By Jeremy Evans
Everybody loves a comeback story. What is even better for attorneys? Redemption and the law. Why? Because it hits close to home. It reminds us that we are all human. Meant to learn. Meant to grow from our mistakes. When we talk about redemption, we are really talking about a second chance.
It seems that where the fall happens, the law is there to provide a pathway to conviction with the necessary evidence and proper execution, but it is also a guiding compass on how to get back on our feet. What lies between, as county singer Alan Jackson sings, is “faith, hope, and love.” Essentially, a lot of grace.
Alcohol abuse has long been thought of as a problem in the legal profession. A recent study confirmed this thought. The Journal of Addiction Medicine found that more than 30% of American attorneys are “Problem Drinkers.”1
Patrick Krill, one of the authors, stated that “This long-overdue study clearly validates the widely held but empirically undersupported view that our profession faces truly significant challenges related to attorney well-being.” 2
In this article, we look at two attorneys, who humbly show us their rise, fall, and redemption. We will then look at a program that has provided a pathway to redemption for many attorneys.
Our journey begins with James Binnall. James grew up in Boston, attended a coat- and tie-style all boys prep school, was a wrestler, and eventually became the youngest Division 1 wrestling coach in history. He grew up in a stable and supportive family. James had a wonderful upbringing.
One fateful day, however, James decided to drive under the influence of PCP (Phencyclidine). The result was a horrible accident where the passenger in his car was killed. James was charged and convicted of vehicular manslaughter. He served two years in prison. James was in his twenties and a college graduate with a lot of promise.
He learned a lot in prison. He saw how his actions led to hurt, a life cut too short, and the loss of his freedom. Prior to eventually using the law to excel, he benefitted from strong relationships and support from a prison warden and his family; he excelled when those who believed in him gave him a second chance. James did not have a singular moment of clarity. Instead, a series of events and people led him to where he is today. He did have to take a step into accountability and accept that he needed to change his life.
While in prison, the same prison warden was impressed with James and suggested that he take the Law School Admittance Test (LSAT) and apply to law school once he finished his time. James took the warden’s advice. He applied to many law schools, but was only accepted into one. Most law schools he applied to required that he be off parole, which would have been another few years or more.
Two weeks out of prison, James met his soon-to-be wife. She would be influential in his path to redemption. Altogether, it was the beginning of his second chance. The start of his comeback story.
James entered Thomas Jefferson School of Law in 2005 at the start of the spring semester. He excelled and attracted many mentors, specifically Criminal Law Professor Anders Kaye. James graduated early as part of the accelerated program. Then he passed the California Bar Exam, but not before gaining a great deal of experience in the moral character acceptance process (as one might imagine with a criminal background) – experiences he would later use to help others.
James eventually went on to earn his Master of Laws (L.L.M.) from Georgetown University Law Center. He did not stop there. He now has a Ph.D. from the University of California, Irvine. He picked up more mentors in the education field. Following the path of his mentors, James wanted to teach. He had learned so much in life; his knowledge would be invaluable to pass onto others.
James is now a full-time faculty member at California State University, Long Beach, in the Criminology, Emergency Management, and Criminal Justice Department. He is on a path to become a tenured faculty member. Prior to teaching at Long Beach, he was a full-time tenure track faculty member at Savannah Law School in Georgia, a new up and coming ABA approved institution, and before that, he taught the law fellows at Georgetown.
In addition to teaching, James now offers moral character application assistance services to law school graduates who are waiting to be licensed to practice law. He has taken what he learned in his life to help others navigate the process.
James is a wonderful example of redemption. Second chances can be fleeting, but James did not hesitate to make the best of his second chance and use it to help others do the same. He is a living example of how programs help people get back on their feet. Entities like local churches, support programs, and The Other Bar, are blessings to our communities.
Our journey continues with David Mann. David Mann is a graduate of Ohio State University and Stanford Law School. He served as a Deputy Public Defender in San Francisco before becoming a solo criminal defense practitioner. After 12 years of practice, his substance abuse-related issues caused him to resign from the bar with disciplinary charges pending. Following a relentless battle with addiction which included numerous hospitalizations and periods of living on the streets, he succeeded in getting clean and sober in 1998.
Since then he has worked, among other things, as a cab driver, a private investigator, a paralegal, and a drug and alcohol rehabilitation counselor. He presently serves as the Northern California Consultant to The Other Bar, a statewide organization of recovering attorneys, judges, and law students. In this capacity, he spends his time providing outreach and education to the legal community, and assisting attorneys as they struggle with substance abuse and related challenges that threaten their ability and/or eligibility to practice law.
I had the chance to talk with David Mann and asked him about his personal life and The Other Bar.
What is The Other Bar and how did start?
The Other Bar is a statewide group of California lawyers, judges, and law students who are in recovery from addictions to drugs, alcohol, and/or other substances and behaviors. We are a volunteer organization, a 501(c)(3) non-profit, and operate with confidentiality as our highest priority. Our services are free of charge, and supported by charitable donations from firms and individual attorneys. Our mission is to support one another in ongoing recovery, and to make assistance and resources available to those in the profession who are in need of help. To that end, we run an informational website, otherbar.org, a 24-hour confidential hotline and conduct weekly mutual support meetings in 30 cities statewide. When possible, we provide scholarships and loans to pay for rehab for those who cannot afford it.
The Other Bar started 40 years ago in Northern California when San Francisco attorney Edward Caldwell, per judge’s order after several DUIs, got sober in Alcoholics Anonymous (AA) and perceived the need, based on a general unwillingness among attorneys to attend AA, for a specialty organization tailored to the needs and concerns of lawyers. The idea was obviously a good one, and The Other Bar is still in business, the only entity doing what it does. A biography/memorial of Ed Caldwell (recently deceased) is posted on our website.
If you can say, how many attorneys has The Other Bar assisted?
Over the length of our existence, this number is certainly in the thousands. At any given time, we have well over 600 active members.
What would you say are the main tenants or foundational principles of The Other Bar?
Confidentiality, and service. Each member willingly volunteers to help others, in recognition and appreciation of the help that was extended to them when they were in need. All in recognition of the magnitude of this problem in the legal profession, which is, as you know, enormous.
How has your own life path guided and benefited The Other Bar?
The Other Bar was instrumental in helping me return to the mainstream of personal and professional life after suffering a terrible struggle with addiction during which I lost everything short of my life itself. I was fortunate enough to be offered my current position as consultant, so I have the privilege of making my living doing this amazingly rewarding and important work.
David provides us with another living example of redemption.
Something on television recently garnered attention. The speaker said that true charity is the giving of one’s own time and resources. It is the act of freely helping others. You see, from a willing heart flows grace for others. A second chance is but grace in practice. James, David, The Other Bar, and people and programs like it, are but living, walking examples of that grace. We should all be so thankful for lives redeemed.
Jeremy Evans is managing attorney with California Sports Lawyer.
1 Journal of Addiction Medicine, “The Prevalence of Substance Use and Other Mental Health Concerns Among American Attorneys,” Krill, Patrick R. JD, LLM; Johnson, Ryan MA; Albert, Linda MSSW, February 2016 – Volume 10 – Issue 1 – p 46–52.
2 KPBS Study, by Megan Burke and Maureen Cavanaugh “More Than 30 Percent Of American Attorneys Are ‘Problem Drinkers,” Thursday, February 4, 2016
This article originally appeared in the May/June 2016 issue of San Diego Lawyer.
Great article. Everyone loves a comeback story. The Other Bar sounds like a great cause.