Benjamin, G. Andrew H.

Sales, Bruce D.

English

Cleveland-Marshall College of Law

Journal of Law and Health Volume 10 Issue 1 Article 3 1995 Introduction Stephen J. Werber Cleveland State University Kate E. Ryan Follow this and additional works at: https://engagedscholarship.csuohio.edu/jlh How does access to this work benefit you? Let us know! Recommended Citation Stephen J. Werber & Kate E. Ryan, Introduction, 10 J.L. & Health i (1995-1996) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Journal of Law and Health by an authorized editor of EngagedScholarship@CSU. For more information, please contact library.es@csuohio.edu. INTRODUCTIONVolume 10 of the Journal of Law and Health celebrates the culmination ofour first ten years of publication simultaneous with commencement of thecentennial year of the Cleveland-Marshall College of Law. Since its inceptionthrough the merger of the independent Cleveland Law School andJohn-Marshall Law School, the tradition of our College of Law has been one ofaccess and of service to our community. The Journal of Law and Health,consistent with this tradition of access, has a liberal policy under whichstudents may become associate members and provides both students andothers with a forum to publish articles relating to health law which areinformative, current, sometimes controversial, and which might not findanother forum.Since publication of its inaugural issue in 1985/86, the Journal has sought tocarry on the tradition initiated by those who envisioned it and brought it tolife.1 The Editors and Staff remain indebted to The David S. Stein Foundationand The Treu-Mart Fund, supporting organizations of The Jewish CommunityFederation of Cleveland and the Cleveland Foundation as well as to the HarryK. Fox and Emma R. Fox Charitable Foundation for their initial financialsupport. We also remain indebted to the students, faculty, and staff of theCleveland-Marshall College of Law who dreamed the dreams and then had thededication to make those dreams a reality. For the past eight years the Journalhas benefitted from the outstanding support of Dean Steven R. Smith, a truescholar in the field of health law. Dean Smith assisted us in attracting majorwriters and in maintaining a standard of excellence and professionalism ofwhich we are proud. He was instrumental in our ability to publish the leadarticle in this Issue of the Journal - an article which the Editors believe to be oneof utmost importance to all members of the legal profession.This article, Lawyer Distress: Alcohol-Related Problems and Other PsychologicalConcerns Among a Sample of Practicing Lawyers, reflects the continued researchefforts and analysis of a team of nationally recognized researchers: Connie J.A.Beck, Bruce D. Sales, and G. Andrew H. Benjamin. This piece, written from theperspective of sociology, psychology, and statistics rather than traditional lawreview scholarship, demands notice. Just as similar studies have beenpublished by the American Bar Association as a means to reach the legalcommunity, the Journal is honored to have been chosen as the forum forpublication of this major work. Once through the data, and to understanding,this article presents a clear call for action.Although psychological effects have long been recognized as important andadversely affecting many lawyers, it is now apparent that stress begins soonerthan we believed in the process of legal education and that its ramifications aregreater both qualitatively and quantitatively than we had previously1See Robert L. Bogomolny, Forward, 1 J.L. & Heath i (1985-86).JOURNAL OF LAW AND HEALTHrecognized. The data and analysis in this article reveal a pattern of behaviorwhich, if left unchecked, will ultimately destroy much of what our professionshould represent. Although further study is needed, it is likely that it will onlyserve to reinforce what is now obvious. What is truly needed is response atevery level from legal education through all stages of practice. Thecommentators, Dean James Alfini and Mr. Joseph Van Vooren of NorthernIllinois University College of Law, Dean Peter Glenn of The Dickinson Schoolof Law, Professor Geoffrey Hazard, Director of the American Law Institute andTrustee Professor at the University of Pennsylvania Law School, and Ms. SusanLocke of KeyCorp, reviewed this article and made clear that steps need be takenthough how they are to be effectuated remains to be determined.Perhaps most revealing is the absence of attention to how law schoolpedagogy affects the students it is intended to benefit. Not only do many lawfaculty appear unaware of the negative affects of abusive teaching styles on thelearning process, 2 they are too often unaware of the broader effects of theirpower over students. This power has the capacity to injure. Law faculty mustrecognize a duty to prevent such injury. Just as the physician, law faculty mustnow recognize a new and important obligation-do no harm. Certainly, thestudy of law must be rigorous and demanding. Certainly, faculty need theability to impose a degree of stress upon students and to force students toachieve to their full capacity. A little fear, as a little rebellion, can be of benefit.The difficulty is in determining when the line between beneficial stress intodangerous stress has been crossed.Law faculty, as a group, also lack any training or expertise in substanceabuse. We often fail to see that our students are engaged in alcohol or drugabuse situations and we are, therefore, unable to intercede, give counsel, orarrange for others to do so. Unless and until law faculty recognize these factorsit is likely that too many law students will continue to start down the path ofstress and substance abuse early in their legal education. The students, not thefaculty members, are responsible for their own behaviors -both good and bad.Nevertheless, faculty must recognize that they can and do influence thesebehaviors and, at the very least, should be aware of the danger signs. To theextent that faculty members contribute to the problem we are responsible forassisting in resolving it. "If not now, when?' 3The Journal also proudly presents, Professor Steven I. Friedland's article, TheHealth Care Proxy and the Narrative of Death. Professor Friedland offers aprovocative look into the conflicts surrounding the subject of death or thenarrative of death.Currently the Western legal, medical, and individual arguments concerningthe point at which death occurs conflict greatly. As you will read in Professor2 The Socratic method, and its many variations, can be highly effective teachingmethodologies. However, when used as a bludgeoning device or a tool to embarrassstudents while revealing the intellect of the professor, its benefits are negated and itbecomes a tool of abuse.3 Hillel.(Vol. 10:iINTRODUCTIONFriedland's article, one person's idea of life is another person's pronouncementof death. Thus, many individuals obtain advanced directives in hopes that theymay independently choose and reject specific medical treatment, in effect,directing their own death. However, advanced directives such as the healthcare proxy become burdened by individual opinions concerning death withinour legal and medical communities. Members of society continue to struggleto understand advanced directives, when they are appropriate, and how toimplement them. Thus, although many Westerners have come to acceptadvance directives such as the health care proxy, Professor Friedland believesthat our anxiety with death has caused us to abandon their use.Professor Friedland suggests that the Western narrative of death,predominated with avoidance and denial, contributes to the resulting disuseof the health care proxy. Also, the narrative of death often becomes heated withpersonal, religious, political, and cultural influences that affect every aspect ofthe debate. Professor Friedland attempts to reach beyond the influences thatmay affect the debate toward legal doctrines that will aid doctors, individuals,and families in defining death and determining when to allow death.The article proposes that society develops a new narrative of death which inturn will promote the health care proxy. Professor Friedland encouragesindividuals to consider death a "season of life" and utilize the health care proxy.Anew narrative of death, he believes, will promote less human life inevitablyand indeterminately sustained on life-prolonging machines and/or bylife-prolonging medical treatment absent an individual's consent.Stephen J. Werber, Faculty AdvisorKate E. Ryan, Editor-in-Chief1995-96]

Lawyer Distress: Alcohol-Related Problems and Other Psychological Concerns Among a Sample of Practicing Lawyers

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Lawyer Distress: Alcohol-Related Problems and Other Psychological Concerns Among a Sample of Practicing Lawyers

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