Comprehensive Lawyer Regulatory System

Alternatives to Dicipline Program

Over the years, disciplinary systems nationwide have moved away from what was historically a prosecutorial model of lawyer discipline. The expanded system of lawyer regulation adopted as a matter of national practice, contemplates an expanded role for Regulation Counsel who are responsible for investigating and prosecuting allegations of lawyer misconduct. This expanded role of Regulation Counsel is one that includes the ability to take remedial actions, including through Alternatives to Discipline Programs or referring complainants to other appropriate component entities in the regulatory system.

Alcoholism, substance abuse, gambling disorders, and other mental health issues impact the legal profession at higher rates than the general population and some other professions. These issues not only negatively impact and can cause harm to clients and the justice system, but they impact lawyers’ families and those with whom they practice law.

The organized bar and the profession have long recognized the need for resources, strategies, and support for lawyers, judges, and law students. In response, in the 1990’s the American Bar Association created the Commission on Lawyer Assistance Programs. The Commission’s mission is to ensure that lawyers, judges, and law students have access to support and assistance when confronting these issues so that they can recover and clients and the public are protected. As a result, each U.S. jurisdiction has a Lawyer Assistance Program, as do some other countries.

The Supreme Court of Guam and the Guam Bar recognize that substance abuse, mental health, and other disorders exist in Guam’s legal profession, and that creation of a Lawyer Assistance Program consistent with national practice, is critical. The GRLDEDP create and implement a Lawyer Assistance Program as a stand-alone entity and as part of the Alternatives to Discipline Program, to be operated by the Guam Bar Association. In a matter involving lesser misconduct (as defined by the GRLDEDP), prior to the filing of formal charges, Regulation Counsel may refer the respondent to the Alternatives to Discipline Program. The Alternatives to Discipline Program may include fee arbitration, arbitration, mediation, law office management assistance, lawyer assistance programs, psychological counseling, continuing legal education programs, ethics school, or any other program authorized by the Court.