Have you ever wondered what the odds are of remaining drug-free and sober – not relapsing – after going through a substance abuse treatment program?

Today’s story will be of special interest to anyone who, once again, has friends or family in treatment, and want to know why nothing seems to work beyond a few weeks or months of sobriety – if they can even go a few days.

San Luis Obispo readers “Joel” and “Samantha” wanted to know, writing:

“Our son will soon be released from his third stay as an inpatient in a drug abuse clinic. Each time when he comes home, he’s a different person, happy, radiating confidence for the future, and then his old behaviors re-surface. He hangs around with the same group of ‘friends’ and it all starts again.

“Mr. Beaver, is there anything better out there than just being discharged and told to attend a 12 Step program? We fear the worst and would appreciate any direction you can provide.”

Your occupation impacts the chances for success

So, is there a way to know with a high degree of confidence who will stay sober and drug-free after being discharged? Just ask Kirk Cizerle, CEO of Norfolk, Virginia-based Recovery Trek, because he can tell you – with an almost mathematical certainty – who has an 80 percent chance of remaining drug-free and sober 5 years after leaving rehab.

His company works with people going through recovery, and you may even know one or two. More on that in a moment.

“When you look at the millions of people who leave rehab facilities yearly,” Cizerle observes, “very few will remain drug-free and it isn’t because they want to relapse.

“In large part, what leads to failure is directly connected to the kind of jobs they don’t have. Those with different occupations–our clients–receive the tools which are proven to lead to success after discharge.”

We asked Cizerle, “So, what explains this 80 percent success rate when experience shows that the average person who goes through rehab has an enormous chance of failure?”

As you will see, his explanation makes a great deal of sense, starting with a look at what happens when the average person is discharged from treatment.

Lack of accountability invites failure

“Once leaving rehab’s shelter, most people are left to navigate the rest of their lives on their own. Yes, they received treatment, and many will have friends and family who want to provide support, but they lack training and don’t know what to do when that person is getting in trouble. They had no idea that Johnny was falling off the wagon because no system was in place to alert anyone that real trouble was brewing.

“What’s lacking from typical drug treatment is accountability, giving people tools so that family, friends, children, employer, attorney, their AA sponsor, in real time, can look at the results of alcohol and drug testing, or seeing if meetings were attended. These things, combined with an assigned Recovery Coach and Care Manager yields a potential for successful recovery which can exceed 80 percent.”
And the people who get these very services, most remaining drug-free? Who are they?

“It could be your family doctor, a nurse who treated you at an ER, your dentist, optometrist, pharmacist. State licensing boards–Medical, Nursing, Pharmacy, Dental and State Bar–have monitoring programs for licensed professionals who have been identified as having a drug or alcohol problem and need treatment and continuing care as a condition of retaining or regaining their license.”

Recovery Trek provides continuing care – and incorporates monitoring which is made up of several different components, and to list just a few, include:

(1) Regular check in with the individual by phone, email text message, video conferencing or in person to maintain a continuing, high visibility of all the folks who are part of their ‘Trek Circle.’

(2) Incorporating random and regular drug and alcohol testing, tailored to this person, which can establish tangible proof they are not using and have not relapsed.

(3) Real-time communication of test results to those people with a need to know with definite steps taken should any problem surface.
For the rest of us, what’s available?

Can non-professionals attain the same 80 percent success rate as state-licensed individuals whose feet are held to the fire? Cizerle believes so and in October of 2017, “After five years of beta testing, we launched CareTrek, which is designed to offer continuing supportive care for the general public.”

RecoveryTrek.com is their website with links to CareTrek, and we recommend spending time learning about the help that is available after being released from rehab. There are other companies which provide similar services, and as always, we recommend thorough research before entering into a contract.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Accountability is a powerful predictor of substance abuse recovery appeared first on Dennis Beaver.

Regardless of what area of law an attorney specializes in, this is a high-stress occupation. Law is a “people” business; people and problems, often of their own creation, many expecting the attorney to “fix” it with one phone call.

In terms of the numbers of lawyers with problems, you could say that we are not a happy bunch of guys and gals. Here’s something that all clients should consider:

A study published in the January 2016 edition of The Journal of Addiction Medicine confirmed “a substantial level of behavioral health problems among attorneys and revealed the cause for great public concern, with 28 percent of attorney reporting significant levels of depression, which is much higher than the general population.”

