Lawyers' Mental Health: No More Bar Exam Questions

The National Conference of Bar Examiners (NCBE) has eliminated a question requiring aspiring U.S. lawyers to disclose mental health conditions or treatment from its sample character and fitness application. This significant change, released this month, aims to encourage law students to seek necessary mental health support without the fear of being denied a license. Individual states determine their own licensing criteria, but the NCBE's revised sample application is expected to influence many jurisdictions.

This move supports a years-long effort by legal professionals and advocacy groups to end intrusive mental health disclosures. Experts like Stanford law professor Nora Freeman Engstrom view the change as a positive step, noting a lack of evidence linking mental health to an applicant's competence from a consumer protection perspective. The NCBE states the revised application focuses more on behavior, viewing treatment positively.

Several states, including New York, Virginia, New Jersey, and Ohio, have already modified or dropped similar questions since 2018. The NCBE's new sample application narrows its inquiry, now asking candidates about medical conditions, mental health issues, or substance use asserted as a defense for past misconduct investigations within the last five years. This approach shifts focus to conduct rather than broad disclosures of conditions or treatment history.