Disability: the hidden stigma
Would your clients feel awkward if you turned up for a meeting in a wheelchair? That’s the question Husnara Begum was asked when applying for a training contract at a UK law firm.
For Begum, owner of Husnara Begum Consulting and a former lawyer, it was an opportunity to turn the question on its head, and ask the recruiters if they felt awkward with her being in one (the answer was no).
But it’s certainly not the only time someone with a disability—either visible or invisible—has had to deal with uncomfortable questions.
It may come as no surprise then that nearly 40% of lawyers never, or only sometimes, tell their employer or a prospective employer they are disabled.
That’s the conclusion of “Legally Disabled? The career experiences of disabled people working in the legal profession”, a report published in January by Cardiff Business School, which surveyed 288 lawyers (241 solicitors or paralegals and 47 barristers) in the UK.
"You’re in the right profession if you’re an excellent lawyer and— unless you’re a long-distance runner— excellence is not measured in endurance." Francesca Rivers, co-chair of IP Ability
The data suggests that disability as a characteristic has been severely neglected in diversity and inclusion (D&I) initiatives within the legal profession, says Debbie Foster, the professor at Cardiff University who co-authored the research.
“What struck me was the sheer number of diversity initiatives in the legal sector and the significant investment in initiatives, reports, awards, and celebrations. On closer inspection, however, it became apparent that disability was rarely mentioned in these initiatives, even when attention was paid to intersectional inequalities,” says Foster.
She warns that a “hierarchy of diversity priorities” appeared to exist, with gender at the top and disability very much at the bottom.
WIPR’s own survey concluded that 72% of companies with D&I policies covered disability, but just over half of respondents believed their workplaces were disability-friendly.
Foster adds: “It appeared that disabled people were rarely catered for, mentioned or expected. Where they were it was often assumed they would be the client, litigant or defendant—not the advocate or professional advisor.”
The Solicitors Regulation Authority (SRA) of England and Wales has followed suit with its own report, also concluding that there’s a reluctance among disabled legal professionals to inform their employers of their disability.
In the UK, just 3% of solicitors declare they have a disability, a figure almost unchanged in the last ten years. Nearly one-fifth of the UK’s working-age population has a disability, using the Equality Act (2010) definition.
While these statistics focus on the UK, it’s a worldwide issue. Daniel Onwe, lead partner at Daniel & Sophina and president of the Association of Lawyers with Disabilities in Nigeria, believes that the legal profession is still too relaxed when it comes to disability awareness.
“There is just no consideration for people with disabilities,” he says. But the association is helping to challenge the status quo, albeit very gradually, through its advocacy efforts for an accessible and inclusive justice system.
Onwe adds: “Ignorance and wrong assumptions still underline the treatment given to those with disabilities in the legal profession.”
Bordering on bravado
For those in law, it’s not common to encounter colleagues with visible disabilities or to talk openly about invisible disabilities, says Francesca Rivers, solicitor at Cancer Research Technology and co-chair of IP Ability, IP Inclusive’s community for disabled people, carers and their allies.
“Perhaps this is true to some extent of all professions, due to the barriers posed by being disabled or a carer. I suspect it is particularly a problem in the legal profession as a result of the demanding—often unreasonably so—nature of the profession,” she adds.
"Because of this cultural mindset, firms focus on hours worked rather than productivity." Husnara Begum,Husnara Begum Consulting
IP lawyers, particularly litigators, can expect frequently to work gruelling hours with few breaks and some physically demanding tasks.
“In my view, there is a pervading attitude of ‘toughness’—bordering on bravado—within the legal profession generally,” says Rivers.
“A lot of solicitors believe you should simply be robust enough to withstand those working conditions, and if you can’t then you’re in the wrong profession—which is of course utter nonsense. You’re in the right profession if you’re an excellent lawyer and—unless you’re a long-distance runner—excellence is not measured in endurance.”
It’s precisely this attitude to robustness that can stop people feeling enabled to speak up.
“Many employers and colleagues just assume that people with disabilities cannot cope,” Onwe adds.
And, a culture of ‘presenteeism’, which isn’t reserved for law firms, means that being physically present is equated with commitment. This can be very onerous.
“Because of this cultural mindset, firms focus on hours worked rather than productivity, which can disadvantage those with disabilities,” warns Begum.
Perhaps the COVID-19 pandemic will put this in perspective, providing some hope that productivity can win out over presence and normalise flexible working.
