Character and Fitness/Depression Treatment Forum

[fearless16]

I've been successfully undergoing treatment for major depressive disorder for about 10 years (though was ill for much longer.) This essentially consists of seeing a psychiatrist four times a year, avoiding alcohol, exercising regularly, living in a sunny place and taking a prescribed medication that a good 1/3 of the country takes. This is such a normal part of my life that I don't view it as something that would "affect my ability to practice law." So how do I answer that question?

[HonestAdvice]

If you don't have any disciplinary history then I would say no. Others might disagree, but I don't see why you'd be a bigger concern than anybody else. Even if you fell into a deep depression, I don't think it follows that you'd necessarily be a concern to your clients (unless attempted suicide, etc.) I've never been depressed or met somebody diagnosed with depression (that I know about), but I remember learning about a study in a neuroscience class in college that those suffering from depression have a better grasp on reality than non-depressed people. You actually need to be mildly detached from reality to be psychologically healthy so you could argue you're more fit to advise clients than an ordinary attorney.

[myrtlewinston]

Look up the depression stats for lawyers!

[scruffy556]

I would look at it this way: it's something that will not hurt you for c&f if you tell them about it; however, if that's something they want to know and you show a lack of candor that absolutely can hold up the process.

A classmate of mine is having his c&f delayed because he chose not to disclosure anxiety medication he used in undergrad, doesn't even use it today.

There's no way to know if his experience is exceptional, but why take the risk?

[TLSaul2001]

Better off just being up front about it. It won't cause you to not get admitted, the only way it hurts you is if they find out through the background check or something then ask you why you weren't candid.

[fearless16]

Thanks, all. I will disclose. It's not a serious issue and in many ways, this experience has turned me into a far more compassionate person. That's the narrative route I'll take.

[jdmonkey]

They are only able to ask you about impacts of mental illness. Like if it got you fired at work or suspended from school. I know that the DOJ has told state bars not to inquire about mental illness in general, because it is discriminatory...they don't ask about HIV, cancer, etc. If you suffer from psychotic delusions that have resulted in violence you would disclose. If you have depression and are being successfully treated that shouldn't be disclosed.

[jdmonkey]

I've been successfully undergoing treatment for major depressive disorder for about 10 years (though was ill for much longer.) This essentially consists of seeing a psychiatrist four times a year, avoiding alcohol, exercising regularly, living in a sunny place and taking a prescribed medication that a good 1/3 of the country takes. This is such a normal part of my life that I don't view it as something that would "affect my ability to practice law." So how do I answer that question?

If they asked do you suffer from substance abuse would you disclose "I need to drink coffee every morning?" No it is completely irrelevant. Being addicted to a morning cup of coffee has no bearing on your ability to practice law.

[A. Nony Mouse]

They are only able to ask you about impacts of mental illness. Like if it got you fired at work or suspended from school. I know that the DOJ has told state bars not to inquire about mental illness in general, because it is discriminatory...they don't ask about HIV, cancer, etc. If you suffer from psychotic delusions that have resulted in violence you would disclose. If you have depression and are being successfully treated that shouldn't be disclosed.

Different states word the questions in different ways, though. I agree that it shouldn't make the slightest difference to the OP's actual fitness but depending on the way the question is worded it is absolutely the safest thing to disclose and not worry. As others have said, not disclosing (for the bar) is way worse than whatever isn't disclosed.

(To be fair I think depression, as a condition, if untreated, absolutely can affect someone's practice of law. You just disclose and show that the condition is treated and all is good. But again, it depends on the way the question is worded. If it asks if the OP has ever been diagnosed with a mental illness that could affect the ability to practice law, I would disclose. I probably would disclose if it said "would affect" too, and then show why it doesn't in his case. There may be other ways of wording it that don't require disclosure.)

The analogy with coffee is silly.