5 Things to Know About Lawyers With Disabilities

lawyers with disabilitiesQuick. Think of diversity in the legal profession. What comes to your mind? Women, racial and ethnic minorities, and LGBTQ people might be your immediate thoughts. You might think of diversity discussions that you’ve had at your law firm, or affinity groups that you have participated in, or bar association meet-ups that highlight the traditional narrative of diversity. The challenge, however, is that more often than not, that traditional narrative of diversity leaves out one very significant group: lawyers with disabilities.

Figuring out how many lawyers with disabilities exist in the United States will always, at best, be a guessing game. The range of disabilities is so broad, and often the stigma attached to self-reporting is so strong, that there are many who might prefer to not openly reveal their disabilities. The most recent NALP Report on Diversity in U.S. Law Firms identified 1/3 of 1 percent of law firm associates and partners as having a disability, a number while low, is much higher than reported in the past. NALP also estimates that between 1 and 2% of law school graduates identify as having disabilities. Both of those numbers need to change. As Harvard Law graduate, Deafblind lawyer, and recently appointed Legal Rebel, Haben Girma stated in a recent ABA Journal article, “When companies increase their hiring of people with disabilities, they benefit from the talents of people with disabilities.”

I reached out to a prominent disability rights advocate for his thoughts on lawyers with disabilities and how legal organizations can improve both education and inclusion. Barry Taylor is the Vice President for Civil Rights and Systemic Litigation at Equip for Equality. As a private non-profit organization providing free legal advocacy services, Equip for Equality advances the civil and human rights of people with disabilities in Illinois. They focus on five areas – special education, discrimination, abuse/neglect, community integration and self-determination. What follows is a lightly-edited version of my conversation with Barry.

1. What do you think are the biggest hurdles facing lawyers with disabilities?

One of the biggest hurdles lawyers with disabilities face is the incorrect perception that you cannot be an effective attorney if you have a disability. Many of our attorneys have visible and invisible disabilities and they are incredibly effective advocates, and for our work, their disability often informs their advocacy and is a basis for developing a trusting relationship with the client. Educating law schools, law firms, opposing counsel, and the judiciary is key for attorneys with disabilities to be treated with respect.

2. Can you give examples of accommodations law firms have provided lawyers with disabilities?

Reasonable accommodations must be based on an individualized assessment and an interactive process. What works for one attorney with a disability, may not work for a different attorney with the same disability. So, communication is a key. For deaf attorneys, accommodations could include providing a sign language attorney or captioning for meetings. For attorneys who are blind or have low vision, accommodations could include providing information in alternate formats like Braille, electronically or in large print. For attorneys who use wheelchairs, accommodations can include ensuring that the workplace and the individual’s work space are both physically accessible. For attorneys with mental illness, accommodations could include providing leave or a modified work schedule to allow attendance at therapy sessions.

3. What advice would you give to a new law student who has a disability on how to navigate the next three years, particularly when he may feel sensitive about disclosing his disability status in the competitive world of law school?

Disclosure of disability is a very personal decision that each person must make. There is still a great deal of stigma in our society about certain disabilities, such as mental illness, and people have the right to keep their disability confidential. The key question is do you need an accommodation to be successful in law school? If so, it’s important to ask for one, typically through the university’s disability services department. Unfortunately, some students wait until things aren’t going well to ask for the accommodation, and that often can be too late. Many law schools have started disability affinity groups that can be a place for support and for building community and awareness.

4. What more would you want law firms and bar associations to do to assist people with disabilities?

A major thing that law firms can do is to include disability as part of its diversity plan, including recruiting new attorneys and supporting existing attorneys. Many law firms have enhanced their diversity for women, racial and ethnic minorities and the LGBT community, but often disability isn’t included in a firm’s diversity efforts. Once disability is included, then the firm needs to make a commitment to provide the accommodations and support for those attorneys to be successful, including putting the cost of accommodations into the firm’s budget. [As for bar associations], many bar associations, including the Chicago Bar Association and the Illinois State Bar Association have designated committees to focus on disability issues. These forums are typically focused on disability law rather than issues facing lawyers with disabilities, so expanding the focus to include programming for attorneys with disabilities would be very helpful.

5. Thank you for speaking with me. Is there anything else you’d like to add?

There are many good resources available on this issue including the EEOC’s publication on reasonable accommodations for lawyers with disabilities, the Job Accommodations Network, and this Burton Blatt Institute Employer Toolkit for including workers with disabilities in the workplace. Finally, in Chicago an Equal Justice Works Fellowship has been established for a new attorney with a disability to do a two-year post graduate fellowship with a legal aid organization. McDermott Will & Emery sponsored the inaugural fellowship and Dentons is sponsoring the current fellowship. The deadline is September 27th. For more info, people can call Equal Justice Works at 202-466-3686.

Thank you, Barry, for speaking with us on lawyers with disabilities. If you have your own experiences or knowledge to share, you are welcome to do so in the comments below. Here’s to the continued evolution of our diverse and inclusive workplace.

Michelle Silverthorn

Michelle Silverthorn

After spending seventeen years living in the Caribbean, Michelle undertook a number of around-the-world detours before ending up at the doorstep of the Commission, including four years as a general litigator in New York and Chicago. She remembers pretty much everyone she’s met in her travels but she would especially like to meet again the passengers on a January 2001 flight from Miami to JFK. At the pilot’s request, they donated enough money for Michelle, who had her wallet stolen, to get back to college safely. She would very much like to tell them all thanks.
Michelle Silverthorn
Michelle Silverthorn

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