Lessons for Lawyers: Accommodating Clients With Disabilities
| Jurisdiction | United States,Federal |
| Author | By Michelle Uzeta |
| Publication year | 2021 |
| Citation | Vol. 27 No. 2 |
By Michelle Uzeta
Michelle Uzeta is a solo practitioner based in the San Gabriel Valley. Her statewide practice focuses on civil rights and fair housing law. Michelle currently sits on the Board of Directors of the Disability Rights Bar Association and on the litigation committee of the Civil Rights Education and Enforcement Center. She can be reached at: michelle@uzetalaw.com.
The Americans with Disabilities Act ("ADA") is a civil rights statute, enacted in 1990, that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public.1 Law offices, regardless of size, are subject Title III of the ADA, which prohibits discrimination by places of public accommodation.2
Under Title III, law firms are required to, among other things (1) ensure the physical accessibility of their facilities; (2) furnish appropriate auxiliary aids and services where necessary to ensure effective communication; and (3) make reasonable modifications in policies, practices and procedures where necessary to equal access to individuals with disabilities.3
This article provides an overview of law offices' obligations to clients with various categories of disability, and best practices for accommodating those clients.
Individuals with mobility disabilities, and particularly those who use mobility aids such as wheelchairs or walkers, may be unable to independently access and use law offices that do not comply with the scoping and technical requirements of the ADA Standards for Accessible Design (ADA Standards).4 Full compliance with the ADA Standards is required for law offices designed or constructed for first occupancy after January 26, 1993 or altered after January 26, 1992.5 For law offices constructed prior to January 26, 1993 that have not been altered, Title III provides that architectural barriers be removed where "readily achievable"—in other words, where easily accomplished and able to be carried out without much difficulty or expense.6
Neither Title III nor its implementing regulations define with any specificity how much effort or expense is required to meet the readily achievable barrier removal obligation. This determination must be made on a case-by-case basis, taking into consideration such factors as the size, type and overall financial resources of your practice, and the nature and cost of the access improvements needed. However, the ADA's regulations for Title III and technical assistance materials published by the Department of Justice ("DOJ") do provide guidance as to types of barrier removal that are considered to be readily achievable, for example: installing ramps; rearranging furniture; installing grab bars in toilet stalls; and creating designated accessible parking spaces.7
Readily achievable barrier removal is an ongoing and affirmative obligation. What is readily achievable will change over time with the economy and your firm's degree of success. Federal tax incentives—both credits and deductions—are also available to help cover costs.8
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When barrier removal is not possible and/or required, alternative means of making goods and services available must be provided.9 For example, if your office is not accessible, and cannot be made accessible through readily achievable barrier removal, you should offer to meet clients with mobility disabilities in an alternate, accessible location. Under no circumstances should you represent your law office to be accessible when it is not.
Communicating with clients, either verbally or in writing, is a core aspect of the practice of law. When a client has a vision and/or hearing disability, communicating effectively can present challenges. The ADA requires that lawyers take the steps necessary to ensure that clients with sensory/communication disabilities are not excluded, denied services or otherwise treated differently because of the absence of auxiliary aids and services, unless they can demonstrate that taking those steps will fundamentally alter the nature of their goods and services or result in an undue burden, i.e., significant difficulty or expense.10
"Auxiliary aids and services" includes things like:
- American Sign Language ("ASL") interpreters, video remote interpreting (VRI) services, notetakers, Communication Access Real-time Translation ("CART"), and the exchange of written notes for people who are deaf or hard-of-hearing, and
- qualified readers, audio recordings, and Brailled and large print materials for people who are blind or have low vision.11
The type of auxiliary aid or service that is required to ensure effective communication will vary in accordance with the method of communication used by your client; the nature, length, and complexity of the communication involved, and the context in which the communication is taking place.12 For example, it may be sufficient to exchange written notes with a deaf client to advise them of a meeting date or time, but insufficient to discuss settlement offers or prepare for a deposition or trial.
In determining the specific auxiliary aid or service to be provided to a client, keep in mind that...
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