Do mild depression/ anxiety mean not passing the Character and Fitness portion of a bar exam?

February 13, 2010 7:08 PM

Do mild depression/ anxiety mean not passing the Character and Fitness portion of a bar exam?

I am set to start law school in the fall. I know this is what I really want to do. However, I do have a concern related to the Character and Fitness exam: I have had prozac and lexapro prescribed to me (2-3 times) for mild depression/ anxiety in the past throughout my early 20s. Also, I have seen counselors. One at my college (self esteem, dealing with the death of a loved one) and one out of college. In addition, I have been to a hypnotherapist. I have had a couple of panic attacks and been to the dr. about it- nothing was prescribed, just a different birth control.

I am fine, but I guess this might not look so good on paper. My credit is good, I have never been in legal or academic trouble. How much will my past intermittent depression and anxiety hurt me when it comes to passing the bar?

posted by anonymous to Education (9 answers total)

Depends on the state. But I doubt it will be an issue; the stuff you are describing is minor. In New Jersey, for example, they ask:

Have you, within the past twelve (12) months, been diagnosed with or treated for schizophrenia or other psychotic disorder, bipolar or major depressive mood disorder, impulse control disorder, including kleptomania, pyromania, explosive disorder, pathological or compulsive gambling or paraphilia, such as pedophilia, exhibitionism or voyeurism, or any personality disorder?

Are you currently suffering from an emotional, mental, or nervous disorder that impairs your
judgment or what would otherwise adversely affect your ability to practice law in compliance with the Rules of Professional Conduct, the Rules of Court, and applicable case law?

Have you ever been declared incompetent or have you or your property been placed under the control of a guardian, conservator, trustee, receiver, or any custodian?

That's some serious shit that they're asking about. You're not in that league. But check out the bar application for the state(s) in which you plan to seek admission if you want to see what they ask about.
posted by amro at 7:20 PM on February 13, 2010

In most (if not all) states, the Character & Fitness evaluation is a pretty low hurdle. It's a giant pain to go through, and it's very intrusive, but very few applicants are actually prevented from taking the bar because of it. In Missouri, for example, the board denies about 6 people per year admission because of C&F...out of about 1500 applicants. In other words, 99.6% of applicants pass the C&F evaluation.

Depression and anxiety (and taking medication for it) are common enough that if they were a substantial bar to admission the denial rate would be much higher than .4%.

Here's what the Missouri bar is looking for in this context:

A condition or disorder (including, but not limited to alcohol abuse, substance abuse, or a mental, emotional, or nervous disorder or condition) that currently impairs behavior, judgment, understanding, capacity to recognize reality, ability to function in school, work, or other important life activities, or ability to practice law in a competent and professional manner.

As you can see they're really looking for something fairly debilitating. Mild depression and anxiety for which you are being treated with appropriate medication is really not what they're talking about.

Now I don't know what state you're applying for, but I've never heard anything to suggest that Missouri is not typical in this regard.
posted by jedicus at 7:21 PM on February 13, 2010

I can't speak to any specific bar, as you haven't indicated where you're planning on practicing, but I can tell you that a number of my friends from law schools saw counselors/took antidepressants and none of them had a problem with the Character and Fitness portion. My understanding is that for most states (including New York, which I'm most familiar with), you will not pass Character and Fitness only for an issue that truly calls your character into question - I don't think depression or anxiety are considered character failings by the bar. Even more egregious mistakes, such as minor criminal records in the past, do not necessarily stop you from passing Character and Fitness. For example, I had an underaged drinking citation from high school that I disclosed (as required) and the interviewer just sort of laughed and said "you haven't been in trouble since, right?" I even knew people who had citations for public drunkenness or the like during law school and they didn't have any trouble passing the Character and Fitness portion.

Again, speaking only of New York, but I don't know that there were any questions in which you even have to disclose your depression or anxiety issues. The questions I recall were past criminal citations/misdemeanors/felonies, moving violations (from driving), academic probation or plagiarism and the like charges, and a question on credit delinquency. I certainly did not provide any medical history.

If you're really concerned, you can probably look at the bar application for your state of preference. (NY's is linked at http://www.nybarexam.org/forms/forms.htm )
posted by Caz721 at 7:27 PM on February 13, 2010

As a general rule, the character and fitness portion of the exam is an exercise in candor. They ask: you answer. Bad credit, overwhelming debt, psychological problems, substance abuse, etc. are NOT ABSOLUTE BARS to practicing law. They raise what lawyers like to call a rebuttable presumption against fitness to practice. You are simply then invited to provide more information that would tend to show that you are, in fact, a capable professional worthy of licensure.

