The Road Back: How should conditional bar admissions be handled?
The ABA House of Delegates agreed to adopt a new model rule related to the character and fitness portion of the bar admissions process. (Image from Shutterstock)
The ABA House of Delegates on Monday at the 2025 ABA Midyear Meeting in Phoenix overwhelmingly agreed to adopt a new model rule on conditional admission to the practice of law that focuses on conduct instead of mental health-related diagnoses. The rule pertains to the character and fitness portion of the bar admissions process.
The prior model rule, adopted in 2008, focused on individuals who had experienced chemical dependency or mental health conditions. The rule allowed for conditional admission to applicants who could demonstrate recent rehabilitation from chemical dependency or successful treatment for mental illness.
The new ABA Model Rule on Conditional Admission to the Practice of Law focuses on conduct. If applicants have recently engaged in conduct that would make them unfit to practice law if it were to recur, but then provided sufficient evidence that they’ve been through a successful rehabilitation, a conditional acceptance would be allowed. “Recent” means conduct in the past five years, according to the report accompanying the resolution.
“Given the widespread and well-documented concerns about anxiety and other mental health concerns in the legal profession and in law schools, it is clear that this is a pressing issue,” the report states.
Resolution 608 urges state, tribal and territorial bar admission authorities to adopt and enforce the new model rule to “ensure the integrity of the admission process.” The resolution is advisory only. Bar admission authorities in individual states must adopt the model rule for it to take effect.
Follow along with the ABA Journal’s coverage of the 2025 ABA Midyear Meeting here.
The new model rule “protects law students and bar applicants from discrimination based solely on diagnoses and treatment,” said Hon. Juliet Britton, an Oregon State Bar Association delegate.
The report accompanying the resolution notes that an admissions authority “may recommend” that an applicant’s admission be based on compliance with conditions, such as participation in a lawyer assistance program, debt management counseling or random chemical screening. Conditions should be “narrowly tailored,” the report states.
“The ABA House of Delegates has already taken significant strides towards supporting law student and lawyer well-being, and this is another critical step in reforming our regulatory structure consistent with the guidelines in the Americans with Disabilities Act,” Janet Stearns, chair of the Law School Committee of the ABA Commission on Lawyer Assistance Programs, said in a statement.
In August 2014, the Louisiana Supreme Court settled a U.S. Department of Justice probe over claims that mental health questions as part of the admissions process for the Louisiana State Bar could violate the Americans with Disabilities Act. The questions at issue focused on mental health diagnoses and treatment. The Justice Department said earlier that year in a letter to the Louisiana Supreme Court that asking would-be lawyers questions about their mental health, including their history of diagnosis and treatment, could violate the ADA.
Resolution 608 was sponsored by the ABA Commission on Lawyer Assistance Programs, the Section of Legal Education and Admissions to the Bar, the Standing Committee on Professional Regulation, the Commission on Disability Rights, the Section of Civil Rights and Social Justice, and the New York City Bar Association.
Write a letter to the editor, share a story tip or update, or report an error.