Additionally, the study found that “Between 21 to 36 percent of licensed, practicing attorneys can be considered as problem drinkers. Seven percent is the rate in the non-attorney population.”

So, how “together” is your lawyer? Ever wondered if you were being represented by an attorney who suffers from depression, drug or addiction problems? What are the signs that you can’t afford to ignore?

And if you suspect that’s the case, what should you do?

Just ask Brian Cuban those same question. Right, Cuban, like Mark Cuban, owner of the NBA’s Dallas Mavericks, and one of the Voicemail “shark” investors on the ABC reality television series, Shark Tank.

Brian is his brother. And Brian is a lawyer, a recovery advocate who tells a compelling story in his book that I could not put down, The Addicted Lawyer, published by Post Hill Press.

For the many lawyers who read this column, especially managing partners in law firms, give a copy to each attorney, as the odds are overwhelming that somebody in your firm could be very much as Brian describes himself, or knows someone who is. They can be helped. That’s his message, so well stated.

Blown away by our interview

On a phone call, how would you expect a 56-year-old man to sound, who describes himself as being mentally tortured by his mother for being overweight, having zero self-image, considering himself a fraud, a failure, alcoholic, and a drug abuser since his teenage years with three failed marriages?

I was expecting the voice of a wimp. Was I blown away!

Brian is engaging, articulate, funny, open and dedicated to helping professionals recover. He is a powerful speaker and his life, as reflected in The Addicted Lawyer, is a gift to the legal profession.

Warning signs something’s not right with your lawyer

Brian observes that lawyers tend to be very good at hiding their behavior from clients.

“Lawyers who are alcoholics or drug abusers can be very good at masking their behavior for a long time, and you see this through all sorts of excuses, blaming everyone else when things go wrong. What comes to mind immediately includes:

1. Missing hearings;

2. Not returning phone calls;

3. Voice mail that stays full;

4. Not returning correspondence.

5. Not being paid from a personal injury settlement as the lawyer has used the money for drugs and alcohol.

General appearance is often horrible

“When you are still drunk or hungover you don’t show up,” Cuban points out. “When the addiction is driving your behavior, work becomes secondary and you figure that you can manipulate your way out of it. The client may not find out until there is a legal consequence, such as a dismissal of the case, a default judgment, or being sued for unpaid medical bills.”

Definite signs that things aren’t right can be seen and smelled, as Cuban knows from personal experience.

“I can’t tell you the number of times my appearance in court or at a mediation was unkempt and I reeked of alcohol from the prior night of drinking. Rarely was anything said by anyone, and that is part of the problem facing clients and colleagues, denial or fear of speaking up,” he points out.

If things seem bad to clients and other lawyers they probably are – Act!

When asked what he regrets most about his past, he states. “It’s the collateral damage that I caused to so many people.”

Cuban feels that when other lawyers see this kind of behavior they need to speak up, both to help the attorney who they suspect is impaired, innocent clients, and the legal profession.

“Clients should confront the lawyer with the facts of what they are seeing, for example, ‘You have not returned my phone calls, failed to show up for a hearing, what is happening with you?’”

“Protect yourself,” he insists. “If you have a sense things are bad, they probably are, get a new lawyer before it is too late.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Are you represented by an addicted lawyer? appeared first on Dennis Beaver.

If given the option of making an arrest or helping a family deal with a child’s involvement with drugs and the wrong people, to Narcotics Officer Frank Martinez of the Hanford Police Department there is no real choice at all.

“Dennis, we find elementary school children in possession of marijuana, and often, weapons. Drugs are an equal opportunity life-destroying evil, not confined to ‘those’ people who live in blighted neighborhoods.

“There are signs that parents need to look for — behavior which is a tip off that something is wrong, that their son or daughter might be using drugs. For cops it is the greatest feeling in the world when you can help to open their eyes – and that is literally where to begin, knowing what to look at, what to look for and how to interpret your findings.

Trust your sense of sight and smell

“As most parents know their kids–how they react and behave–seeing a material change is a fire alarm sounding,” Martinez observes.

“The type of behavioral and physiological changes depend on the drug. With opiates – typically prescription pain mediation–the most common signs include:

• A diminished ability to be alert. Dilated pupils, wearing sunglasses at odd hours or indoors.
• Zombie-like behavior, withdrawn, lethargic and nodding off as if about to fall asleep. This is referred to as ‘the nods.’
• Acting as if they just want to be left alone all the time.

