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Course Details

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

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