Disability inclusion in law firms

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Law firms have made great strides in making diversity a priority, with significant improvements in representation of non-white, female, and LGBTQ+ persons. One area where there is room for significant improvement is disability diversity.

The need for greater disability inclusion is not limited to law firms but is found in all forms of employment. A 2020 publication by Accenture found that while 15% of the world’s population is disabled, up to 80% of disabled people are not employed worldwide. In the United States, just 31% of disabled people are employed compared with 75% of able-bodied people.

“This low representation in the workforce is not for lack of desire, but of opportunity,” the report said.

The publication also noted that the COVID-19 pandemic exacerbated the employment gap: “While the pandemic has shown us that remote working and reasonable accommodations at scale are possible, that hasn’t been the case for persons with disabilities whose economic and employment prospects have worsened.”

The need for disability inclusion in the legal field is illustrated in the National Association for Law Placement’s 2021 Report on Diversity, published in January 2022. It reported that the number of lawyers with disabilities has increased over the past two years. However, it noted that representation remains limited: Disabled attorneys account for just 1.22% of all lawyers. Research from graduating law school classes from 2020 estimates that 4.5% of graduates self-identified as having a disability. The NALP affirmed that, although there are increases that may be cause for optimism, it is difficult to speculate about the future impact on the profession.

In Minnesota, Greenberg Traurig associate Ann Motl is a leading advocate for improved disability inclusion in the legal profession. Motl is a registered patent attorney, graduating with a degree in mechanical engineering from University of St. Thomas and then attending law school at the University of Minnesota. Motl’s practice focuses on representing medical device manufacturers in product liability and other matters.

Motl is a medical device user and a former engineer, and she is able to leverage her experience to help her clients solve legal issues, leading to the development of innovative projects that have benefited her and others with health conditions.

Motl is responsible for organizing the Minnesota Association of Legal Professionals with Disabilities (official name in progress). The group is just the second state disability bar affinity group in the country. It currently has 30 members.

“Although we are still in the formation process, being a part of this group has fulfilled a need I have longed for,” Motl said. “I have met so many more attorneys with disabilities, and even learned some attorneys I already knew are living with disabilities. We hope that our group will successfully advocate for disability and intersectionality in the wave of [diversity, equity and inclusion] efforts. If you would like to join our group as a disabled professional or ally, please reach out.”

Although Motl acknowledges that her disability has added challenges when it has come to her career, she says that it has benefited her practice. “From an early age, I had to learn to advocate for myself to receive the same opportunities as my peers. I now channel that energy into representing my clients in legal matters,” Motl said.

Some of those challenges have emerged when trying to seek accommodations. Able-bodied people often do not understand that there even are barriers in physical spaces or practices, such as in offices, courtrooms, or in judicial procedure.

“Asking for accommodations can be a tricky and nerve-wracking experience,” Motl said.  “Some accommodations I have received include voice recognition software for typing, a ramp to access the judicial clerk bench, and automatic door openers. I can attest that many of my co-workers are grateful for the door openers as well!”

Challenges are present not just for practicing attorneys but also for law students. While law students can request accommodations when sitting for the bar exam, that process can be lengthy, as it requires documentation from physicians. Motl encourages prospective disabled attorneys to “[r]esearch, network, and continue to advocate for yourself.” She hopes that her group will help disabled lawyers but also those just starting out in the profession.

One of the things that Motl says she will develop is a mentorship program, which will offer informal resources and networking opportunities. “[O]ur goal is to show the legal community there are successful professionals with disabilities and provide examples for future generations.”

The ABA has promoted disability diversity in all aspects of the legal community through its one-page pledge: “Disability Diversity in the Legal Profession:  A Pledge for Change.” The pledge recognizes that diversity is in the best interest of the profession and affirms the signatory’s commitment to disability diversity. The pledge emerged in 2009 from the Second ABA National Conference on the Employment of Lawyers with Disabilities. It was created specifically as a response to the dearth of disabled lawyers in the profession. Greenberg Traurig is one of the signatories. The whole list of signatories is available at the ABA website. So far, however, just 39 firms in the AmLaw 100 list have signed on.

Motl said, “Although it is 2022 when the Americans with Disabilities Act was passed 32 years ago, disability still carries a stigma. Fortunately, companies and society are finally recognizing disability as a type of diversity.”