“However, someone on marijuana will radiate a sense of not just not caring. They will still have that fight in them, so that if you argue, they will respond unlike opiates, where they are so withdrawn that they just will usually not respond or engage in the argument.

“Meth–which is a powerful stimulant–has a constellation of symptoms including inability to sleep, staying up for days on end, fidgeting, scratching, picking at their skin, extreme carelessness about appearance, loss of interest in school or regular activities, and aggressive behavior. It is a horrible drug which destroys lives unless help comes quickly.

“All of these drugs have different smells, and typically a kid high on weed will have a telltale smell. Marijuana, heroin and meth have their own distinct odors, ranging from vinegar to nail polish remover.

“Once you have experienced the odor of burnt or unburnt marijuana you’ll know. Drug enforcement officers will tell you that even before a little kiss and hug from your spouse when coming home, if you’ve been at a marijuana grow earlier that day, standing orders from the Home Commander are to ‘Jump into the shower, now!’ Martinez observes with a broad smile.

Theft from the home strongest indicator – Begin a dialogue

“Typically kids in school do not have a job, and if they have developed a real habit, they need money, and consequently theft from the home is the #1 indicator of drug use with a juvenile. Add to that coming home with the behavior of someone who just doesn’t care – these are strong signs that drugs are involved and requires investigation.

“At this stage, you absolutely must establish a dialogue,” Martinez stresses. “You need to know what is going on with your child and it is up to you to start that dialogue. Some children will not be comfortable in talking with parents but might with a mental health professional. My point is that dialogue is simply critical–these are potential life threatening issues.

“Tell them what you are seeing. It must be made clear that the behavior is simply unacceptable, that you are concerned. For example:

• These are my observations: you are stealing from the house, you are coming home late, you are hanging around with very suspicious people. You come home smelling like weed and I think you are smoking marijuana.
• I want to know why. Is there a problem? Is there something going on? I am very disappointed that you are using marijuana (alcohol, drugs, etc.)
• I am so disappointed and feel betrayed by your deception , seeing you come home drunk and especially when the police show up at our house. Do you have a problem, or can you admit to having one?

“Success will in part depend upon getting a buy-in from your child. You can ease that process by acknowledging, ‘As a kid, I also made mistakes, and know that I am not perfect – no one is. Together we can move forward. I need your help.’

“Remember,” cautions Martinez, “In dealing with children–of all ages–they will minimize what the truth actually is. They may tell you half-truths, not the whole truth.”

The Hanford Narcotic Officer knows of only one way for a child or an adult to change course. Next time we’ll tell you what it is.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Are your kids using drugs? Part 1 appeared first on Dennis Beaver.

Narcotics Officer Frank Martinez of the Hanford Police Department is a soft-spoken, easy-to-like guy, revealing a passion for his job and profound desire to “just help, to make my community a better place.”

Blessed with a rich vocabulary used as an artist’s pallet, when speaking to kids and young adult drug users, he paints a picture of where they are headed.

“I have been in this job long enough to see the path you are taking and where you are going to end up. You are going to end up dead or in jail for a really long time, deprived of all the nice amenities you have on the outside. You will definitely experience things that you do not want to experience, things that I have seen that you do not want to ever see.”

“They must be told — they must know the consequences of their actions and information on treatment programs, court ordered or otherwise,” Martinez tells You and the Law, advice that all parents can use. “I have seen success stories and lots of failure. Success depends on something else that no treatment program can offer.”

There must be a catalyst — something has to happen

Ultimately, for a child to change, there must be a catalyst, something must be ingrained in order for the child to change course. Something significant has to occur and could be as simple as being caught by a police office and brought home to mom and dad, caught by parents, to the extreme of being put in jail and their liberty taken away.

But there have to be consequences leading to an understanding —especially in the high school years before age 18–they must learn to be responsible for their own actions.

“The challenge for parents whose kids are using drugs is in avoiding a situation where a breaking point is reached–where they feel you are ‘suppressing’ or being ‘on top of them’ all the time — and they run away from home, justified in their own immature brains that they are tired of your attitude. Parents in this situation often hear, ‘I’m going to do what I want to do.’ “

“As parents, we try to tell our kids what life is, but so many children think that they already know what life is all about. Where kids can go to extremes, parents must be consistent at all times and allow our children to face the consequences of their own choices and behavior.

