Skip to Main Content

Preparing for the Bar Exam

Guide to the Bar Exam
Condition or Impairment (Q31)

This guide has a separate section for this question because it can be a sensitive subject requiring the applicant to provide private information regarding treatment. It may be difficult to make such disclosures, but it is important to provide this information upfront rather than have the bar find out it was not disclosed. 

List of possible conditions/impairments to include:

  • Substance Abuse
  • Mood Disorders
  • Nervous Disorders
  • Physical Impairments

The NCBE notes on this application that "The purpose of this inquiry is to allow jurisdictions to determine the current fitness of an applicant to practice law . . . jurisdictions’ bar admission agencies routinely certify for admission individuals who demonstrate personal responsibility and maturity in dealing with fitness issues. 

On the NCBE/Oklahoma application it will ask if you "currently" have any condition or impairment that affects your ability to practice in a "competent, ethical, and professional manner." In this case they define "currently" as "recent enough that it could reasonably affect your ability to practice law." 

Include an entry for each condition or impairment, if there are more than one. They will ask for current contact information for your treating physician or counselor. If your condition was treated by multiple physicians/doctors, include a separate entry for each.

NOTE: If you are filling out a Character & Fitness form for another state please follow the instructions for that state's application. Some states may ask for more or less information or documentation about conditions and impairments. If you need assistance on what differences there are regarding this question between states, the ABA has an article here

This question provides a section for the applicant to talk about the treatment and actions they have taken to mitigate and/or treat any condition or impairment they might have. This might include, medication, counseling, and/or support groups. Make sure you note these things as they show the Bar that you are currently doing what is needed to responsibly handle any conditions/impairments. 

Defense or Explanation (Q32)

 

This question is kind of a follow up after the question on conditions and impairments. It asks if the applicant has, in the last five years, used any of the listed conditions or impairments as a defense/mitigation/explanation for any of conduct or behavior in any "investigation, or any administrative or judicial proceeding by an educational institution, government agency, professional organization, or licensing authority; or in connection with an employment disciplinary or termination procedure."

This extends the jurisdictional investigation into whether or not the condition or impairment might "currently" affect your ability to competently and professionally practice law.