Dr Kate Kersey1, Dr Marta Rychert2, Ms Olivia Kelly3, Professor Kate Diesfeld4., Professor Lois Surgenor5
1University of Auckland, Centre for Addiction Research Faculty of Medical and Health Sciences, Private Bag 92019 Auckland Mail Centre, Auckland 1142 New Zealand, 2Massey University, SHORE & Whariki Research Centre, Private Bag 11 222 Palmerston North, 4442, New Zealand, 3Auckland University of Technology, School of Public Health and Interdisciplinary Studies, Private Bag 92006, Auckland, 0627, New Zealand, 4Auckland University of Technology, School of Public Health and Interdisciplinary Studies, Private Bag 92006, Auckland, 0627, New Zealand, 5University of Otago, Christchurch, Department of Psychological Medicine, PO Box 4345, Christchurch 8140, New Zealand
Abstract:
Lawyers are at increased risk of problem alcohol and drug use consumption, which is linked with mental health issues, stressful workplace conditions, and workforce cultures. Problem alcohol and drug use may be associated with impaired performance at work, with implications for fitness to practice and potential harm to clients. For health practitioners, some professional bodies have established health pathways with the aim to restore practitioners with substance use issues to full health and competent practice. While there is no official health pathway for lawyers in Aotearoa New Zealand, for lawyers disciplined by the Lawyers and Conveyancers Disciplinary Tribunal (LCDT) rehabilitation is a key penalty principle, in addition to protecting public safety. We analysed the disciplinary decisions by the LCDT between 2018-2022 (N=94) to identify where alcohol or drug use was relevant to the practitioners’ conduct. We present descriptive findings of the practitioners involved, type of substance (i.e. alcohol and methamphetamine), conduct setting, penalties imposed by the LCDT, and the frequency of rehabilitative conditions compared to similar conduct where problem alcohol and drug use was not present. We also present a preliminary thematic analysis of the LCDT’s approach to problem alcohol and drug use. We argue for a consistent restorative approach that promotes the well-being and fitness to practice of such practitioners, enhancing profession sustainability and public safety.