TLAP Monitoring Agreements: TLAP monitoring services may be voluntary or include mandatory notification to a disciplinary authority (Rule 33.05 (E). The monitoring agreements of the TLAP are tailored to the needs of each individual. As part of the follow-up, participants may participate in therapy sessions, self-help groups, treatment programs, follow-up sessions and/or lawyers during recess sessions. All participants are required to submit to random urine and drug screens, provide monthly documents to the TLAP office, and meet regularly with a volunteer peer monitor. B. Progress reports. If the TLAP accepts a referral under Rule 33.07 (A), which results in a recommendation for a supervisory agreement, with a disciplinary authority as a reporting entity, the TLAP submits progress reports or reports of substantial violations. Notwithstanding Rule 33.10, these reports may be used as evidence in any proceeding or appeal in connection with such referral by the Tennessee Board of Professional Responsibility, the Tennessee Board of Judicial Conduct, the Tennessee Board of Law Examiners or a disciplinary proceeding with a disciplinary authority. 33.08 Local Disability Legal Assistance Programs Subject to this rule and approval by the TLAP, any bar or other accredited body may set up a limited legal program to assist lawyers in cases of substance abuse, mental illness or other disorders that may affect the lawyer`s professional behaviour. These programs are not TLAP agents and do not have the right to engage TLAP through their actions. These approved programs must work as follows: A.
The program is led by a committee of at least five (5) members, one of whom is appointed as chair and the other as vice-chair. B. No member of the disability counsel program may be a member of a district committee of the Tennessee Supreme Court Board of Professional Responsibility. C. The program may investigate and assess allegations of abuse or intellectual disability that have been brought to its attention. If the investigation or assessment indicates that the lawyer is in fact suffering from substance abuse or mental impairment, the program may speak with the lawyer who is the subject of such a charge and make a recommendation to that lawyer. Such a recommendation may include sources of assistance to these problems. D.
The program can create and facilitate the creation of groups and lawyer meetings. E. The program provides only peer assistance and does not accept any reference to supervision as a trial period or interim condition imposed on a lawyer by a court or disciplinary authority. The program refers lawyers who need oversight to the TLAP. However, any supervisory contract executed by a local disability lawyer program prior to the entry into force of this amendment may be continued until the end of the contract term. F. The program provides statistics on the number of recommendations it receives.