Mental disabilities tend to be defined in opposition to a desired characteristic or set of characteristics as perceived deficiencies in what is considered valuable or necessary life skills. In contrast with physical disabilities, mental disabilities are typically invisible to the naked eye. Sometimes, physical and mental disabilities travel together. Regardless of the category of disability a person has, they are likely to experience bias and discrimination throughout their lives.
But what if some conditions defined as mental disabilities merely manifest the natural diversity of neurological processing within the population of human beings? What if certain conditions aren't indicative of mental defects but instead are just alternate ways of processing sensory input?
Neurodiversity is an umbrella term under which several constituencies of those labeled or diagnosed with a host of mental conditions previously thought to be some form of defect or illness have rallied to advocate for an alternate view of their respective conditions. These constituencies include those with autism, ADHD, epilepsy, depression, anxiety, and several other conditions. The main thrust of the neurodiversity movement is to encourage people to stop seeing these conditions as necessarily disabling, although in some instances, they can be. Instead, the campaign seeks to define the conditions in terms of the natural diversity of neurological functioning inherent in the broader human population.
Neurodiversity exposes an interesting dynamic that is especially relevant to the practice of law. Inherent in the neurodiversity movement is the concept of assigning diagnostic labels to individuals and treating those individuals consistent with the biases, assumptions and stereotypes that accompany the diagnostic label in our society. The neurodiversity movement asks us to set aside the diagnostic labels and see the individuals for who they are, as people with brain functions and information processing capabilities that are different. Not better. Not worse. Just different.
For lawyers, the importance of neurodiversity lies in understanding and appreciating that diversity in the ability to process information occurs naturally. As lawyers strive to communicate with their clients, parties, jurors, etc., it is incumbent upon the lawyer to recognize that individuals vary in their capacity to understand and process new information or requests. Looking beyond a diagnostic label — if there even is such a label for an individual — to assess what accommodations may make sense for a client to fully participate in a legal matter. Understanding that people vary in their preferred method of taking in information such that the lawyer may incorporate varying communication modes to better convey their message to jurors, opposing counsel and parties.
Lawyers are people too. The population of lawyers is drawn from the general population and should be expected to reflect the neurodiversity of the general population. Whether the population of lawyers truly reflects the neurodiversity found in the general population is still an open question. From our first day of law school, we are encouraged — commanded even — to “think like a lawyer." While learning to do so is challenging for most people, it can be even more difficult for the neurodivergent.
Significant barriers exist for individuals with or without diagnostic labels within the legal industry. Yet individuals with some neurologic conditions have significant strengths that can, and do, enhance their ability to practice law in the right set of circumstances. The first step in eliminating barriers for neurodivergent lawyers is to recognize that they have a contribution to make that will advance the legal profession's delivery of services to the public.
Title:
On Square Pegs and Round Holes: Exploring Neurodiversity in the Legal Profession
Date+Time:
July 20, 2023
noon-1 p.m.
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Speaker:
Bob Schuneman practices consumer bankruptcy with Hogland & Mrozik, PLLC. His prior experience as an attorney includes civil litigation and general practice. Schuneman worked as Outreach Coordinator for Lawyers Concerned for Lawyers from November 2019 to February 2022, a period covering most of the pandemic. In addition to the practice of law, Schuneman's professional experience includes working in executive management with a Minneapolis-based food manufacturing and distribution company, and nearly two decades of teaching adult learners in area colleges and universities.
By:
Dakota County Law Library
More Information And Registration
The goal of this CLE presentation is to discuss bias and where it comes from; why it is harmful; how to detect it and how to eliminate it from our behavior as legal professionals. Practicing law is a bias landmine. From whether we believe a witness or opposing counsel; to how we counsel those in our organization we readily apply judgments to others — coloring our perceptions and thoughts. There is no cure for bias, but you can be more mindful, conscious and monitor your thoughts better. These are the four main questions we will answer in our discussion today: What is bias? What are unconscious and confirmation biases? What are the effects and costs of bias? And, finally how can we avoid bias through thinking about our thinking and implementing best practices?
As a result of attending this course, you will have a better understanding of the following:
