Neurodiversity: Why great minds (don’t) think alike

Bhupinder Randhawa of Bereskin & Parr, who was diagnosed with attention deficit hyperactivity disorder at 45, shares his experience as a neurodiverse lawyer.

Individuals who think differently can enhance productivity and profitability for firms, as one lawyer who is proud of his own neurodiversity tells WIPR.

Diagnosed with attention deficit hyperactivity disorder (ADHD) aged 45, Bhupinder Randhawa, partner at Canadian firm Bereskin & Parr, now firmly believes that a divergent mindset can have its advantages—but he is frank about the challenges  presented by his condition.

"I was diagnosed with ADHD when I was around 45 years old,” he explains. "From my earliest memories, I have definitely been dealing with ADHD issues, leading to an ability to work very intensively at times, and then an inability to focus.”

While he was able to deliver a relatively high level of productivity, especially as a junior lawyer, he wanted to address his less productive periods—leading to his ADHD diagnosis.

As a neurodiverse lawyer, the high volume and variety of tasks can be overwhelming.

“Depending on the day, I can work on one thing all day, which is great for focus. But when you're doing patent prosecution or trademark prosecution work, all of those [sudden] switches have a huge cost [on wellbeing],” he says.

The diagnosis validated Randhawa’s concerns but, more importantly, allowed him to understand how to cope with his neurodiversity at work.

Neurodiversity is a concept that recognises and values differences, often associated with neurological conditions such as autism, ADHD, and dyslexia, while the term more broadly covers the different ways in which people experience and engage with the world.

Unpacking coping mechanisms

Before his diagnosis, Randhawa would frequently be at the office before 5am in the morning, and would have completed a day's work by the time the place became noisy and full of people.

“I thought that was just the way I was naturally wired but, to be honest, it's not. My daily work pattern during the COVID-19 pandemic has shown me that I do not naturally get up at 3am in the morning—I get up at 6 or 7am, like many other people.”

The early start was a coping mechanism that Randhawa now realises was “very unhealthy”.

“It was actually very detrimental for my health but from a work perspective, it was a coping mechanism. Such behaviour gets compliments from the legal community—that intensity of having a day's work done by 10am and then doing yet more work.”

However, he believes that such behaviour creates a “vicious cycle” in which you're being lauded for actions that are “a bit self destructive.”

Some coping mechanisms Randhawa has now adopted include setting up his work space, in the office and at home, in a way that is designed to minimise distractions.

"My desk faces a wall, even in my office at Bereskin & Parr. The wall is a medium grey colour and has nothing on it, presenting no distractions."

Then there are the substantial distractions posed by technology and constant notifications from email and messaging platforms like Microsoft Teams.

“Individuals with ADHD or autism may find it difficult to focus in environments with many visual or audible distractions,” he says.

To manage his distractions, Randhawa made the decision to turn off email notifications and streamline his workspace to minimise visual clutter.

"The reaction to the notifications and the distraction or to an email popping up could then create a long delay before I would be able to return to my task," Randhawa explains.

So how can firms and organisations help? By providing a less distracting workspace, for example neutral colours and uncluttered walls, firms can help their neurodiverse members focus on their work, suggests Randhawa.

A cost-effective approach to reducing workplace distractions include the provision of noise-cancelling headphones, adjusting overhead lighting for neurodiverse individuals, offering ‘controllable task’ lighting focused on work surfaces, and exploring workspace layouts, paint colours, decorations, and lighting preferences with employees.

Working with technology, not against it

Randhawa notes the pressure for lawyers to adapt to technological advancements, especially with the growing influence of artificial intelligence (AI)

“We do get a lot of questions about AI and AI tools, more from the patent practice perspective.”

However, while there is pressure to use these tools, they can also be helpful to neurodiverse individuals.

For example generative AI tools such as ChatGPT can assist in finding a starting point before a looming deadline.

“I wouldn't necessarily use the output for anything final or even as a draft, but it's not a bad way of using the tool as a writing prompt,” says Randhawa.

Additionally, an individual with ADHD may benefit from a web browser add-in that limits access to social media, news and other distracting websites, suggests Randhawa.

He emphasises the importance of understanding individual needs when it comes to technology and implementing solutions to mitigate these challenges.

"A lot of it has to do with the user interfaces, and making sure they are readily understandable. The tools should explain what they're doing as they go, so that they don't overwhelm people,” he adds.

"Sometimes you present something that feels as though it should be easy to use, and another person struggles to use it," he says.

These challenges can be addressed by good product design and training, Randhawa adds.

With regard to specific technologies and tools that have been helpful for him, Randhawa praises Motion for task organisation and Memtime for docketing, as well as the app, Calm, which provides a soothing soundscape. He has also experimented with headphones that track brainwaves to improve his focus.

Removing ADHD stigma

It is important for Randhawa to be open about his ADHD diagnosis, both within his firm and beyond.

Randhawa sees this transparency as a “chance to pave the way forward for people that are dealing with neurodiversity”.

"There's still a lot of stigma attached to neurodiverse issues,” he notes. “The more we educate people about these kinds of issues, the less the stigma is a factor.”

He highlights the benefits of neurodiverse individuals in the workplace, noting that diverse teams enhance team effectiveness and deliver higher profitability.

"One of the questions I get asked all the time is why should firms care about this," he says.

"Neurodiverse people do bring a lot to the table. When I'm focused, I can do a lot of very, very high-quality work. Neurodiverse people often see things from a different perspective that others won't.”

Randhawa’s view on the need for more diverse minds in the workplace is borne out by research. For instance, the Hewlett Packard Enterprise program (designed to access neurodiverse talent) has successfully placed more than 30 participants in software-testing positions at Australia’s Department of Human Services.

Results indicate that the organisation's neurodiverse testing teams are 30% more productive than their non-neurodiverse counterparts.

But while neurodiverse people have a lot to offer, they won't be able to make that contribution if there's not an inclusive culture and an inclusive environment, argues Randhawa.

"If a firm is not making accommodations, then they will not get the benefit of the neurodiverse person,” he concludes.

Recognising neurodiverse individuals

Randhawa advises senior lawyers to “be role models and make the work environment more open, and emphasise the importance of inclusivity and recognition within the workplace—particularly for junior lawyers.

"Talking about your diagnosis and [coping] strategies removes a lot of the stigma and helps junior people dealing with neurodiversity issues," he says.

“Neurodiverse people sometimes are not as good at promoting themselves, and it's important for senior people to help them get there. Ensure that they are included in meetings, opportunities, and that their contributions are recognised."

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