“This is where the term enabler comes into play. When a parent does not allow the child to face those consequence — bails the kid of trouble, makes excuses for bad behavior — then you create a situation where what is unacceptable continues into adult life, usually with disastrous results,” Martinez notes.

Families are usually aware of a drug problem

“Unlike family members being unaware when a child is a gang member, I typically find with drugs that most know what’s going on. They notice, especially when you have a child dealing drugs, they have more money than they should. They have nicer things than you are able to provide. Most parents will know by instinct that something is very wrong.

“Instead of being in denial, I often find disgust and detachment from their own teenage children who have drug or alcohol problems, reasoning, ‘I don’t bother him and he doesn’t bother me.’ This is not an effective approach,” Martinez firmly maintains.

Stay on the wagon by dumping your drug friends

“Why does someone fall off the wagon and go back to drug use?” we asked.

“In treatment you are cut off from access to drugs, but you’ve got to get away from the people who associate you with drugs. They will draw you back. The craving can be overcome, but the strongest catalyst that draws you back, that re-ignites your desire to use again, are the people you must get away from, the peer pressure.

“We’ve all seen the cartoon with an angel and devil. It’s happening to these people who have been clean, they’ve gone through withdrawal sickness. The good angel says, ‘Do you want to go through that again? You’re doing so well, you are beating this thing!’ “

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Are your kids using drugs? Part 2 appeared first on Dennis Beaver.

One of the strangest phone calls I’ve received thus far in 2023 was from “Rudy,” who called to ask if a private business’ ban against him could be lifted.

He began our conversation with, “Can you get a ban they have on me removed?”

Ban? What kind of a ban was he talking about and who are “they?”, I replied.

And thus began a dialogue with someone whose grasp on what’s important seemed lacking when you have a nice paying job with great benefits, family and three children.

“We were at a theme park where everyone had to walk past a metal detector. The security people pulled me over and asked, ‘What’s that metal object in your right front pants pocket? Please remove it’,” he said.

I wondered as well what it could be and asked him.

“It was just shrooms,” Rudy replied. “Just shrooms in a metallic package.

As this was not a clear cell connection, I thought he was saying shrimps. I asked, so why would you have shrimps wrapped in foil in your pants? It may be odd, but I can’t think of any law being broken by having shrimps in your pocket.

“No, Mr. Beaver, s-h-r-o-o-m-s – Magic Mushrooms. They are a psychedelic and there was a large sign listing the things that could not be brought into the park, including shrooms.”

(In case these terms are new to you, these are mushrooms that cause hallucinations when ingested. Their scientific name is psilocybin mushrooms. Psilocybin and psilocin are the psychoactive chemicals in fungi that can make people feel high. Psilocybin mushrooms are often referred to as: Magic mushrooms, psychedelic mushrooms or, shrooms.)

“So, what happened, Rudy?”

“They copied all my personal information, including driver’s license, and took several photographs of me that we put into a facial recognition data base,” he was told. “So, if you should enter any of our properties, you will be considered as a trespasser and law enforcement notified.”

Banned!

The worst part of Rudy’s experience – and reason for his phone call – was that, “They handed me a sheet of paper that said I was banned for one year from entering any of their properties or hotels” under their management.

“But Mr. Beaver, we purchased a year-long pass to the parks and visit often. This is horribly embarrassing! Can’t something be done? I have called lawyer after lawyer and they all say that a court will not force the park to lift that ban. But it is so unfair! I’ll bet that if you talk with them, they will want to avoid bad publicity and lift the ban.”

Sorry, but what did you say your job was?

In the confusion over shrimps and shrooms, I had forgotten to ask Rudy what he does for a living. “Oh, I’m a correctional officer in my state,” he said in a tone of voice that was completely out of touch with the consequences of what would result if the incident came to the attention of his employer.

“Rudy, pleases correct me if I am wrong, but in your state, possession of shrooms is itself a drug offense. You would lose your job as a CO if management became aware that you were in possession of magic mushrooms and trying to enter the theme park. Had you considered that possibility?”

Long silence. “My god, I never did! But can’t something be done?” he asked in a sad tone of voice, adding, “My family still are not completely aware of what happened.”

Saying I’m sorry can’t hurt

Rudy’s phone call gave me an idea. I called the theme park and spoke with their head of security, not mentioning Rudy’s name, but stating the facts, and saying, “He revealed himself as having IQ in the idiot range, but I think the experience boosted him into normal.

