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she says. They may be involved in ugly litigation, which is often humiliating because the details of the legal battle of- ten become public knowledge in towns where so many small practitioners work. Some lawyers turn to alcohol or drugs to cope with stress or other problems, says Curtis. Withdrawing and not responding when people contact them are signs that a lawyer may have a serious problem. Financial pressure can cause some lawyers to make bad de- cisions and judgment calls, which can land them in trouble, especially when their depression stems from personal prob- lems, such as a death in the family, says Bencher Judith Potter, co-chair of the LSUC working group. Making a bad decision may be just a blip in their career, she says, but once this be- haviour starts, some perpetuate the problem, out of fear of losing their livelihood, by hiding and not seeking help. "That's a horrific life-change and part of the problem is that lawyers view the law society, their regulator, as something to be afraid of, something to be wary of, so they're not likely to reach out for help when they should because help is available." When lawyers encounter someone who seems to be falling apart, they should offer to help, says Potter. But if lawyers know another lawyer is doing something seriously wrong, they should give the person a choice: either self-report or be reported. Curtis was a new lawyer when she first encountered a sole practitioner who would not respond to her calls, but says she was too young and inexperienced to realize this was a dan- ger sign. "He was representing the client on the other side of my case. He wouldn't return my phone calls and he wouldn't answer my letters, and I didn't understand that that meant there was something wrong," she says. Not long after, this lawyer torched his house, was charged with arson, and was ultimately disbarred. "When the story came out, many, many lawyers had complained to the law society about him. And I should have. I should not have assumed that everything was okay. I should have taken the initiative." Sole practitioners may be isolated, but Curtis does not be- lieve that no one notices when they are in trouble and need help. Often, in discipline cases involving lawyers with serious substance-abuse problem, their secretaries, other lawyers, judges, and court staff knew about the problem but didn't do anything, says Curtis. "We need to ask ourselves why," she says. "What is everybody waiting for? I'm really surprised at how severe it has to be before people take initiative." When, because of burnout, stress, or other problems, sole practitioners and small firm lawyers are not doing their jobs well, they are more likely than lawyers in large firms to wind up in trouble, because, in larger firm settings, someone swoops in to help and removes the person from client service, says Curtis. And often, clients' complaints about lawyers are motivated by the desire to get their money back — something sole practitioners and small-firm lawyers can't always do. Resources do exist for those struggling with practice man- agement problems or who need help with family or sub- stance-abuse problems. Most law societies across the country provide practice management support, tools, and informa- tion for their members. Then there are confidential, toll-free call-in services available across Canada for lawyers suffering 34 FEBRU AR Y 2008 www. C ANADIAN Law ye rmag.com from burnout, stress, depression, addiction, and other prob- lems (see sidebar). Many of them also provide peer support, so in cases where a lawyer may need help with the business side of their practice, they can ask for the assistance of an- other lawyer well versed in the area, says Cassidy. John Starzynski, a former sole practitioner and volunteer executive director at the Ontario Lawyers Assistance Pro- gram, says those receiving phone calls do not report to the law society unless the lawyer is involved in criminal activity that relates to a client's interests. "Ninety-nine per cent of the people that call us get some relief from their problems," says Starzynski. "And oftentimes, it's just the fact that they've got somebody to talk to, somebody who understands, somebody who is not judging them." But some try to cope by turning to drugs or alcohol or other addictions, says Starzynski. "They can end up with full- blown additions where they don't look after their clients' in- terests," he says. "They miss court dates. They don't do things that they've promised to do. Clients not only complain, but maybe clients sue them. That's big stuff. . . . They may just collapse and come to the conclusion that they don't want to practise law anymore." In many situations where lawyers end up in discipline, the result could have been avoided, he says. "Sure some of them are in there because they are outright thieves and are in dis- cipline because they deserve to be," he says. "But maybe some of them are there because they are ill. That doesn't excuse their behaviour . . . but maybe if they had [received] help at an earlier stage, it wouldn't have gone that far." Cassidy, who has been a peer volunteer in Nova Scotia for 15 years, says lawyers today do find it much easier to ask for help, and the profession has come to recognize that it's not a stain on your personality to reach out. He notes that younger lawyers are more willing than older lawyers to ask for help, which "is a good sign for the future." But while it is getting better, asking for help is still a major hurdle for many lawyers to get past. "It's hard for any professional to seek help," he says. "We are trained to give help, not seek help." The LSUC's report is spurring changes, at least in Ontario, but they are slow in coming. However, many of these changes probably wouldn't have helped Singh. He says his burnout was largely the result of being a litigator — a vocation he says is "exciting as hell" but physically taxing. "Always your clients were needy and you have to keep in mind that the role of a litigator is that of a priest, of a friend, of a counselor or a psychiatrist, of an advocate," he says. "Each one of those roles takes a heavy toll." Because he came from a big-firm background, Singh says he never felt isolated and could always reach out to other experts for advice. He also hired junior lawyers and assis- tants during long trials to ease his load. "Nevertheless, when you are a litigator, you are leading the orchestra and you are the performer as well," he says. "And there's no feeling tired, there's no break. You just carry on until the end." Nonetheless, his clients suffered. He was burned out, and a number of small problems seemed to snowball into a much larger problem. And in the end, the law society decided his transgressions were sufficient to disbar him.