By Zeb Barnhardt and Robynn Moraites
There is some confusion for some between the NC Lawyer Assistance Program (NC LAP) and BarCARES. We hope to clear up the confusion. Both programs assist lawyers who need counseling, medications, or treatment for the full panoply of addictions and mental health issues. Both are confidential programs. Both are also free of charge. But they operate very differently—each working as a superb complement to the other.
NC LAP is a program of the NC State Bar, and the BarCARES Program is sponsored by the NC Bar Association (NCBA). BarCARES provides referral for counseling services to lawyers who are either members of the NCBA or of local bar associations that have subscribed to the program. The program also serves district court judges, paralegals, and members of the Eastern Bankruptcy Institute. Members in qualifying districts are entitled to three free visits a year with a counselor in the BarCARES referral network. In many districts, a unique feature of BarCARES is that any of the three free annual visits may be used by a family member and are not limited to only the lawyer. Following the free visits offered within BarCARES, an attorney can generally continue work with the same counselor, if need be, using insurance benefits.
All BarCARES contact is made through HRC Behavioral Health & Psychiatry, PA, the organization that administers and arranges counseling provider services for the BarCARES program. BarCARES has a network of counselors and therapists across the state who specialize in treating a wide variety of mental health and addiction conditions, as well as work with normal stress and personal dilemmas that could interfere with lawyer performance and/or quality of life.
NC LAP provides services to all lawyers, judges (both federal and state), and law students in the state. While NC LAP has three full-time, licensed counselors on staff and provides some short-term or targeted direct counseling services, most of their work involves initial assessment, referral, and longer-term support and case management. First, NC LAP provides an initial consult to determine what issues most need attention and assistance. NC LAP then refers lawyers to counseling services that are likely the best fit, or makes treatment recommendations based on the unique needs of the lawyer. NC LAP may pull from its network of over 200 lawyer and judge volunteers across the state who have overcome similar issues, and connect the lawyer with a peer support person or a lawyer discussion group. For lawyers who are recovering from any drug or alcohol problems, NC LAP supports them when they return from treatment for the first few years with mentor pairing, support groups, and case management. NC LAP also runs peer support and discussion groups across the state. These groups are not limited to lawyers recovering from alcohol or drug problems—lawyers dealing with stress, depression, and other issues also benefit. Many lawyers who engage with NC LAP long term eventually become volunteers. NC LAP provides ongoing training for its volunteers, and through its support groups and annual conferences, volunteers and clients become a tight-knit community across the state.
BarCARES and NC LAP work cooperatively and cross-refer. For example, if a lawyer contacts NC LAP and is located in a BarCARES district, in the event long-term counseling is recommended (and it almost always is), NC LAP will match the lawyer with the most suitable counselor in the BarCARES network, so that the first three visits each year are free. For example, NC LAP counselors know which counselors in the BarCARES network specialize in career counseling, divorce, depression, and the like. And NC LAP can pair client and therapist personalities and approaches—sometimes we need a comforting ear, sometimes we need a kick in the rear. Getting that match right is important. Sometimes a lawyer has a unique issue that requires a specialized counselor. When NC LAP has requested that lawyers be paired with such specialists, BarCARES has agreed to bring those NC LAP-recommended counselors “in network” for the benefit of the lawyer. This has proved especially helpful in smaller, more rural districts. Similarly, if a lawyer has been seeing a counselor in the BarCARES network, and the counselor thinks the lawyer would benefit from additional support like speaking to peers who have overcome similar issues, or that the lawyer needs more comprehensive, engaged support than traditional therapy can provide, the BarCARES counselor will recommend that the lawyer contact NC LAP. Lawyers who are cross-referred in this way sign releases allowing the BarCARES and NC LAP counselors to confer about what would be most helpful to the lawyer along the way. Lawyers who take advantage of these programs fare incredibly well and receive a network of support enjoyed by few.
Both programs are confidential and work together for the good of North Carolina’s legal community. Each program can be contacted independently. Few states have such comprehensive resources available to their lawyers and judges. We should count ourselves lucky.