TLAP is a “peer professionals” monitoring and clinical support program of the Tennessee Supreme Court. Pursuant to the directives of the Supreme Court, TLAP is specially designed to implement clinical best practices and render “gold standard” services to support health and fitness to practice in legal professionals. The expectation is that TLAP’s programming not only saves lives and careers, but also helps to protect the public from the harm that impaired legal professionals can cause.

TLAP is a top-tier program and following its clinical and monitoring recommendations renders long term no-relapse addiction recovery rates averaging 85%. Traditional care rendered to the general population does not generate anywhere near that level of reliability. In short, for many reasons, there is no equivalent service available to the profession. These are factors that make TLAP unique:

1. Legal authority: TLAP is the only monitoring entity specifically cited in the Tennessee Supreme Court Rules. TLAP’s designated roles in assisting the Court and the profession are clearly delineated in Rule 33. TLAP is the monitoring authority explicitly recognized in Rule 7 as to bar admissions. TLAP is also cited in Rule 9 as the resource for evaluations and monitoring in disciplinary matters. Moreover, in the Rules of Professional Conduct, and even in Judicial Rules, TLAP is specifically cited as a resource to be utilized.

2. Special accountability: TLAP has special accountability and monitoring obligations designed to protect the public. In cases involving a formal referral from bar admissions or discipline, TLAP may have mandatory reporting obligations. In this role, TLAP is expected to be an independent, objective, and reliable reporter on monitoring compliance. This a very different role than that of healthcare provider and patient advocate. Delivering these services requires specialized expertise and programming.

3. Trusted verification: TLAP’s monitoring program is specified in Court Rules because it is trusted by the Court and all entities in the profession to provide objective and ongoing verification that a legal professional is safe to practice. TLAP program compliance is often a requirement of continued employment, or licensure. Non-TLAP providers are often unwilling or unable to provide objective opinions regarding safety to practice, or else they are not equipped to meet the reporting needs of the involved entity. Such entities may also be reluctant to undertake a role of protecting the public instead of focusing solely on advancing the interests of their patient.

4. No treatment or other role conflict: TLAP does not provide treatment to participants and, therefore, it does not have a treatment relationship that could create a conflict of interest with TLAP’s obligation to act in the interest of public safety. TLAP seeks to balance the rehabilitative needs of the participant with protection of the public. Non-TLAP providers have a primary obligation to the interest of their patient which may help the patient feel more comfortable in disclosing worsening symptoms or very private information, but at the same time it can also foster the providers’ reluctance to report an impaired legal professional. TLAP offers another layer of confidentiality protection when treatment providers working with lawyers who are faced with the dilemma of preserving therapeutic trust and protecting the public.

5. Care management: TLAP provides oversight, communication, and coordination of health care to promote objective, effective, and sustained remission of chronic illnesses. TLAP also receives functional information from employers and key supporters which, along with other monitoring data such as toxicology testing, can optimize the care a participant receives from their treatment providers. Outside of TLAP, this level of care support is virtually unavailable to legal professionals.

Of course, TLAP supports and encourages legal professionals to proactively address health-related problems and obtain needed treatment. We hope that early intervention will prevent the progression of any mental health issue. We believe that there is “no wrong door” for a legal professional in trouble and that there are many effective, non-TLAP options available.