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Supporting Neurodiversity in the Legal Sector
Is the UK legal profession effectively recognising neurodiversity? And what more can be done to support neurodiverse lawyers?
What Is Neurodiversity?
Neurodivergent is a nonmedical term that describes people who have an atypical mental or neurological function – in other words, whose brains have developed or work differently for some reason. It encompasses how people perceive and process information, learn, and interact with others.
That does not mean, however, that a neurodivergent person is any less capable than their non-neurodivergent counterparts; they just have different strengths and weaknesses. Indeed, certain characteristics of neurodivergent people are essential qualities for the legal profession. For example, they are often highly skilled in problem-solving, communications, strategy creation, troubleshooting improving processes, and lateral and creative thinking. People often associate neurodiversity with conditions such as autism spectrum disorder, which includes what was once known as ‘Asperger’s syndrome’. Neurodiversity also includes attention deficit/hyperactivity disorder (“ADHD”), dyslexia, dyscalculia obsessive-compulsive disorder, dyspraxia and Tourette’s syndrome.
Under the Equality Act 2010, several neurodivergent conditions are protected characteristics due to their impact on day-to-day activities. For example, differences in social communication, behaviour and sensory processing within the autism spectrum disorder, and the effect of dyslexia on reading, writing and spelling. However, individual conditions are assessed on a case-by-case basis, taking into consideration the effect on the individual. The Equality Act 2010 applies not only to those in employment but also to other areas, such as potential job applicants.
Recent research from the University of Birmingham has provided a more detailed picture of what neurodiversity looks like among adults in the UK, and identified, inter alia, the following common characteristics in those who presented with each condition:
- High scores for characteristics associated with autism were linked with experiences of challenges with social and imaginative skills, higher preference for routines and attention to details, numbers and patterns;
- High scores for characteristics associated with ADHD were linked with tendencies for inattentiveness, hyperactivity and impulsiveness;
- High scores in cortical hyperexcitability related to visual sensitivity and unusual visual experiences; and
- High scores for characteristics associated with dyslexia were linked with lower fluency with reading and word-finding.
The volunteer-run group Neurodiversikey has also created ‘Neurotype cards’ which set out the characteristics of the most common conditions (the ‘divergence’), the strengths, and the challenges often faced by individuals diagnosed with each condition.
According to Autistica, one in seven in the UK are autistic, equating to one million people, or approximately 14 per cent of the population. Around 680,000 people of working age represent themselves as having some form of autism.
Recent figures from Statistica show that there are approximately 333,800 legal professionals working in the UK, 212,500 solicitors and 34,600 barristers and judges, which suggests that the UK has approximately 30,000 solicitors and 5,000 barristers and judges with a form of neurodiversity.
The true number may not be known, due to undiagnosed neurodiverse individuals, misconceptions, and stereotyping of people with neurodivergent conditions, in addition to a lack of comprehensive empirical data collection within the legal profession.
It seems that collection of data, particularly in relation to neurodiversity, is still at its infancy stage. However, organisations such as the Law Society and the Bar Council incorporate questions about disability in their diversity and inclusion surveys and Neurodiversikey has also recently undertaken a survey in an attempt to understand the experiences of neurodiverse lawyers. Of the 257 who responded to their survey, 75 per cent said they have not disclosed their condition to employers to avoid discrimination and there was a widespread belief that the legal sector is not inclusive.
Another potential barrier to data collection is a reluctance on the part of some neurodiverse people to represent themselves as such to potential or actual employers, perhaps out of concern of stereotyping or fear of adverse consequences.
Indeed, a 2023 Birkbeck, University of London study identified stark barriers to neurodivergent employees disclosing their conditions to employers: 65 per cent of employees feared discrimination from management; 55 per cent feared discrimination from colleagues, and 40 per cent said that knowledgeable staff are not available to help.
There is a perception that there has been a recent rise in discrimination against those who are neurodivergent. Almost half of those surveyed by Neurodiversikey reported experiencing discrimination in relation to their neurotype in legal education and training.
Admittedly, there seems to have been an increase in Employment Tribunal claims citing neurodiversity discrimination; from 70 cases in 2020 to over 100 cases in 2023, with significant damages awarded to neurodiverse claimants gaining media attention.
However, while this is disheartening, I am not sure that the increase in Tribunal claims is purely because such discrimination is increasing. It is preferable to think – and hope – that the increase is in fact an indication that there
is a greater awareness of neurodiversity generally, with individuals being willing to discuss neurodiversity openly. The increased media attention will hopefully raise awareness and have a deterrent effect.
Recognising and Supporting Neurodiversity
Neurodivergent individuals might face barriers in the workplace that can have a negative impact on the individual. These barriers could be anything from lack of understanding to adhering to inflexible rules.
Recognising and supporting this diversity is important to the entire legal sector. If these barriers are not addressed, the legal profession and employers are potentially missing out on neurodiverse talent.
Around 40 per cent of respondents to the Neurodiversikey survey reported a lack of reasonable adjustments, both in training and in the workplace. So, what can employers and chambers do to ensure that neurodiverse lawyers can participate fully in all aspects of their careers?