“Of course I am not writing an article that mentions your company’s name, but suppose he writes a sincere letter of apology to the park and agrees to pay for whatever this incident has cost in terms of hours lost. Would there be a possibility of the ban being lifted?

“With their three children, the embarrassment would be punishment that far outweighed the crime. So, what do you think? I am certain he will accept your decision.”

The gentleman asked that I give him 24 hours and he would call me back with an answer.

But I didn’t have to wait that long. He phoned 30 minutes later.

“Mr. Beaver, you’ve got a deal. Thanks for the idea.”

Rudy’s letter was touching. He sent me an email a week later from the park – I hope he always remembers the kindness shown him.

Respect the Rules and We All Have a Great Time

Theme parks have many rules about what is permitted and what will get you in trouble.

These are available online and are posted at the parks themselves. It is worthwhile being familiar with them, as my reader discovered.

There was one request the park’s security manager asked of me:

“Mr. Beaver, You might want mention that a problem all theme parks have on a frequent basis is when companies reward their employees on visits. We want everyone to have a good time, but please, no drugs, and keep drinking to a respectable amount.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Can a business ban you from entering their premises? appeared first on Dennis Beaver.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Drug abuse a gift to life insurance companies appeared first on Dennis Beaver.

It is a conclusion parents never want to reach. “Our son is a failure and will never accomplish a thing. Can I protect him from his laziness and financial incompetence so that he doesn’t wind up homeless?”

Earlier this year one of our stories described a family that was “Eerily similar to ours,” an email from “Oscar” began. “A father told you about their two adult sons who will likely remain life-long failures.

“That’s what we are facing with our son, Eddie. After reading your column for years, I feel that I know you, Dennis. Can we please talk, we are worried sick and would appreciate your advice.”

We were on the phone a minute later.

Both in denial of son’s obvious mental illness

“Ever since he was a child, his behavior has been abnormal. We hoped it was something he would out-grow, instead it slowly worsened. We failed to get him psychiatric care, and have been enablers, pure and simple,” Dr. Oscar explained.
Yes, both he and his wife are health care professionals now facing the consequences of denial and worries that Eddie could wind up homeless or in prison.

“He graduated college with a business major and has spent the past three years living at home, using medically prescribed marijuana he claims helps his migraines. Our generous allowance led to hitting the bars, picking up a DUI with a .25 blood alcohol level, but, at his lawyer’s suggestion, getting into law school  – for which we paid, of course.

“He dropped out the first semester, telling us, “I am conservative politically, and all the students and teachers stare at me. They hate me for my views. Also, I couldn’t study or sleep as my apartment is near a radio station, and the radio waves keep me up at night.”

“This is, of course, paranoia, and on some level we were aware of it, but who wants to think your son is mentally ill?” his mom stated. “We prevented him from ever facing the consequences of his flawed thinking, and to Eddie, nothing is ever his fault. He is stubborn, so if he ever gets psychiatric care, taking meds will not happen.

“Can we provide him a lifetime income that will keep a roof over his head yet which he can’t blow?”

Inheritance often spent on flashy cars and trips to Vegas

“There is an “Eddie” in most families and the story doesn’t always have to be tragic. A son or daughter might be a poor musician, but loves music, enjoys performance and won’t ever earn much money at it. Or perhaps it’s a ‘starving artist’ child that mom and dad want to protect years down the road,” Stan The Annuity Man, a.k.a. Stan Haithcock, commented when I ran Eddie’s case by him.

Based in Ponte Vedra Beach, Florida, he is nationally recognized expert on annuities, and as we discovered, has a valuable tool for Baby Boomers who want to help financially protect their children or other family members.

As Baby Boomers age, the greatest transfer of wealth in our nation’s history is taking place, usually by inheritance, “There is a substantial risk of immature or irresponsible beneficiaries blowing the money on flashy cars and trips to Las Vegas,” Stan points out, adding, “Yet this does not have to occur, as there is a way to put in place what amounts to a pension – a lifetime income – which will pay as long as the person lives.”

Creating a lifetime income stream

He was quick to caution, “This is not a do-it-yourself project that you can download from the internet, as a family trust needs to be established by an attorney. You are putting in place a monthly income stream based on the child’s life expectancy, and you want to prevent the child from cashing it in.”

Stan explained how the trust functions:

“A living trust is the owner of an annuity and the child is referred to as the annuitant. What makes these annuities so valuable to parents is that the annuitant cannot cash it in. So, Eddie has no rights to a thing – that’s the ‘Handcuffing.’

