Confidentiality

When you contact Lawyers’ Assistance Program (whether for yourself or a colleague for whom you are concerned), all interactions are held in strict confidence. In addition to Illinois legislative guarantees of confidentiality and privilege regarding interventions that are provided by the Alcoholism and Drug Addiction Intervenors and Reporters Immunity Law, the Illinois Rules of Professional Conduct in the Supreme Court Rules, Article Viii, provide further guarantees of confidentiality for all communications made to LAP’s trained intervenors. Lawyers, judges, and law students who request consultation, treatment referrals, or peer assistance can do so in complete confidence.

Illinois Rules of Professional Conduct

Rule 1.6 (d) The relationship of trained intervenor and a lawyer, judge, or law student who seeks or receives assistance through the Lawyers’ Assistance Program, Inc., shall be the same as that of a lawyer and client for purposes of the application of Rule 8.1, 8.3, and Rule 1.6

Rule 1.6 (e) Any information received by a lawyer in a formal proceeding before a trained intervenor, or panel of intervenors, of the Lawyers’ Assistance Program, Inc., shall be deemed to have been received from a client for purposes of the application of Rules 1.6, 8.1, and 8.3.a

Immunity

The work of LAP intervenors and the actions of the individuals who come to LAP asking for help regarding a colleague, friend, or loved one, are covered under the Alcoholism and Drug Addiction, Intervenors and Reporter Immunity Law. This Illinois statute was enacted in 1987, amended in 1991 and 1998. A synopsis of the statute is as follows:

  • Intervenors who are members of any professional association that has established an assistance program to intervene in alcohol and drug-related problems, the instructors of those intervenors, and the agencies of those instructors, have immunity from any tort liability that may arise from their acts or omissions relating to their interventions.
  • This immunity from tort liability applies only so long as such intervenors or instructors do not act with “actual malice or willful intent to injure the subject of the intervention.”
  • Persons who report facts to trained intervenors, in good faith, have immunity from all liability, “civil or criminal or otherwise,” relating to the course of an intervention. The good faith of any fact-reporter is a rebuttable presumption.
  • All reports, findings, proceedings, and data regarding interventions are confidential, privileged, and not subject to discovery, and are inadmissible in any legal proceeding.
  • However, any information or record that is otherwise available from original sources does not become privileged merely because it has been presented in an intervention.

Record Keeping

LAP keeps no long-term records and does not report client information to any local or state organizations. LAP only makes public statistical, non-personal demographic information, such as the number of clients served, issues addressed, and services provided. Please review LAP’s Annual Report for more information.