Conscious event and interview planning
Some neurodivergent people find social events, particularly formal occasions such as networking events and interviews, difficult at times and anxiety-inducing.
For example, when invited for an interview, a neurodiverse interviewee might find it difficult to navigate the right balance between informality and professionalism.
However, this might be something that the neurodiverse can recognise, or be helped to recognise, in order to develop coping mechanisms. Employers and chambers should also be aware of these difficulties and take steps to minimise or remove obstacles to ensure that neurodiverse individuals feel able to pursue a career in law.
For example, ‘neuro-inclusive’ events might include: designated quiet spaces; advanced circulation of information such as interview questions, venue maps, accessibility information or guest lists; clear and varied communications using accessible fonts; the incorporation of alternative participation methods (such as private messaging during Q+A sessions or pre-submission of questions); awareness and reduction of sensory stimuli (such as loud background music or bright colours); and specifically asking for feedback from the perspective of neurodiverse attendees.
Chambers and employers should further develop awareness and understanding of neurodiversity and how they can offer support throughout the careers of neurodiverse individuals.
Obtaining a diagnosis
Neurodivergent individuals do not need a formal diagnosis or to have disclosed any formal diagnosis to be protected against discrimination. However, an assessment can be a means to understand what, if any, support a person might need to access. Unfortunately, however, this is not necessarily an easy, quick or inexpensive process, with high demand on the NHS and diagnoses from the private healthcare sector often costly.
In a positive move from which the Bar could draw inspiration, The Telegraph recently reported that law firm Norton Rose Fulbright is partnering with external consultants to provide assessments, support and advice to their lawyers who may have neurological conditions, highlighting that law firms are increasingly recognising neurodiversity within their organisation.
This also acknowledges the demands on the NHS in providing assessments and diagnoses to people who believe that they may have neurological conditions.
Open Discussion
There are many neurodiverse individuals at the top of the legal profession. In my view, senior lawyers play a key role in opening up the discussion on neurodiversity within the profession, which can only bring about a positive result. The more open and candid lawyers are about their own neurodiversity, the more likely that existing or aspiring lawyers will perceive the legal profession as inclusive.
Chambers and employers should also encourage open dialogue with their own members or employees. An open discussion between junior lawyers, employers and peers would increase awareness, knowledge and understanding. Neurodivergent lawyers might understandably feel apprehensive about speaking candidly about their diagnosis or seeking help. However, there are a number of support networks available to them at the Bar, such as ‘Neurodiversity in Law’, which exists to champion neurodiverse talent and support neurodiverse barristers at all stages of their careers.
Developing awareness and understanding
There is an increasing volume of information and practical resources available from organisations such as the Law Society, the Bar Council, individual law firms and sets of barristers’ chambers. Neurodiverse lawyers could also be asked to provide feedback to chambers and employers about how they can feel more supported.
Striking a more positive note
The legal profession – from those with neurodiverse characteristics, to those that want to understand more about neurodiversity and tap into the talent pool – needs to continue to be open to, talk about, advocate for, and support neurodiversity in all its forms.
The legal profession has, in keeping with society in general, made great strides in the last few years in its celebration of neurodivergence, achieving wider and more meaningful diversity and inclusion. Organisations such as the Law Society, the Bar Council, Neurodiversikey, Neurodiversity in Law, the established legal press, conference providers, and lawyers on social media, are increasingly vocal in promoting neurodiversity and inclusion within the legal profession.
At the same time, whether or not they perceive themselves as having a ‘disability’, neurodivergent individuals who desire a legal career are putting themselves forward and seeking support. It is sometimes hard for a neurodivergent person to step out of their comfort zone in this way, so this should be applauded and supported.
Although there is some work left to do, firms and chambers are beginning to tap into neurodiverse potential and are increasingly mindful of the adjustments that they should make to ensure that neurodiverse lawyers can thrive. I am optimistic that neurodiverse lawyers will feel more able than ever to enter the legal profession and achieve success. The profession will be all the richer for it.
Kevin Athow
General Counsel
BSH Home Appliances Ltd
For further information about Neurodiversity:
Autistica – Autism research and campaigning – autistica.org.uk
The Buckland Review of Autism Employment: Report and recommendations – gov.uk/government/publications/the-buckland-review-of-autism-employment-report-and-recommendations/the-buckland-review-of-autism-employment-report-and-recommendations
Wiley – acamh.onlinelibrary.wiley.com/doi/10.1002/jcv2.12219
Neurodiversity: How To Improve Your Events & Conferences For Neurodiverse Participants – accliverpool.com/resources/neurodiversity-how-to-improve-your-events-conferences-for-neurodiverse-participants
Neurodiversikey resources – neurodiversikey.com/resources
Neurodiversity in Law- neurodiversityinlaw.co.uk
65% of neurodivergent employees fear discrimination despite UK businesses promoting neurodiverse workplaces — Birkbeck, University of London – bbk.ac.uk/news/neurodivergent-employees-fear-discrimination-despite-uk-businesses-promoting-neurodiverse-workplaces
Law Gazette – lawgazette.co.uk/news/neurodivergent-lawyers-let-down-across-legal-sector-finds-survey/5119543.article
