Supporting Neurodivergent Lawyers for a Better Legal Profession

Many lawyers are navigating whether or how to speak with their employers about their neurodivergence. As a recent BarTalk article noted, approximately 20% of adults are neurodivergent and 12.5% of lawyers (in the United States) have ADHD.

While more neurodivergent lawyers grapple with informing their employers about their neurodivergence, the legal profession remains slow to adapt to the changes necessary for neurodivergent people to work, thrive, and contribute their unique talents.

There are practical ways that legal employers can accommodate neurodivergent lawyers and enhance the value of these lawyers’ contributions to employers’ operations, to the legal profession, and to our communities.

Recognize the Diversity Amongst Neurodivergent People

“Neurodivergence” often refers to autism and ADHD, but it can also include other neurological and psychological differences. While autism and ADHD manifest differently, many people who have autism also have ADHD and vice versa. And there is significant diversity in how these neurotypes manifest. The understanding of autism as a spectrum is not that it is a condition that ranges from mild to severe, but that different people on the spectrum face different challenges than others on the spectrum in different areas such as sensory processing, communication, and so on. There is also significant variation in how ADHD manifests.

Many of these differences are also shaped by intersecting parts of our identities. Women, non-binary people, and racialized people are diagnosed for autism and ADHD at much lower rates during childhood, often only learning about this aspect of themselves in adulthood and without adequate support.

This can be a really difficult experience to go through as they work to become successful lawyers and make a difference in our communities. This process can be made much easier and better for all if legal employers understand that many members of our profession are neurodivergent and either do not know it or do not feel safe to come out at work.

Feeling like it is not safe to disclose who you are in the place you spend so much of your time and energy is an impossible situation for many neurodivergent lawyers. Feeling safe, on the other hand, is the precondition for flourishing and excellence.

Making it Safe to Disclose, Share & Address Needs

While there is no one-size-fits-all way to accommodate neurodivergent lawyers, the first step is identifying barriers to disclosure and taking steps to remove them. Establishing and clearly communicating an accommodations process signal to neurodivergent lawyers that your organization is a safe place for them to contribute and thrive.

Different neurodivergent lawyers will have different needs. Some will want to wear noise cancelling headphones to focus and limit overstimulation. Others will find them unbearable and will simply need a quiet workspace on their own. Some may need adjustments to or flexibility in their working hours or location. Some may need to change the set-up of their offices to limit overstimulation—this may mean changing the lighting or the orientation of their desk. Some may have sensory sensitivities to the expected legal uniform and may need to dress more comfortably where possible.

Many neurodivergent people communicate differently. Some may have delayed processing and need time to understand and respond to things. They may prefer written communication, particularly for the assignment of work. Others may be wired to be literal thinkers and miss implicit cues. They may appreciate clear communication and communicate directly without flourish. Take care not to read disrespect into their direct communication.

Anxiety is common amongst neurodivergent people and is compounded by concerns about whether they are safe to disclose and ask for help. Understanding that this is often unseen beneath the surface is an important step in supporting neurodivergent lawyers. It is also important to understand that they may also experience debilitating overwhelm at times and need to disengage or leave the office immediately.

Many neurodivergent people are bottom-up thinkers who are thorough by nature. While this may look like more time up-front on a file, it enables them to advocate effectively throughout the course of a file and on related files. In some cases, adjustments should be made to how a neurodivergent lawyer’s time on a file is recorded. This and other neurodivergent characteristics and needs may also require legal employers to consider adjustments to how they assign work, including, to the extent possible, factoring in the time that a neurodivergent lawyer may need to do the work and considering what work best aligns with their strengths.

These considerations are by no means exhaustive. They are just a starting point.

Predictability is a Must

Unpredictable schedules and shifting expectations can be overwhelming and exhausting for neurodivergent people, though they can benefit greatly from flexibility when they may need it. Meeting schedules and agendas should be shared in advance. Neurodivergent lawyers may need to plan recovery time after a meeting or may be thrown into anxiety if they are not able to plan for managing their energy and participation as needed. If there are going to be changes to staffing, deadlines, or court schedules, those should be made with as much notice as possible. Asking neurodivergent lawyers to complete last-minute projects, especially when they are already deeply involved in work, should also be avoided.

Believe Them

By the time someone from this community completes high school, an undergraduate degree, and law school, and passes the bar, they have usually figured out what helps them to be productive and do good work and what prevents that. They are the experts in the supports they need. Creating workplaces where neurodivergent lawyers can thrive strengthens our profession and the quality of service we provide.