TLAP is not affiliated in any way with the Board of Professional Responsibility.

TLAP is not affiliated in any way with the Board of Law Examiners.

In some disciplinary cases investigated by the BPR, the person’s alleged unethical conduct appears to the BPR to have emanated in whole or part from a mental health issue such as alcoholism, addiction, or depression, etc. Thus, pursuant to Supreme Court Rule 9, the person in trouble is can be officially referred by the BPR to TLAP for an independent, objective evaluation or assessment in order to determine whether or not there is an impairment issue that impacts the person’s fitness to practice law.

In some bar admissions cases investigated by the BLE, the person’s history of past and/or current conduct (such as an arrest or academic discipline) appears to the BLE to have emanated in whole or part from a mental health issue such as alcoholism, addiction, or depression, etc. Thus, pursuant to Supreme Court Rule 7, the person in question can be officially referred by the BLE to TLAP for an independent, objective evaluation or assessment in order to determine whether or not there is an impairment issue that impacts the person’s fitness to practice law.

TLAP’s standards are designed to meet the needs of licensed professionals who must objectively demonstrate to a third party, by clear and convincing evidence, that they are fit to practice. TLAP can provide reliable and objective services to assist the person in their efforts to procure an objective and reliable diagnosis, effective treatment as is appropriate for licensed professionals who hold the public’s trust, and TLAP Monitoring to objectively demonstrate over time that impairment has been removed and the chance for recidivism is remote. The designation of “TLAP compliant” is generally recognized as a reflection that the person has cooperated with TLAP, completed all clinical recommendations, and is objectively and reliably safe to practice law from a clinical standpoint.

TLAP itself has no disciplinary or punitive function, does not render legal advice, and is purely clinical in all of its services. TLAP’s standards are designed to clinically meet best practices for supporting legal professionals, and TLAP’s standards provide an opportunity for the person in trouble to meet TLAP’s clinical standards and objectively demonstrate fitness to practice law despite issues that have raised concerns with the BPR or BLE.

Successful TLAP compliance and participation does not provide an outright defense to charges of unethical conduct or concerns about past conduct, but TLAP compliance can serve as a valuable mitigating factor in cases where there has not been substantial harm to the public and the alleged unethical conduct emanated from a mental health fitness to practice issue rather than from dishonesty rooted in bad character.