The Law Society of BC is no longer going to be asking applicants about their “mental fitness”.

Acumen Law’s Kyla Lee applauds the move saying these questions are unnecessary. “We have a process already designed to identify people who aren’t capable of being lawyers, that’s why we have articling. People who want to be lawyers have to work under the direct supervision of another lawyer for at least one year before they can be called and admitted to the bar. And that lawyer has to sign off on their fitness to practice law.”

“So if somebody has a mental health condition that is going to prevent them from adequately practicing law, that’s going to be identified in that one year period. Asking someone about their history and something they may have gone through and may have overcome completely, only exposes them to providing information that is totally invasive and personal.”

Lee says there is likely many stories where people were denied opportunities as a result of answers to questions like have you ever had a substance abuse issue.

“We have a much better understanding of mental health as a society than the Law Society generally has had over the last 50 years and asking questions of people about whether they have mental conditions and prying into those really personal spaces in people’s lives when there is no evidence that it will impact someone’s ability to practice law is absolutely inappropriate.”

The Law Society of BC voted to adopt the change last month. It was one of the recommendation made by the legal regulator’s mental health task force.