Eliminating Bias Toward Neurodivergent Individuals in Legal Practice

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Ethics
- event Date
Tuesday, August 12, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
60 minutes
-
This 60-minute webinar is eligible in most states for 1.0 CLE credits.
This CLE webinar will address bias against neurodivergent individuals within the justice system. The panel will discuss the meaning of neurodiversity, the ethical and systemic implications of how neurodiverse individuals participate within the legal process, and best practices for individuals and entities when working with neurodiverse clients, colleagues, and justice partners.
Faculty

Mr. Gesinsky represents employers before state and federal courts, administrative agencies, arbitrators, mediators, and other tribunals regarding all legal issues relating to the workplace, including wage and hour collective and class actions, discrimination, harassment, wrongful discharge, breach of contract, noncompete, and other restrictive covenants and trade secrets. He also counsels employers, negotiates agreements, and conducts investigations regarding these issues, with particular attention on strategies to avoid litigation. Additionally, Mr. Gesinsky participated actively in the United States Chamber of Commerce task force that developed comments on the United States Department of Labor’s proposed regulatory changes to the FLSA’s white-collar exemptions. He has more than 25 years of experience working as a labor and employment attorney. Mr. Gesinsky developed an especially broad foundation for his representation of employers by previously practicing plaintiff's employment law and commercial litigation. He has successfully tried, arbitrated, mediated, and otherwise advocated in numerous matters involving multiple and single plaintiffs. Mr. Gesinsky's advocacy abilities in the courtroom, as well as his negotiating and public speaking abilities, have been enriched by his considerable training and experience as an actor.
Description
In a recent survey, 25 percent of law students identified as neurodivergent, compared to eight percent of attorneys in the same study. ABA and NDLPA show only five percent of lawyers profess to have a disability. A UK study showed that in the legal profession, nearly half of the individuals acknowledging neurodiversity reported disability-related discrimination during their training and education. The justice system attracts neurodivergent talent but seemingly fails to support progress towards professional success.
Traditional hiring tools, emphasis on "cultural fit," and normative performance measurements disfavor neurodivergent candidates. A broad lack of understanding, accommodation, and accessibility towards the neurodivergent in firms, courts, and public forums challenges both practitioners and participants in the justice system. Ironically, positive messaging about neurodiversity emphasizes strengths like attention to detail or hyper-focus, but minimizes other challenges, reducing diversity to optics.
Listen as our expert panel addresses how to recognize and disrupt neurodivergent biases, increase our understanding of neurodiversity, and apply inclusive practices during all aspects of representation and interaction. Explore accommodations, communications, and best practices in fostering inclusivity for neurodiversity within the justice system.
Outline
I. Introduction to neurodiversity and bias
A. Defining neurodiversity: including ADHD, autism spectrum, dyslexia, OCD, Tourette's, and others
B. Legal and ethical relevance: ADA, MRPC 1.1 (competence), 1.4 (communication), 8.4(g) (bias)
C. Implicit, structural, and cultural biases toward neurodivergent persons
II. Bias in legal settings
A. Within the legal profession: hiring, onboarding, accommodation, retention, advancement
1. Client intake and representation: interpreting communication and behavior
2. Litigation, proceedings, and appearances: understanding demeanor, effect on credibility
3. Family law and custody: parenting capacity or child behavior contexts
4. Trusts and estate planning: Misinterpreting capacity and communication
III. Tools to eliminate bias
A. Adapting communications
B. Accommodation
C. Accessibility
D. Reducing stigma, recognizing intersectionality with race, gender, and class
IV. Conclusion and resources
Benefits
The panel will review these and other important issues:
- Recognizing and disrupting bias against neurodivergent persons
- Applying inclusive practices during all aspects of representation and interaction
- Identifying accommodations and structural reforms to enhance access to justice
- Communicating respectfully and effectively with neurodivergent clients and colleagues
- Understand neurodiversity and its attributes
- Recognize the subtle and overt ways in which bias impacts hiring, training, and advancement
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