“It is a way of being sure the child has an income. This truly is controlling from the grave, when it will start to pay, how much will be paid, building in a cost of living increase if you like, while preventing it from being paid as a lump sum,” he points out.

“It is the ultimate legacy. Your kids will hate and love you at the same time. Every time a check hits their bank account they will think, “Thanks, mom and dad.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Financially handcuffing your children appeared first on Dennis Beaver.

If you watched the original The A-Team action-adventure television series in the 1980s or in reruns, one line from that show probably stuck in your memory: “I love it when a plan comes together.”

I said the same thing to a happy — and extremely lucky — reader after we thwarted an attempt by the daughter of a former employee to blackmail him with allegations of office hanky-panky with her mother some years earlier.

The underlying fact situation is the perfect example of why it is important to hang on to expired passports, among several other documents. This made-for-television drama began with a phone call from “Chris,” an optometrist in Upstate New York.

‘She was the best office manager I ever had’

“For over 30 years, ‘Ada’ was my office manager — the nicest, most competent and considerate person you could ever know, always sending lovely birthday and thank-you cards with beautifully handwritten messages. We kept them all.

“Our families grew close — with the exception of her daughter, Beverly, who had drug and alcohol issues but refused rehab. She studied calligraphy as part of a college graphic design major, a skill that she put to work forging checks. She is now on probation.

“Ada died a month ago. Yesterday, Beverly came to our office, asking to see me in private, as it was ‘something about her mother.’ Beverly is the reason I am calling you.”

You have 10 days to fork over $50,000

Chris says he agreed to see her, but added, “Knowing her past, I activated a small digital voice recorder in my shirt pocket.” (In New York, it is legal for one party to record a conversation without the other’s knowledge.)

He played the recording for me. After a friendly, initial chat, Beverly said, in a pleasant tone of voice, “There is an entry from years ago where you were both intimate on a particular Friday after everyone else had left. No one knows this except me. I will give you 10 days to get me $50,000, or I will tell your wife, your medical pals, everyone. Here is the diary. You can read the entry yourself, even make a copy. It’s real.”

Chris said, “She handed it to me. As I knew Ada’s handwriting, this was an obvious fake. And what was described never happened — I was always out of the country that week, for years, on a medical mission to South America.

“I remained calm and color-scanned the journal entry, plus several before and after that day, then handed it back to Beverly. I asked for her cell phone number and promised to call her.”

Chris wants to protect Ada’s memory

Chris did not want to cause embarrassment to Ada’s family by involving law enforcement, which could have attracted media attention.

“I thought of you, Mr. Beaver, because I recall that you wrote about something similar — attempted blackmail. My old, expired passport shows that I was out of the country (on that date), and there was local press coverage of the event, available online. I would appreciate your help in getting this to go away without paying her a cent.”

“Chris,” I replied, “if you show Beverly that this could not have happened, I’ll wager that she will quietly go away. So, scan and send me the pages in your expired passport that establish identity, your departure/return to the U.S., the stamps in it from the South American country with your entry and departure for that time frame, each year preceding and following, along with the news stories.”

Why keep expired passports and other documents?

Expired passports are valuable and should be retained, as they can establish your identity and travel history, literally keeping you out of jail if you become the focus of a criminal investigation.

Other documents you should keep:

Anything that proves your identity and/or where you have been, such as your birth certificate, Social Security card, transportation stubs (airline, train and bus) and driver’s licenses from all the states/places you have lived.

Paperwork concerning legal status/changes, such as immigration/naturalization records, marriage/divorce judgments, name-change applications and subsequent court approval.

Property and financial records, such as deeds/mortgages, homeowners/renters insurance policies, tax returns, business licenses, receipts/warranty booklets for major appliances, titles to vehicles, payment records, pension plan information, employment contracts, life and health insurance contracts/payment records, medical records, wills and trusts, even if revoked or modified, powers of attorney, lawsuits/settlement agreements.

For an excellent discussion of the ways of keeping these documents, including which ones should be kept as originals and which ones may be scanned, I suggest visiting the Kiplinger article How to Store Your Financial Documents the Right Way.

The plan to deal with Beverly’s blackmail attempt

“Chris, here is my idea,” I said. “Set up a video call with the three of us. Just tell her that you have a positive resolution and want her to speak with a friend.”

