Editor’s note: This is a counterpoint piece to the January guest article Florida Lawyers Assistance in Need of Reform for Fairer Mental Health, Substance Abuse Monitoring.

Safety-sensitive professions and professionals. These designations signify the importance of individuals who are tasked with the responsibility of protecting, guiding, and ensuring the safety of others; professionals who by the nature of their jobs, can impact others to such a degree that failure to protect and guide can have deleterious effects. An airline pilot who drinks before boarding his/her flight. A neurosurgeon who performs surgery under the influence of cocaine. These are dramatic incidents that capture the attention of the media and ignite fear and outrage.

An attorney suffering from the negative impacts of mental illness, cognitive decline, and/or substance abuse impairment may also impact the clients they serve. While maybe less dramatic, the effects of missed deadlines or court dates, misappropriation of client funds, failure to communicate with clients, and inadequate legal representation can lead to disastrous consequences, ranging from financial insolvency to loss of freedom. An attorney is considered a safety-sensitive professional for these reasons.