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22 Geo. J. Legal Ethics 299 (2009)
Conditional Admission: A Step in the Right Direction

handle is hein.journals/geojlege22 and id is 299 raw text is: NOTE Conditional Admission: A Step in the Right Direction STEPHANIE LYERLY* For law students who have had mental health or substance abuse issues in the past, or who experience these problems during law school as a result of the intense pressure of the academic environment, the fear of not being admitted to the bar can scare law students into not seeking the help they need because of the duty to disclose such information to the bar. Most state bar applications ask questions pertaining to mental health and substance abuse, and an applicant's answer in the affirmative can and often does result in required disclosure of the circumstances, the doctors that have treated the student, the diagnosis, an in-person interview conducted by a panel of the character and fitness board, and a severe intrusion into the privacy of the applicant. On the other hand, if the applicant denies the history and the bar finds out, the applicant can be denied admission to the bar or disbarred after admission due to the dishonesty. This creates a difficult dilemma, and those students who need treatment may choose not to seek it to avoid having to make this thorny choice. State bars have the duty to protect the public and the image of the legal profession.1 The character and fitness evaluation on the bar application is meant to help determine those applicants that are fit to practice law, and to exclude those applicants that have the potential to hurt their clients and the public at large. Supporters of mental health and substance abuse questions on bar applications argue that state bars have the duty to deny applicants who are unfit to practice law. Opponents of the questions say they do not necessarily identify those unfit to practice and, further, that the questions are a violation of the Americans with Disability Act (ADA). Most states have narrowed the scope of the questions over time, but still consider the narrowed questions an important factor in bar admissions. * Associate, Schulte Roth & Zabel LLP. J.D., Georgetown University Law Center (2008); B.B.A., The George Washington University (2000). The author wishes to thank Michael S. Frisch, professor at Georgetown University Law Center, for his assistance. 1. Jennifer C. Clarke, Conditional Admission of Applicants to the Bar: Protecting Public and Private Interests, 64 B. ExAM1NE 53, 54 (1995).

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