Law Students Should Not Be Afraid to Get the Help They Need

The Texas Board of Law Examiners (BLE) investigates applicants seeking admission to the Texas Bar to determine whether they have the requisite present good moral character and fitness to practice law. The investigations are thorough: BLE staff runs fingerprints, reaches out to past employers, investigates taxes and debt, and delves deeper into instances of behavior that suggest applicants may have character traits that could make them likely to injure a client, obstruct the administration of justice, or violate the Texas Disciplinary Rules of Professional Conduct. To aid these investigations, staff previously asked applicants broad questions about their mental health history, use of illegal substances, and misuse of legal substances.

The BLE also conducts annual visits to each Texas law school and makes in-person presentations to first-year law students to explain the investigation process and that applicants cannot become licensed in Texas if they do not possess the required good moral character and fitness. As part of that presentation, the BLE explains to law students that simply being diagnosed with, or seeking treatment for, mental health or substance use issues is not a barrier to being licensed. A representative from the Texas Lawyers’ Assistance Program (TLAP) also speaks at these presentations, and students are encouraged to seek help for these issues as needed, from TLAP or elsewhere.

Unfortunately, some law students believed that seeking help for depression, anxiety, other mental health issues, or substance use issues would call into question their fitness to practice law, and they prepared for entry into the profession without the benefit of professional mental health services. As TLAP Director Erica Grigg notes: “Law students are fearful that if they reveal a mental health diagnosis or get help for a mental health issue this will be a barrier to bar admission. A consequence of this fear is that law students are not getting the help they need.”

At its June 17, 2022, board meeting, the BLE unanimously voted to discontinue inquiring about applicants’ diagnoses of, or treatment for, certain mental health conditions or substance use as part of its character and fitness investigation. The BLE determined that removing the questions would avoid any misunderstanding or confusion about the purpose of the investigation. The BLE also concluded that removing these questions would not interfere with the BLE’s ability to fully investigate an applicant’s background or to make the required character and fitness assessment. More importantly, the BLE wants to encourage applicants to seek appropriate help for mental health challenges when necessary.

As Grigg says: “Removing questions about mental health and substance use history alleviates the concern of students who need help, encouraging them to engage in the mental health services from which they, and subsequently the health of our profession, will benefit.”

Augustin “Augie” Rivera, Jr. was appointed by the Supreme Court of Texas to the Board of Law Examiners in 2011 and elected as vice chair in 2017. Augie practiced for over 25 years serving as a litigation and insurance defense attorney throughout South Texas. He currently serves as general counsel for the Del Mar College District.

Nahdiah Hoang joined the Board of Law Examiners staff as its director of eligibility and examination in 2014 and now serves as executive director. Before that, Nahdiah worked as an attorney for the Texas Commission on Judicial Conduct and the Texas Secretary of State.

By Xperanza uviedo