Beverly agreed. I showed her his passport with the entries proving that he was out of the country and said, “Beverly, Chris does not want to bring embarrassment to your family. He is not going to the police. But there is something he would like you to do.”

“Bev,” Chris said, tears streaming down his face, “I hope the memory of your mom and your family can help get you on a better path. After completing a six-month rehab program — I will pay the insurance deductible — you can have a job in my office, from mother to daughter. So, what do you say?”

Tears replaced her smile. She agreed.

All of this happened about a year ago. Recently, Chris emailed, “When I look at Beverly now, I see Ada.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post How an Expired Passport Thwarted Blackmail (and What Other Important Documents You Should Keep) appeared first on Dennis Beaver.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post I think my lawyer has a substance abuse problem appeared first on Dennis Beaver.

While lawyers have the potential of earning significant incomes, in one respect law is a high risk profession. Attorneys suffer from depression and substance abuse more often than any other occupation in the United States.

Depression – either true clinical or just down in the dumps and blue – has a very real cost to clients. In this two-part series, we will take a look into why lawyers are more prone to depression, and answer a question many people ask: Are lawyers really a different breed of animal?

Chicken or the egg?

Research studies conducted by the American Bar Association, Johns Hopkins University and mental health researchers throughout the United States have found that lawyers are more likely to suffer from depression, alcohol and drug abuse than other occupations. To some, it is a “Which came first — the chicken or the egg?” question.

As an attorney, law professor, and psychotherapist, Susan Daicoff has done a great deal of research into this very real problem. I spoke with the Jacksonville, Floridian recently, discussing these issues which “are important for anyone considering a career in law, as well as clients. There is a reason lawyers are frequently seen as being cold and distant, and it is something not well understood by the public,” she feels.

“If your lawyer suffers from depression or substance abuse, then your case could be at risk,” she maintains.

The problems often start in law school

“When we hear the statement that lawyers are somehow different animals, it may be true. There are specific characteristics making lawyers very different from nonlawyers, as a generalization. What is valued in so many other occupations — warmth, empathy, emotional concerns, caring about others — isn’t generally emphasized in the law.”

“As law is practiced today, there is often a real gulf between what clients and lawyers care about. It’s almost as if lawyers are from Mars, clients from Venus,” she told me.

“Unlike virtually all other professional educational programs — medicine, psychology, business, accounting — law schools tend to develop a cold, logical, Star Trek’s Mr. Spock mentality. It can be a show me the money attitude, frequently ignoring the client’s emotional concerns,” Susan added.

“My research shows that as a group, lawyers tend to be insensitive to the feelings of others. We seem to be hard-wired this way even before coming to law school. Law school only encourages us to be even more this way,” she stressed.

“I’m amazed at a frequent occurrence in law school: A student answers a question, attempting to be involved in the educational experience, and is laughed at by classmates. This does not typically occur in other graduate programs, so why in law and what does this say about those future lawyers?” she asks.

“It may be evidence of the competitive nature of law, winning, proving yourself correct, a high achiever, less concerned about feelings and emotions,” she believes.

“As law school is super competitive, students who were used to getting all A’s and B’s now, on a mandatory curve, get C’s. We find this leads to becoming disillusioned and a large number suffer depression. In private practice, we may easily suffer true clinical depression when we lose a case, a client, or things don’t go well for us, because we can be so motivated by winning, money, and proving ourselves right. Because of a lawyer’s depression, clients can be neglected and mistakes can occur,” she notes.

“But those law students who are not obsessed with grades or seeking recognition may not get depressed, finding satisfaction in other areas — such as focusing on the good they will do when they get out of law school, on building community in the law school environment itself, or just enjoying learning.”

We find that where law students are able to focus on things other than external rewards — grades, class rank review, prestigious clerkship — they are likely to have a greater sense of well being,” she advises.

Too many cases. Too many hours

“Depression in the world of lawyers is the perfect storm of too many cases taken on, 12-hour days, six days a week, holding yourself to an impossibly high standard, blaming yourself when a case is lost, even where the case should have been lost. Relief found in too much alcohol or drugs can be an early warning sign.”

An often heard complaint about the legal profession is, while lawyers speak of wanting justice, so often right and wrong don’t seem to matter.

“We tend to see ourselves as hired guns, doing whatever it is that the client wants, regardless of right or wrong. Some lawyers are never bothered by this lack of morality, rationalizing the harm which might result as simply good lawyering,” she concluded.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Law students, lawyers and depression appeared first on Dennis Beaver.