Therapy - What Must I Report

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collier94

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Therapy - What Must I Report

Postby collier94 » Wed Aug 08, 2018 6:21 pm

Am considering retaining a therapist for couples therapy. One issue my significant other will want to discuss is my drinking behavior. I am concerned about the possibility of there being a written record suggesting “alcohol abuse” that may be discoverable when I apply for the state bar exam. Please advise.

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4LTsPointingNorth

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Re: Therapy - What Must I Report

Postby 4LTsPointingNorth » Wed Aug 08, 2018 7:33 pm

collier94 wrote:
Am considering retaining a therapist for couples therapy. One issue my significant other will want to discuss is my drinking behavior. I am concerned about the possibility of there being a written record suggesting “alcohol abuse” that may be discoverable when I apply for the state bar exam. Please advise.


Not a C&F lawyer or especially informed on the topic, but I see that your question has remained unanswered so I'll give it a shot:

I would go to the therapy. Covering up the issue instead of treating it is what might eventually lead to events that will call your fitness to practice law into question.

The New York Bar Application has this disclaimer followed by these relevant questions:
(It is publicly available here: http://www.nybarexam.org/admission/Sept ... pt2014.pdf)

Disclaimer on Section H. of the NYS Bar Application (emphasis added):

The purpose of these inquiries is to assist the Appellate Division of the Supreme Court and its Committee on Character and Fitness in evaluating the applicant’s current fitness to practice law. This information shall be treated confidentially.

The mere fact of treatment for mental health, alcohol, drug or other substance abuse conditions and impairments or gambling addiction is not, in itself, a basis on which an applicant is denied admission.

This section is not intended to require disclosure of physical conditions or impairments, general guidance counseling for smoking disorders, weight loss advice, academic support, matrimonial and family issues, crime victim issues or career counseling.

An applicant may be denied admission where the applicant's ability to function is impaired in a manner relevant to the fitness to practice law, or where the applicant demonstrates a lack of candor by his or her responses.


Relevant questions excerpted:

Do you currently have any condition or impairment including, but not limited to a mental, emotional, psychiatric, nervous or behavioral disorder or condition, or an alcohol, drug or other substance abuse condition or impairment or gambling addiction, which in any way impairs or limits your ability to practice law?

If your answer is Yes, are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program?



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