C&F--should I amend impairment section? Forum

[Anonymous User]

I am wondering whether I should/need to amend my app. My law school does not seem to have anyone who provides advice on this.

Basically, I have had minor anxiety that prompts me to bite my nails, fidget with stuff, etc. I am fine without medication, but during law school I took the minimum dosage of an anti-anxiety med. I am going off the meds today. The anxiety does not impair my ability to function or perform tasks; my doctor said as much when he put me on the meds. I am fine disclosing the anxiety, however.

The C&F question was as follows: "The mere fact of treatment, monitoring or participating in a support group does not need to be reported, nor is it a basis upon which admission is denied.
Do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner?"

I answered "no," both because that seemed like the right answer and I was honestly going pretty quickly in order to meet the deadline. But now I am getting nervous and thinking "disclose, disclose, disclose." Should I amend?

[Anonymous User]

You don't need to disclose, but there's no downside to disclose, so you might as well amend and say something like this:

"While I do not believe the following condition I'm about to disclose would in any way affect my ability to practice law in a competent, ethical, or professional manner, I would like to disclose the following condition in the interest of full disclosure. Starting in [MONTH, YEAR] I had a minor case of Generalized Anxiety Disorder, for which I was prescribed medication. In May 2022, I stopped taking the medication under the supervision of my psychiatrist."

[Anonymous User]

You don't need to disclose, but there's no downside to disclose, so you might as well amend and say something like this:

"While I do not believe the following condition I'm about to disclose would in any way affect my ability to practice law in a competent, ethical, or professional manner, I would like to disclose the following condition in the interest of full disclosure. Starting in [MONTH, YEAR] I had a minor case of Generalized Anxiety Disorder, for which I was prescribed medication. In May 2022, I stopped taking the medication under the supervision of my psychiatrist."

OP--thanks. My main concern with amendment would be that all amendments are red flags that I intentionally withheld something. This jx would not even start the C&F review until after I pass (fingers crossed) the bar, and I would be amending within 24 hours, if either of those things matters.

[Anonymous User]

Say that you didn't originally disclose because you reasonably and sincerely believe that the anxiety will not affect your ability to practice law, but that upon further reflection you determined that disclosing is better than not disclosing, notwithstanding the fact that your condition will not affect your ability to practice law. It might be viewed as a red flag but you strike me as someone who is risk averse. A worst case (albeit unlikely) scenario is that it somehow comes out that you didn't disclose and never amended and then you have to defend why you didn't. Amending and raising a red flag is certainly better than that situation.

For what it's worth, I know several people who take depression and anxiety meds (zoloft, wellbutrin, etc.) but never disclosed because it doesn't affect their day to day life in any real way. Nothing ever happened to them. Lots of lawyers have anxiety and depression. Part of the reason why the question carves out relatively minor cases is that many, many people would otherwise have to disclose.

[Anonymous User]

Say that you didn't originally disclose because you reasonably and sincerely believe that the anxiety will not affect your ability to practice law, but that upon further reflection you determined that disclosing is better than not disclosing, notwithstanding the fact that your condition will not affect your ability to practice law. It might be viewed as a red flag but you strike me as someone who is risk averse. A worst case (albeit unlikely) scenario is that it somehow comes out that you didn't disclose and never amended and then you have to defend why you didn't. Amending and raising a red flag is certainly better than that situation.

For what it's worth, I know several people who take depression and anxiety meds (zoloft, wellbutrin, etc.) but never disclosed because it doesn't affect their day to day life in any real way. Nothing ever happened to them. Lots of lawyers have anxiety and depression. Part of the reason why the question carves out relatively minor cases is that many, many people would otherwise have to disclose.

This is giving me pretty mixed messages.

[Anonymous User]

I am a biglaw partner, and I take a low dose of Zoloft to help me manage my anxiety and depression. You have no obligation to disclose this to the bar and I would not amend your application to disclose it. I also don't know why you would go off of your medication. The practice of law, and private practice in particular, is tremendously stressful, and I say this as someone who generally enjoys it and finds it fulfilling. You may be "fine" without your medication now, and I was "fine" without it (I made partner before I started taking it), but it makes life so much easier and less stressful, and there just seems to be very little upside in discontinuing it.

[Anonymous User]

The anxiety does not impair my ability to function or perform tasks; my doctor said as much.

The mere fact of treatment...does not need to be reported

I would not disclose. The question asks about effect on one's ability to practice, your doctor has said it does not impair your ability to function or perform, and the question specifically carves out mere treatment.

I understand the "err on the side of disclosure" argument but I just do not see how your treatment is a pertinent answer to the question, and we should not be normalizing overdisclosure-just-in-case any more than we would support a question that is less targeted than this one.

[nixy]

I agree that you don’t need to disclose. The question asks if you have a condition that impairs your ability to practice law, your doctor has told you it doesn’t impede your ability, you don’t believe that it impedes your ability, that’s the end of it.

[CanadianWolf]

So you are experiencing anxiety about not disclosing your anxiety.

Your anxiety causes you "to fidget" or to bite your nails.

If you elect to amend & disclose, your disclosure might read:

"I experience minor anxiety that causes me to fidget and to bite my nails."

If this is relevant, then you should state what causes your anxiety.

[blair.waldorf]

I would not disclose.

[Anonymous User]

OP here with update. I had a scheduled appointment with my doctor anyway and asked him directly again. He said that my initial answer was correct and was willing to go on the record about that if needed. I have not amended my application and do not plan to.

I have also chosen to continue taking the medication through the bar exam, after which I have a month-long vacation/break during which I will do a trial period off the medication.

Thank you all for your insight and perspectives.

[CanadianWolf]

Accept your doctor's offer to state in writing ("go on the record") that your condition (anxiety) does not affect your ability to function or to do tasks relevant to your upcoming profession as an attorney (although I am not sure as to how a medical practitioner would now this without knowing your specific duties as an attorney).

Keep this writing in your possession for future use if you chose not to address the issue now with the state bar.

Health conditions often change and you have not yet experienced life as a practicing attorney so your anxiety may yet become a factor relevant to your ability to handle legal duties as an attorney. ( Many trial lawyers and many labor lawyers, for example, experience significant anxiety before & during going to trial or before & during speaking to a hostile crowd of striking workers.)

Also, FWIW, many aspiring attorneys experience significant anxiety regarding bar exams.