The American Psychological Association (APA), the world’s largest professional psychology group, has thrown its weight behind the movement to eliminate the mandatory disclosure of personal mental health information for individuals applying to become lawyers. The APA announced on Monday that it has approved a policy aligning with the American Bar Association (ABA) and state bar associations to eradicate questions related to mental health diagnoses or treatment history from character and fitness reviews conducted on aspiring attorneys before granting them the right to practice law.
The APA’s resolution, which gained approval from its governing body earlier this month, emphasizes that there is no statistically significant correlation between bar application questions concerning mental health and instances of attorney misconduct. It further highlights that these questions have not demonstrated empirical efficacy in identifying individuals who can or cannot competently practice law. The move aims to shift the focus from a candidate’s mental health history to their professional qualifications and capabilities.
Advocates for mental health have long voiced concerns that questions about mental health status dissuade law students from seeking help due to the apprehension of being denied admission to the bar. According to the American Bar Association, approximately 38 jurisdictions include at least one mental health-related question in their character and fitness questionnaire.
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Notably, a national study on law student well-being conducted in 2022 revealed that 44% of respondents expressed fears that the potential threat to their bar admission might deter them from seeking assistance for mental health issues.
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The push to remove mental health questions from character and fitness reviews is not new. The ABA’s House of Delegates passed a resolution in 2015, urging the removal of such questions. Over the past few years, at least six states, starting from 2018, have made substantial revisions to or entirely dropped mental health-related queries from their assessments, as reported by the APA.
Several states have already taken action to address this issue. In 2020, New York State eliminated the requirement for mental health disclosure for bar admission applicants, and in January, Ohio removed its character and fitness question pertaining to mental or psychological disorders. A successful advocacy effort by Virginia law students in 2019 led the state to cease inquiries about mental health during the application process.
Beyond focusing on mental health questions, the APA’s resolution calls upon law schools to play an active role in supporting law students seeking appropriate mental health treatment. The resolution further seeks to diminish the stigma associated with mental health concerns in the legal profession.
This collaboration between the American Psychological Association, the American Bar Association, and various state bar associations marks a significant stride toward reforming the assessment process for aspiring lawyers. The APA’s endorsement of the removal of mental health-related questions acknowledges the need for a fair and effective evaluation of candidates based on their professional capabilities rather than stigmatizing aspects of their mental health history.
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