Archive for category International
California Bar Journal
Posted by Rob in International on October 12, 2004
Our colleague from across the pond,
Matthew Medhi Rafat, has had a letter published in the California Bar Journal, highlighting the fact that disabled attorneys are excluded from the profession on the basis that they are not “economically viable” for many firms. Letters to the Editor can be read here. The letter was sent to the Editor in response to a letter written by William F. Crowell, which can be viewed here, who suggests that all disabled people want to claim benefits and simultaneously claim that they are able to work. Matthew’s was one of two attorneys to reply (the other was by Christine M. Dabrowski. This was Matthew’s letter.
If William Crowell?s beliefs are a common misconception, it shows the compelling need for State Bar involvement on behalf of disabled attorneys. The typical attorney who practices law takes the most common tasks for granted ? being able to talk to clients over the phone, research cases, walk to the library or court, and hear the judge and opposing counsel while there. Because most law firms are set up so that time must be spent as efficiently as possible, disabled attorneys are often at a tremendous disadvantage their first few years in practice. New equipment may need to be set up, a CRC 989.3 form may need to be approved, and so on; law firms don?t want to deal with this extra work.
Moreover, the billable-hour and efficiency dynamic causes most non-top-10 percent disabled attorneys who graduate from school to enter solo practice or part-time work to learn the law because many firms refuse to hire disabled attorneys, knowing of the additional ?start-up costs.? Indeed, even small law firms expect lawyers to hit the ground running, meaning that a new attorney may need to learn the law on his/her own. This problem may be true for all lawyers, but it hits disabled lawyers hard, forcing many of them into solo practice from Day 1, rather than after a few years of experience (and client interaction).
If we intend the American legal profession to be something other than a gift from affluent or well-connected parents to their children, we need to explore ways to educate all new attorneys effectively, including free MCLE, effective mentoring programs, an ethics opinion mandating communication by e-mail rather than phone if one attorney is hearing-impaired, and law schools that teach the practice of law.
Matthew Mehdi Rafat
Campbell
Matthew has hit it right on the nail. What is happening in the USA applies equally in the UK. The UK law profession has not yet seen the value of recruiting disabled lawyers in their ranks.
Perhaps Deaf Lawyers UK should start a national campaign? Other bodies such as the Group for Solicitors for Disabilities don’t seem to be doing much.
Access to Law Society of Upper Canada
Posted by Alison in International on September 23, 2004
The Law Society of Upper Canada is doing research into access to the profession and disability. There was a call on Surduslaw earlier for Deaf lawyers to contribute to this research, and from an international perspective, I hope this happens. Any research relating to access to the profession is valuable, and comparative approaches can be drawn upon internationally.
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