Removing Barriers and Rebuilding the Profession: Disability in the Legal Practice

If the legal profession is built on fairness and equality, why are people with disabilities still fighting for the accessibility and inclusion they deserve?

More than 20% of Australians have a disability. 

Yet, we hardly ever hear about lawyers with disabilities within the legal profession.

This is perhaps an indicator that, despite today’s society being more progressive than ever, the legal profession still remains inaccessible and underrepresented for people with disabilities. 

Visible and invisible disabilities 

It’s important to understand that disabilities can present themselves as both visible and invisible.  

Visible disabilities are physical, mental or neurological conditions that are immediately apparent or easily noticeable to others, often involving the use of assistive devices. 

Invisible disabilities are physical, mental or neurological conditions that are not visible from the outside, yet can limit or challenge a person’s movements, senses or activities. 

Visible disabilities tend to be more widely recognised, and many people unconsciously restrict their understanding of disability to these visible manifestations. However, acknowledging that disabilities can also be hidden is essential to preventing misunderstandings, false perceptions and judgments. 

Stigma

Lawyers with disabilities continue to face entrenched attitudinal, cultural, and systemic stigma within the legal profession. Skepticism from employers, judges, colleagues and clients about their capabilities remains common, constraining their professional development and day-to-day practice.

For graduates looking to break into the legal profession, this can be an even harder challenge. Research shows that employers are often reluctant to hire people with disabilities, with negative attitudinal perceptions influencing hiring decisions. 

This stigma also discourages disclosure. Many legal professionals hide their disabilities from employers and colleagues, fearing discrimination or damage to their credibility. This often means that necessary adjustments cannot be made to best support those with disabilities, simply because their employers are unaware of the need in the first place.

To combat stigma, it is important that diversity and inclusion training, including disability awareness, is provided at all levels of the organisation, from entry-level staff through to senior management. Companies and institutions must actively work to cultivate a culture where employees feel safe to disclose their disability and seek the support they need.

Structural barriers

Structural barriers remain one of the most significant challenges faced by individuals with disabilities in the legal profession.

The legal sector is known for its hyper-competitive culture and rigid working practices. Traditional expectations of long hours and sustained productivity disproportionately affect lawyers living with chronic pain, fatigue, sensory needs or other conditions. 

Many legal environments, including courtrooms and office spaces, also continue to lack basic infrastructure such as reliable lifts, automatic doors, accessible bathrooms and safe drop-off zones for wheelchairs. 

Accommodations 

The Disability Discrimination Act 1992 acknowledges the necessity of individuals with disabilities to be able to seek and receive “reasonable adjustments” to ensure equitable inclusion. 

In practice, this can involve both cultural and physical adjustments. To address the traditional work culture, flexible arrangements can be introduced. This may include working part-time or hybrid, adjusted deadlines and less rigid scheduling. Physically accessibility can be improved through measures such as clearing our office pathways and providing assistive technology. 

Together, adjustments like these can create a more inclusive environment where lawyers with disabilities are able to participate fully and comfortably. 

A Message To Our Fellow Law Students

It is always important to practice empathy, understanding and self-reflection in everyday life, regardless of the circumstances. We hope everyone will continue to embrace opportunities to broaden perspectives, by engaging in active listening and approaching conversations with respectful curiosity, as we strive towards creating more inclusive spaces for people with disabilities.

Written by Joan Lim