Rules Relating to Discipline of Attorneys
Lawyer Assistance Program
(a) KALAP Purpose.
The Kansas Lawyers Assistance Program (KALAP) is established to provide immediate and continuing assistance to any lawyer needing help with issues, including physical or mental disabilities that result from disease, addiction, disorder, trauma, or age and who may be experiencing difficulties performing the lawyer’s professional duties. KALAP will have the following purposes:
(1) to protect citizens from potential harm that may be caused by lawyers in need of assistance;
(2) to provide assistance to lawyers in need; and
(3) to educate the bench and bar about the causes of and services available for lawyers needing assistance.
(b) KALAP Services.
KALAP will provide the following services:
(1) offer immediate and continuing assistance at no cost to lawyers;
(2) plan and present educational programs to:
(i) increase the awareness and understanding of members of the bench and bar about problems of lawyers with physical or mental disabilities as defined in subsection (a);
(ii) enable members of the legal profession to recognize and identify problems in themselves and in their colleagues;
(iii) reduce the stigma associated with addiction and other physical and mental disabilities; and
(iv) enable members of the legal profession to understand appropriate ways of interacting with affected individuals; and
(3) provide assistance to lawyers and their firms, including lawyers against whom disciplinary complaints are pending.
(c) KALAP Executive Director.
The Supreme Court will appoint an Executive Director who will serve at the pleasure of the court. The Executive Director must be a lawyer, preferably with several years’ experience in assisting individuals with physical or mental disabilities that result from disease, addiction, disorder, trauma, or age. The Executive Director must have sufficient experience and training to assist the Board in fulfilling its purpose.
(d) Kansas Lawyers Assistance Board.
The Supreme Court will appoint a Board known as the Kansas Lawyers Assistance Board. The Board will be comprised of no fewer than 11 members who:
(1) are lawyers, active or retired;
(2) have diverse experience and knowledge; and
(3) demonstrate an understanding of and ability to assist lawyers in the problems of physical or mental disabilities that result from disease, addiction, disorder, trauma, or age.
(e) Board Terms.
Effective July 1, 2012, the terms of all current and future board members will be subject to the following:
(1) Terms of service on the Board will be 6 years each and no member, current or future, may serve more than 18 consecutive years. A member who completes 18 consecutive years of service may not be reappointed until at least 3 years have elapsed since the end of the 18 years.
(2) At the expiration of the terms of the existing members, the term of each new or succeeding member of the Board will be 6 years.
(3) A new member appointed to fill a vacancy will serve the unexpired term of the previous member and may subsequently be appointed to two additional 6-year terms.
(4) The Supreme Court may also appoint two law students from either or both of the law schools in Kansas for terms of 1 or 2 years.
(f) Chair, Vice-chair, and Secretary.
The Board will designate a chair, a vice-chair, and a secretary.
A majority of the Board members who have been duly appointed will constitute a quorum and any action taken by the Board will require a majority of those present and eligible to vote.
(h) Board Powers and Duties.
The Board has the power and duty to:
(1) advise and recommend to the Supreme Court candidates for
appointment as members of the Board and Executive Director;
(2) establish policy and adopt procedural rules consistent with this rule;
(3) oversee the operation of the program to achieve the purposes stated in subsection (a); and
(4) make reports to the Supreme Court as the court may require.
(i) Budget, Salaries, and Expenses.
The Supreme Court will determine the salaries of the Executive Director and program staff, who will also be reimbursed for actual travel and other expenses incidental to their duties. Board members and KALAP volunteers will receive per diem and expenses. The KALAP budget will be paid out of fees collected under Rule 208.
(j) KALAP Volunteer Responsibilities.
The responsibilities of a KALAP volunteer may include:
(1) assisting in interventions;
(2) serving as a mentor and/or monitor;
(3) acting as a contact or liaison with KALAP and the courts, bar organizations and local committees, law firms, and law schools;
(4) providing compliance monitoring where appropriate; and
(5) performing any other function deemed appropriate and necessary by the Board to fulfill the program purposes.
(1) All records and information maintained by KALAP, its Board, employees, agents, designees, volunteers, or reporting parties is confidential, privileged, and not subject to discovery or subpoena. All communication between a participant and the aforementioned individuals is privileged against disclosure to the same extent and subject to the same conditions as confidential communications between attorney and client. The Executive Director may compile and disclose statistical information, devoid of all identifying data.
(2) The Executive Director, Board, employees, agents, designees, volunteers, or reporting parties are relieved from the provisions of Rule 8.3 of the Kansas Rules of Professional Conduct and Supreme Court Rule 207 as to work done and information obtained in carrying out their duties and responsibilities under this rule.
(3) Any person violating subsection (k)(1) may be subject to punishment for contempt of the Supreme Court.
(4) The KALAP office will be in a location where privacy and confidentiality requirements of this rule can be maintained.
The duties and responsibilities of the Executive Director, members of the Board, employees, agents, designees, volunteers, or reporting parties are owed to the Supreme Court and the public in general, not to any individual lawyer or another person. Nothing in this rule is to be construed as creating a civil cause of action against the aforementioned individuals, and they are immune from liability for any omission or conduct in the course of carrying out their official duties and responsibilities or failing to fulfill their duties and responsibilities under this rule.
(m) Local Committees.
A local bar association in this state may establish and fund a committee for providing assistance to a Kansas attorney needing help because of physical or mental disabilities that result from disease, addiction, disorder, trauma, or age that impact the attorney’s ability to perform the attorney’s professional duties. A committee formed under this rule will be subject to the requirements of subsections (b) and (k). A local committee must compile and disclose to KALAP statistical information, devoid of all identifying data, on request of the Executive Director. A local committee, its members, and volunteers are entitled to the immunities of subsection (l), so long as the requirements of this rule are met. On request, KALAP will provide assistance to a committee established under this subsection.
History: Prior Rule 206 was repealed and combined with Rule 207 as amended effective March 1, 1988; New Rule effective March 1, 1988; Am. effective January 4, 1994; Am. effective January 1, 2002; Am. (i) effective September 11, 2002; Am. effective February 16, 2010; Am. and restyled rule effective August 15, 2012.]