Prospective attorneys in Ohio have to fill out a questionnaire, undergo a background check, and participate in an interview to ascertain if they meet the necessary ethical and moral standards to practice law in the state. After January 17th, 2023, Ohioans will no longer have to list a mental or psychological disorder on the questionnaire.
According to the changes to Rule I of the Rules for the Government of the Bar of Ohio, a person’s mental health would only be relevant as part of an application when there is conduct that could be detected during the investigation, such as a criminal offense, substance use issues, or financial irresponsibility.
The character and fitness common application, provided by the National Conference of Bar Examiners, currently asks “do you currently have any condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition) that in any way affects your ability to practice law in a competent, ethical, and professional manner?” And “Are the limitations caused by your condition or impairment reduced or ameliorated because you receive ongoing treatment or because you participate in a monitoring or support program?”
According to a post on Linkedin, Ohio State University Moritz College of Law graduate Claire Halffield wrote to the Ohio Supreme Court in 2020 asking that they remove the question.
Halffield wrote in her post that the character and fitness application asks whether a bar applicant has “any mental health condition that would impact their ability to practice law.”
Her letter to the Ohio Supreme Court “focused on what I saw during law school: students weren’t seeking help because they thought they wouldn’t be able to practice law,” she wrote.
“I was elected the SBA (student bar association) President in Spring 2020, so I reached out to the SBA presidents at the other Ohio law schools and Northern Kentucky University to create further support for this change,” she wrote, saying that eight other SBA presidents signed on to this letter.
“I’m honored to have been part of the advocacy team leading the way to change. Future and current law students—your #mentalhealth matters. Take care of yourself. You do not need to be in a crisis to get help, “Halffield wrote.
Law students have voiced their support for the removal of the mental health disclosure due to fear that their mental health disclosure could affect their eligibility to practice law.
“I’ve been addressing my mental health ongoing since 2019, and I had so many nerves about disclosing this and my health records to the court. This is heroic advocacy,” Hailey Hillsman said.
“This is both amazing and heartbreaking that this even had to be a thing. I’ve been putting off getting mental health guidance for fear a diagnosis would make me unfit to sit for the Ohio bar,” Tre Hogue, associate attorney at Shumaker, Loop & Kendrick, said.
According to the former president of the American Association on Mental Retardation, Stanley Herr, however, “some bar examiners continue to defend the usefulness of these inquiries arguing that the bar must inquire into an applicant’s mental health in order to protect the public.”
He added that bar examiners argue that only their direct inquiries will expose those applicants who are mentally unfit to practice. The association suggests that regular background investigations, such as references from former employers and other character references, are of limited value because employers or character references may only have superficial contact with the applicant.
According to a 2019 survey conducted by the American Psychological Association, most Americans have a positive outlook on mental health disorders and treatment. Eighty-seven percent of American adults agreed that having a mental health disorder is nothing to be ashamed of, and 86 percent said they believe people with mental health disorders can get better.
Due to the demanding hours and stressful work environments, many law firms often have detrimental effects on legal professionals, who struggle to balance severe stress and self-care. Mental health issues among lawyers are notoriously prevalent, as are substance abuse and addiction.
According to a 2020 survey by Clio, practicing attorneys in the last year exhibited mental health problems, with 28 percent of lawyers suffering from depression, 19percent from severe anxiety, and 11 percent from suicidal thoughts.
According to the American Bar Association, they hope that the removal of this disclosure will help more lawyers in need to seek professional help and treatment.
The rule amendments approved by the Ohio Supreme Court have also expanded the list of personal characteristics that the bar association cannot consider to include gender, sexual orientation, “gender identity” and expression, and marital status. These personal characteristics join other distinctions such as race, religion, national origin, and disability.
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Hannah Poling is a lead reporter at The Ohio Star and The Star News Network. Follow Hannah on Twitter @HannahPoling1. Email tips to [email protected].
Photo “Man on Laptop with Gavel” by Sora Shimazaki.
