Is there any mental health diagnoses that I'm REQUIRED (legally or by Bar regulation) to disclose? Forum

[Anonymous User]

Disclaimer: I'm not seeking medical/mental health advice here. I just want to hear about people's experiences and thoughts.

I'm still in school but I've been struggling a lot with mental health issues lately and want to seek help, including getting formal diagnoses if needed. But I'm afraid that I might be diagnosed with something heavily stigmatized regardless of whether it actually affects my competency. Would I be required to disclose it when asked for any conditions that might affect my competency as a lawyer? Would this actually affect my career?

[cavalier1138]

It really depends on the jurisdiction, but I feel like the language generally refers only to things that impact your ability to practice.

[Anonymous User]

Disclaimer: I'm not seeking medical/mental health advice here. I just want to hear about people's experiences and thoughts.

I'm still in school but I've been struggling a lot with mental health issues lately and want to seek help, including getting formal diagnoses if needed. But I'm afraid that I might be diagnosed with something heavily stigmatized regardless of whether it actually affects my competency. Would I be required to disclose it when asked for any conditions that might affect my competency as a lawyer? Would this actually affect my career?

Reality is, like cav said, disclosing probably won't affect your ability to be barred unless it affects your ability to practice, depending on what we're talking about.

Bar-wise, the safest answer is you have to disclose everything relevant to the question asked on your bar app. I was...choosier, but that was a personal risk calculus that is founded in my belief that in 9/10 cases (1/10 being something like severe schizophrenia), the mental health question (in most forms) doesn't need to be asked by the bar, isn't relevant to what they're trying to solve for, and is incredibly outdated, invasive and/or rooted in privilege. But I wouldn't advise anyone to do exactly what I did.

The flip side of this is that your law firm likely won't care about your mental health until it affects their bottom line. I've seen people who were very alcoholic (rolled into the office reeking of alcohol, throwing up in the men's restroom every day, several drinks just to sleep each night) or very depressed/whatever that the firm didn't bat an eye at as long as they were billing/doing good work. Yeah, they'll make passing statements each associate meeting or whatever, but you better believe that as soon as anyone's mental health gets in the way of "client service", they will take the dim view. It's not right, but it's the world we live in.

Bottom line--you need to get help. Do what's best for you, and your career will follow: it's not the other way around. You will be much, much happier in life and law if you prioritize your health, regardless of the level at which you practice.

[Anonymous User]

Ask your psychiatrist. I sent my bar application to mine and asked him via email whether I should answer yes or no. He told me to answer no, so I did. I figured that was good enough, and if it ever came up as an issue I could point to the instructions in writing from the doctor who was treating me.

If you do honestly think that your issues would actually affect your ability to practice, though, then you should be honest.

[Anonymous User]

For what it's worth, I have ADHD and mild anxiety and depression. I am on ADHD medication and Lexapro for the anxiety/depression. My jurisdiction asked about: (1) any hallucinations, delusions, etc. and (2) anything that could impact your ability to practice.

My anxiety and depression are mild and I am fine now that I am on medication and have gone through therapy. Plus, even at my worst, I still performed well at work and in school. So I said no. You will be fine.

[Anonymous User]

OP here. I’ve felt (felt, no actual diagnosis) depressed my whole life and I’m just afraid that I might get diagnosed with major depressive syndrome. Also, I’m worried about getting diagnosed with autism spectrum disorder or something, even if a very low degree of it, although I know that probably won’t happen. I’ve just been so stressed and self-conscious about my ability to deal with people, which has been adding even more to my stress.

[nixy]

The posts above are correct, the usual question is something along the lines of do you have a mental health condition that impacts your ability to practice. My state asks 1) do you have such a condition and 2) is it ameliorated by treatment? For the latter, you have to submit a form from medical providers. I had to do this once (treatment for anxiety and mild depression within the time frame required) and my medical providers filled out the form saying I was fine to practice and it was all fine (no comment or issues; I passed c&f without any hiccups). Basically, if you're successfully getting through law school, no provider is going to say you're not able to practice.

