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Home / News Stories / VSB to seek info on lawyers’ health and substance issues (access required)

VSB to seek info on lawyers’ health and substance issues (access required)

Virginia State Bar President Manuel A. Capsalis will send an e-mail message within the next few days to all Virginia lawyers asking them to respond to a survey about mental health and substance abuse issues among attorneys. The survey will be e-mailed to all VSB members within a few days of Capsalis’ message. It will be used ...

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  1. “[N]o individual responses will go to the VSB, Lawyers Helping Lawyers or any other entity … [except] College of William and Mary law professor Susan Grover; Charles F. “Rick” Gressard, an associate professor in the college’s counseling program; and Susan Bosworth, associate provost for strategic planning and analysis at W&M … who will conduct the survey.”
    Are the recipients health care professionals? Is there any legally enforceable duty that they have to protect the confidentiality of lawyers who respond to the survey? Are the recipients immune from subpoena? Are the recipients covered by HIPAA? If so, are the recipients insured against HIPAA civil claims? Will it be malpractice for a lawyer representing a plaintiff in a legal malpractice case not to subpoena the recipients of the survey for the defendant lawyer’s responses?

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