July 24, 2017

Archives for September 30, 2016

The Addicted Lawyer: Silence is Deadly

Editor’s Note: This article originally appeared on Above the Law on September 16, 2016. Reprinted with permission.

September is Suicide Awareness Month. If you or someone you know is struggling with addiction or suicidal thoughts, please get help. The Colorado Lawyer Assistance Program provides confidential assistance — call (303) 986-3345 or visit coloradolap.org

briancuban-e1473974781722By Brian Cuban, Esq.

July 2005. A dark room. Table, desk, chairs. I’m with a staff psychiatrist of the Green Oaks Psychiatric Facility in Dallas, Texas. My brothers, Mark and Jeff, are sitting at the table across from me. I have a vague recollection of my younger brother rousing me from my bed. My .45 automatic lying on my nightstand.

The residuals of cocaine, Xanax, and Jack Daniels are still coursing through my veins. Questions from the attending psychiatrist pierce my fog and anger like tracer rounds. “What drugs have you taken? How are you feeling? Do you want to hurt yourself?”

In the back of my mind, what’s left of the lawyer takes over. I know that my family can’t commit me, but he can. Proceed with caution. I don’t mention that I had been “practicing” sticking the barrel of the gun in my mouth and dry-firing the gun.

Ripped back to reality. Voices in the room. The doctor is talking to me again. When was the last time I used cocaine? I’m pretty sure it has been recently, since it was all over the room when my brothers showed up. I had become the consummate liar in hiding the obvious cocaine habit and drinking problem from my family.

More questions. Do I think I need help? Will I go to rehab? Sure, whatever will get me out of here? I lash out again. They have no right to do this. I yell across the table. “You have no right to control my life! I am an adult! Mind your own business!” They quietly let me rant.

Blaming them for the darkness is so much easier than seeing the light. The doctor is asking calm, focused questions, to ascertain whether I am a danger to myself. At times I am calm in my answers. At times I am crying, angry at him, then at my brothers. Quit asking the same questions! I know your game! Quit treating me like an idiot!

An hour has passed. The room is getting brighter. The love and calm of my brothers soothes me. Quiets me, softens my edges. It’s always been there, but I wasn’t present enough to sense it. I was thinking only of myself: My next high. My next drink. Without the drugs, what am I going to see in the mirror each morning? The thought terrifies me. My brothers calm me, and I begin to focus on my love for my family. Arms are around me. Holding me. I begin to feel the love penetrating my shell. They are not the enemy. Should I go to rehab? What about twelve-step? I’m still on the defensive, but at least for the moment I can listen. Have to grab those moments. They don’t come often.

Sitting in that room during my first of two trips to a psychiatric facility seems so long ago. Today I am closing in on ten years of long-term recovery from addiction. I still deal with clinical depression and take medication daily. I see a psychiatrist weekly. I am also a lawyer. I am part of profession with an alarmingly high suicide rate. An alarmingly high rate of substance use, particularly alcohol. I’ve been there. I get it. I also talk to many in the profession weekly who are currently struggling. Some have contemplated suicide. I ask them what they are afraid of. What’s holding them back from taking that first step forward towards the light. It’s almost always about loss. Loss of license. Loss of job. Loss of family. Interestingly however, the fear of loss is generally attached to disclosure of the problem and not the possible consequences of the problem itself. That is what we know as the “stigma of addiction.” A problem that cuts across demographics but is particularly powerful in the legal profession. We are strong. We are hard chargers. We are “thinkers” who can problem solve our way out of any situation without disclosure. We are not vulnerable.

I am here to tell you that that emotional vulnerability is a good thing in taking that first step to get help. Reaching out is not weakness, it’s courage. Asking questions as a friend or family member is not intrusive, it’s compassionate.

September is Suicide Prevention and Awareness Month. Be vulnerable. Be compassionate. Ask questions. Provide resources. Learn what your state Lawyers Assistance Program (LAP) has to offer. Learn what your local bar association has to offer.  Above all, talk! Talking is healing. Silence can be deadly.

 

Brian Cuban (@bcuban) is The Addicted Lawyer. A graduate of the University of Pittsburgh School of Law, he somehow made it through as an alcoholic then added cocaine to his résumé as a practicing attorney. He went into recovery April 8, 2007. He left the practice of law and now writes and speaks on recovery topics, not only for the legal profession, but on recovery in general. He can be reached at brian@addictedlawyer.com.

The opinions and views expressed by Featured Bloggers on CBA-CLE Legal Connection do not necessarily represent the opinions and views of the Colorado Bar Association, the Denver Bar Association, or CBA-CLE, and should not be construed as such.

Colorado Supreme Court: Laches Can Apply as Defense to Child Support Claim

The Colorado Supreme Court issued its opinion in In re Marriage of Johnson on Monday, September 26, 2016.

Interest on Child Support Debt—Laches.

The Supreme Court considered whether a father may rely on the doctrine of laches to defend against a mother’s claim for the interest on his child support debt. The Court concluded that laches may be asserted as a defense to a claim for interest on child support arrearages. The Court therefore reversed the judgment of the Court of Appeals, which had concluded otherwise, and remanded this case for further proceedings consistent with this opinion.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Consent to Search Truck Was Valid so Suppression Unnecessary

The Colorado Supreme Court issued its opinion in People v. Chavez-Barragan on Monday, September 26, 2016.

Fourth Amendment—Traffic Stops—Reasonableness of Investigatory Detention—Voluntariness of Consent to Search.

The Supreme Court reversed the trial court’s order suppressing drugs found in defendant’s truck and defendant’s incriminating statements made to police after they discovered the drugs. Defendant was pulled over for a traffic violation and detained after he consented to a police search of his truck. The Supreme Court concluded that this investigatory detention, which resulted from defendant’s authorization of the search, was reasonable. After considering the totality of the circumstances, the Court also concluded that defendant’s consent to the search was voluntary and the search was lawful. Accordingly, the Court determined that no prior illegality tainted defendant’s incriminating statements. Therefore, neither the drugs nor the statements should have been suppressed.

Summary provided courtesy of The Colorado Lawyer.

Colorado Supreme Court: Purported Annexation Failed to Comply with Colorado Common Interest Ownership Act

The Colorado Supreme Court issued its opinion in Ryan Ranch Community Association, Inc. v. Kelley on Monday, September 26, 2016.

Colorado Common Interest Ownership Act—Creation, Alteration, and Termination of Common Interest Communities.

The Colorado Supreme Court considered whether a developer annexed several lots into a common interest community such that the lot owners would owe assessments to the community’s homeowners association. The court concluded that the lots were not annexed because the purported annexation failed to comply with the Colorado Common Interest Ownership Act, C.R.S. §§ 38-33.3-101 to -402. The lot owners therefore were not liable for the association’s assessments.

Summary provided courtesy of The Colorado Lawyer.

Colorado Court of Appeals: Announcement Sheet, 9/29/2016

On Thursday, September 29, 2016, the Colorado Court of Appeals issued no published opinion and 35 unpublished opinions.

Neither State Judicial nor the Colorado Bar Association provides case summaries for unpublished appellate opinions. The case announcement sheet is available here.

Tenth Circuit: Unpublished Opinions, 9/29/2016

On Thursday, September 29, 2016, the Tenth Circuit Court of Appeals issued no published opinion and three unpublished opinions.

Orso v. Colvin

Burris v. McCollum

Shawley v. Bear

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.