"… A New York court is weighing whether to drop the question from the state’s bar application after a working group within the New York State Bar Association issued a report in August calling for the removal of any questions about “mental history, diagnoses, or treatment.”
Such questions are ‘unnecessary and ineffective in identifying applicants who are unfit and are likely to deter individuals from seeking mental health counseling and treatment,’ the report said.
‘These kinds of questions are counterproductive to the goal of ensuring fitness to practice; unnecessarily invade applicants’ privacy; and impermissibly tend to screen out persons with disabilities based on stereotypes and assumptions about their disabilities, rather than focusing on their conduct or behavior that impairs their ability to practice law in a competent, ethical, and professional manner.’" …
The stigma of mental illness should be removed. Many people do not want to answer a question like this even though most licensed professional associations have come a long way in offering treatment and support for mental health.
Again, this article only presents one side of the debate.
Simply responding that one has received counseling will not disqualify one from bar membership. Facts are important.
For a simple example, consider one who suffers from kleptomania. Or one habitually addicted to substance abuse who has repeatedly relapsed. Or repeated suicide attempts. Or is in counseling for illegal behavior such as sex offenses, but has not ever been convicted.
State bars & the legal profession have to maintain standards as clients well being is often entrusted to attorneys.
P.S. Missing a single court hearing in a case can result in a default judgment. The results to the client can be life altering.
Fine, but why one who has applied for membership in a state bar seeks counseling goes beyond concern for the individual applicant. The state bar’s primary concern is in protecting the public.
Consider one who has sought counseling for repeated thoughts of, or attempts at, suicide–should this person be permitted to become an airplane pilot ?
P.S. It may help to know that the practice of law is often very stressful leading many practicing attorneys with no history of substance abuse into excessive use of intoxicating substances. This, in turn, affects the attorneys’ work performance and that affects the best interests of clients.
Most, maybe all, state bars have made provisions for treatment after one has become a member of the bar. Sometimes treatment is accompanied by a mandatory suspension from the practice of law.
The article is interesting from many respects. Noteworthy is the assertion by the State Bar of Colorado. Why ? Because Colorado has one of the best funded disciplinary arms among all state bars. Colorado is, therefore, more able to pursue disciplinary matters & to act both proactively & reactively.
Most other state bar disciplinary arms are poorly funded and are primarily reactionary–after the client’s interests have suffered harm.