It's much better that you get treatment and be happy and healthy and maybe have to disclose something on your bar app, than not get treatment you need because of fear of the bar. The bar associations are much better about handling mental health stuff than they have been in the past (the levels of mental health issues in the population is staggering, you won't stand out) and it's not worth suffering when you don't have to.

[Anonymous User]

OP here. I’ve felt (felt, no actual diagnosis) depressed my whole life and I’m just afraid that I might get diagnosed with major depressive syndrome. Also, I’m worried about getting diagnosed with autism spectrum disorder or something, even if a very low degree of it, although I know that probably won’t happen. I’ve just been so stressed and self-conscious about my ability to deal with people, which has been adding even more to my stress.

I'm the poster who said to ask your psychiatrist.

I really understand your concerns because I also delayed getting help because I was afraid of bar implications. Something really awful happened to me at the beginning of law school and I was suffering from PTSD. I ended up getting help 2L year. Bottom line is that by the time I got to the bar application I had dealt with the issues by going to a psychiatrist and therapist, was being weaned off my medication by then, and really felt that my ability to practice was not impacted by my diagnosis. My psychiatrist agreed. Getting help was all around the best decision I could have made and without it I would have likely had to honestly answer "yes" on the application. Please don't let this spiral. Law school really adds to mental stress and the best thing you can do for yourself is to get treatment.

[Anonymous User]

I just want to say that from an ethical perspective, the idea of a mandatory mental health disclosure as a prerequisite for practicing law is a nightmare, and I think that regardless of the legal obligation, nobody should feel ethically obligated to do so regardless of their history.

[nixy]

If you look at the reports of people facing bar discipline, though, there are always a significant chunk who lose the plot on their practice due to substance abuse issues and untreated mental health issues. Ethically, I think there's also some obligation to ensure that people taking clients' money to address these incredibly significant issues in their lives are capable of doing so.

[abiglawyer]

If you look at the reports of people facing bar discipline, though, there are always a significant chunk who lose the plot on their practice due to substance abuse issues and untreated mental health issues. Ethically, I think there's also some obligation to ensure that people taking clients' money to address these incredibly significant issues in their lives are capable of doing so.

Yeah the mentally ill are dangerous social deviants and we should define and exclude them from the practice of law to protect clients. All of the big white collar criminals and perpetuators of fraud were noticeably mentally ill, like Bernie Madoff, Martha Stewart, Jeffrey Skilling... and mental health is a neutral and ahistorical metric that actually judges and sorts already-individuated subjects, and not at all a tool of social control with a long history of invention and refinement. I've also never read a book.

[nixy]

If you look at the reports of people facing bar discipline, though, there are always a significant chunk who lose the plot on their practice due to substance abuse issues and untreated mental health issues. Ethically, I think there's also some obligation to ensure that people taking clients' money to address these incredibly significant issues in their lives are capable of doing so.

Yeah the mentally ill are dangerous social deviants and we should define and exclude them from the practice of law to protect clients. All of the big white collar criminals and perpetuators of fraud were noticeably mentally ill, like Bernie Madoff, Martha Stewart, Jeffrey Skilling... and mental health is a neutral and ahistorical metric that actually judges and sorts already-individuated subjects, and not at all a tool of social control with a long history of invention and refinement. I've also never read a book.

Please don't put words in my mouth, brave anon. I didn't say any of those things.

[cavalier1138]

Yeah the mentally ill are dangerous social deviants and we should define and exclude them from the practice of law to protect clients.

In addition to being anon abuse, this is a really dumb take. No, someone who goes to regular therapy to cope with depression/anxiety shouldn't be barred from the practice of law. But someone who regularly hallucinates and refuses to take medication is likely unfit to practice and would put their clients at serious risk.

It's possible to have a somewhat nuanced view on complicated subjects. Give it a try.