If I contact MOLAP, will anything I talk about be disclosed to OCDC?
No.
What is the relation between MOLAP and OCDC?
MOLAP is an entirely separate program from the state’s discipline office, and they have entirely different functions. MOLAP does not communicate information to OCDC, or any other departments within the Supreme Court of Missouri or The Missouri Bar.
No other departments have access to MOLAP files or communications. MOLAP clinicians, and The Missouri Bar’s chief technology officer (who has limited access), are the only ones with access to files.
Discipline is reactive; it responds to ethical breaches. MOLAP is preventive. MOLAP seeks to provide assistance for personal problems a lawyer may have that, if not addressed, could lead to the lawyer becoming involved in the discipline process. All communications with the MOLAP are confidential and protected by the Missouri Licensed Professional Counselors Code of Ethics.
What happens if I work with MOLAP, but later something comes up and I become involved in the discipline process? Will MOLAP disclose anything in that situation?
No. If you later become involved in the discipline process, you may choose to disclose your MOLAP participation, or you may choose to enter into a MOLAP deferral. In a MOLAP deferral, an individual asks MOLAP to report compliance with clinical recommendations to the grievance committee, but MOLAP will not disclose it unless you ask us to do so in writing.
If I call MOLAP to make a referral about a colleague (friend, family member, coworker) who is a lawyer, what will MOLAP do?
It depends on the situation, and one of our clinical staff will talk with you to get as much detail as possible in order to better understand the situation and how we might be of assistance.
Often, but not always, we ask two volunteers who have been through something similar to reach out to the distressed lawyer. We have found most lawyers are willing to take the meeting with our volunteers, even if they are not willing to accept help at that moment in time. It plants a seed, and many of our clients report that they called the volunteers back some months later when they were willing to get assistance.
If I call MOLAP to make a referral about a colleague, will MOLAP tell the person that I was the one who referred them?
No. MOLAP leaves that decision to the discretion of the caller, so we will not disclose your involvement without your permission. We get calls/referrals from colleagues, judges, disciplinary counsel, certified grievance committees, admissions committees, defense counsel, spouses, children, law school administrators and professors, and the occasional client.
We generally require corroborating information on a new client before doing anything. If we do not obtain corroboration, we do not move forward to intervene — we open a confidential file and wait. Where we have corroboration, we often will set up and facilitate an intervention. Sometimes we provide information to the caller on how to approach the troubled person, and that results in a call from a new client.
If I call MOLAP to make a referral about a colleague, can that person be reported to OCDC?
MOLAP will not disclose or report any information to OCDC without the written consent of the person involved.
Can reaching out to MOLAP negatively impact my license or my career?
Absolutely not. The opposite is actually true. NOT reaching out for help when it’s needed is more likely to have a negative impact on your license or career.
Can MOLAP help me with non-work issues?
MOLAP helps with a wide range of issues. NO issue is too big or small for MOLAP assistance.