What that means in your state is anyone's guess since we don't know what state you are in.

Here's what it means for me. I'm an alcoholic. States handle the issue of substance abuse differently - some ask whether you have a history of substance abuse, others ask if your substance use would impair your ability to practice law. See how the answers to each question might differ? New Jersey (where I went to school) asks if your substance use would impair your ability to practice law. I would have answered that question in the negative, since I've been sober for a year and a half. Texas (where I'll be taking the bar exam in ten days), asks if you have a history of substance abuse. Well, in terms of answering honestly, I couldn't very well deny that I am an alcoholic - even a sober one.

And so I answered in the affirmative, and described my experiences. They politely sent back a request asking for clarification about when I got sober, and for three personal references that can attest to my abstention from alcohol. I provided all of them. Then today, I received a letter saying that my license would be placed on hold (pending the results of the bar exam) until after I had remained sober for two years. Only after July 2010 will I qualify to be licensed to practice in Texas. So not an actual bar to practicing - just a heightened test that I have to meet based on my own specific circumstances.

Mental illness is likely treated in a similar manner. But as others have said, you just need to check to see what the exam application looks like in your state to really know whether it is something they'll even look at. Because one of your problems is anxiety, I would suggest calling up your state board of law examiners and asking them specifically - and also asking them what proof you would need to submit in order to qualify if it was even an issue they would want to look at. That can offer you some peace of mind - since you can be working on making sure that is all together while you are in law school and so you don't have to scramble while you are studying for the exam (like I have had to do over the last few months!).
posted by greekphilosophy at 7:32 PM on February 13, 2010 [2 favorites]

The thing with the character and fitness portion is not only what possible issues you might have but that you are truthful about disclosing them. I had a friend in law school with a much worse problem than you describe who passed the character and fitness in part, I suspect, because he was honest about the issues in his application.

I have done character and fitness in two states (La and TX) and in both, the mental health issue was a pretty high bar of problems to get you derailed. Substance abuse seems to be most often the biggest hurdle that many have in passing it - which as greekphilosophy points out, is not an absolute bar.

That being said, as long as you are open and honest about what you have been through in the disclosure portion of it, you have already met one of the major requirements: candor.

I also agree that you should look at what the C&F portion requires. The bar application should be available online as should the regulations/statutes setting forth what is required.

Best of luck!
posted by Leezie at 7:39 PM on February 13, 2010

It really depends on the state, but it's highly likely you'll be fine. I would be surprised if you even had to disclose anything that you list. The more conservative/stuck in the iron age the state, the more likely there will be a problem, but generally you are just asked if you have a condition that could interfere with your ability to practice law. Also, the question is usually phrased in the present tense (from what I remember). If you are really worried I would call a law school in the state you are looking to practice, they can probably give you some good advice.

Bottom line, I can't make any guarantees, but I know many many people in law school on a variety of anti-depressants (and far stronger) and in therapy and all had no problems with their bar applications.
posted by whoaali at 9:33 PM on February 13, 2010

Since it appears that practically everybody in the world suffers from "mild depression/anxiety", I would say no.
posted by turgid dahlia at 4:31 AM on February 14, 2010

If you want some comfort, read the disciplinary dockets of state bars where you might want to be admitted. Addictions to drugs, alcohol and gambling cause a huge percentage of the neglect of client cases, and thievery from client trust funds, that result in suspensions and disbarments. Depression, medicated or not, rarely figures. More severe mental illnesses don't tend to figure simply because they are sufficiently overt that lawyers get fired or sidelined by their employers and clients quick enough to avert major problems.
posted by MattD at 6:26 AM on February 14, 2010

Anecdotally, I know members of the bar in good standing who are on antidepressants or anti-anxiety medications or have been in the past.

If you know what state you intend to practice in, I would call the character and fitness section of the state bar and ask your question directly. In my experience, those people are very helpful and professional and can set your mind at ease. In general terms, the character and fitness stuff is not designed to weed you out for a medical condition that you are addressing and that does not affect your practice of law. They're more worried about people with real criminal histories and untreated drug problems that may lead to bad lawyering and/or running off to Rio with the client's assets.
posted by *s at 10:59 AM on February 14, 2010