Disability and discrimination

Solicitors are aware of the need to avoid discrimination, but what does that amount to in day-to-day practice? The Law Society's model policy requires dealings with all persons to be 'with individual attention, courtesy and consideration regardless of race, age, colour, ethnicity, nationality, sex, disability or sexual orientation'. But adopting that model as part of the office manual is only the start.


When dealing with disability, the first issue is to recognise what is a disability, and having done so, to respond appropriately. Such issues as deafness and blindness can present real difficulties in communication, which need to be handled carefully and compassionately. The most important thing is not to make assumptions about what people can or cannot do but to find out discreetly and sensitively what they need and how they would like to be dealt with.


In a recent case before a Law Society adjudicator, the complaint, by a deaf client who could, however, lip-read very well, was that the solicitor, despite knowing that she wished to participate in all discussions regarding her case, persisted in addressing his remarks to her companion during an important meeting about her matter. This deprived her of her right and the opportunity of considering his advice first hand and contributing fully to the discussion.


This was a case where the solicitor, being aware of the client's deafness, had gone to great lengths in other ways to accommodate her needs, for example, by ensuring that wherever possible communication was conducted in written rather than verbal form. Other difficulties arose in relation to the instructions being given by the client, which led to the termination of the retainer. The client subsequently complained not only about the quality of the service provided but also that the solicitor had discriminated against her on the basis of her disability.


After careful consideration, the adjudicator found that there was no evidence that the solicitor had discriminated against the client. The ruling was upheld on appeal by the adjudication panel. However, a difficult situation had been made more difficult for both the solicitor and the client because the client had perceived that she had received poor service because of her disability.


This situation could have been avoided if the solicitor had recognised that although the client had impaired hearing, it did not mean that she was unable or unfit to give instructions or engage fully in discussion about her case.


Discrimination is not just about refusing people jobs or failing to treat them equally. It is also about failing to give people an equal opportunity to express themselves properly.


Cases before the adjudication panel are decided on their individual facts. This case study is for illustration only and should not be treated as a precedent