Eliminating Bias Toward Neurodivergent Individuals in Legal Practice

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Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Ethics and Specialty Credits
- event Date
Thursday, September 18, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE webinar will discuss the meaning of neurodiversity, the ethical and systemic implications of how neurodiverse individuals participate within the legal education system and profession, and best practices for individuals and entities when working with neurodiverse students and colleagues.
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 legal education system and profession attract neurodivergent talent but can do better in supporting the progress of this talent 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 challenges law students and attorneys. Ironically, positive messaging about neurodiversity emphasizes strengths like attention to detail or hyper-focus but minimizes other challenges.
Listen as our expert panel addresses how to recognize and disrupt neurodivergent biases, increase our understanding of neurodiversity, and apply inclusive practices during legal education and practice. Explore accommodations, communications, and other best practices in this area.
Outline
I. Introduction to neurodiversity and bias
A. Defining neurodiversity: including ADHD, autism spectrum, dyslexia, OCD, Tourette's, and others
B. Implicit, structural, and cultural biases toward neurodivergent persons
II. Bias in legal settings
A. Law school admissions and academic success
B. Bar exam and fitness for practice
C. Hiring, onboarding, and accommodations / adjustments
D. Leveraging abilities for retention and advancement
III. Legal and ethical framework
A. MRPC 1.1 (competence), 1.4 (communication), 8.4(g) (bias)
B. ADA, Rehabilitation Act of 1973, and applicable state and local laws
C. Limitations on requiring disclosure and self-disclosure options
IV. Tools to eliminate bias
A. Proactive vs. reactive
B. Adapting communications
C. Support, including but not only through accommodations / adjustments
D. Recruitment and retention, including possibly through neurodiversity-focused initiatives
E. Accessibility
V. Reducing stigma, recognizing intersectionality with race, gender, and class
VII. Conclusion and resources with Q&A
Benefits
The panel will review these and other important issues:
- Understanding neurodiversity and its attributes
- Recognizing the subtle and overt ways in which bias impacts hiring, training, and advancement
- Applying inclusive practices during law school and in legal practice
- Identifying accommodations and structural reforms to enhance neurodivergent inclusivity
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