November 1999

Deftly Handling the Deaf (or Otherwise Disabled) Client

by Steve Zwerin

Even if you have never interacted with a disabled client, it is highly likely that you will, at some point during your career. Recent reports indicate that about 54 million people in the United States are disabled. With so many disabled individuals in our society, it would be wise to understand how to interact with and represent someone who may come into your office in a wheelchair, with a seeing-eye dog, or with a sign-language interpreter.

Be aware that disabilities come in myriad forms. Many disabilities are hidden or latent, such as epilepsy and learning disabilities. Recognizing that a client has a disability, and dealing with it promptly, properly and politely can save you many hours, headaches and hard feelings down the road.

At this point, you may be wondering what credentials and authority I possess to teach you how to deal with such individuals. Please allow me to introduce myself: I am a legally deaf attorney. Although I was born with normal hearing, I lost about 95 percent of it to a high fever during my infancy. According to the first doctor who diagnosed my hearing loss, I would never learn to hear or speak normally. Through early action by my parents, however, I was immersed in full-time special-education programs that taught me how to speak and comprehend in the hearing world. At age five, I was transferred to mainstream classes, but continued to attend speech therapy regimens on a regular basis.

It took many years of very hard work, but now I speak almost perfectly. People who hear my "accent" (but either don’t see the hearing aid or don’t grasp the connection) sometimes ask if I’m from Boston, France or some other distant place. I really don’t mind. I’m just pleased to be understood.

Being deaf in a hearing world isn’t always easy. I have dealt with many misunderstandings, inconsiderate people and bigots over the past 25 years. Examples of these experiences abound. One common incident is when people shove me out of the way because I didn’t hear them. Sometimes people have seen the hearing aid, presumed that I was incapable of understanding normally articulated speech, and shouted what they wanted to say. (Let me assure you, not only is shouting embarrassing for someone wearing a hearing aid, it doesn’t help at all! Shouting only makes it more difficult for the hearing aid to process the sounds intelligibly.) A third situation involves someone seeing the hearing aid and assuming that it somehow equates with a mental deficit. I have often wondered what the person speaking to me as if I were a four-year-old would think if they knew that I was an attorney.

Such examples are typical even among well-meaning individuals who simply have limited experience with the disabled. Thus, it is imperative for lawyers and other professionals to understand how to interact with their disabled clients. This skill may seem daunting for the uninitiated, but disabled clients, by and large, are no different than "regular" clients. Let’s face it: successfully representing a client requires trust, communication and empathy. For a disabled client, these truths remain valid. The only difference is — it may also be necessary to address any special needs or concerns that arise.

Your client may have a disability that requires accommodations in order to be represented. As a very basic example, if the client is in a wheelchair and your building is not wheelchair-accessible, that would certainly deter the representation process. Similarly, the courthouse, deposition site or other venue may also not be accessible. Perhaps an alternative meeting site would be feasible. Ask the client if he or she has suggestions on how to deal with the issue of accessibility.

On a less obvious level, the client may have a disability that is not readily apparent. For example, a client with a heart condition may need to take periodic breaks that another client would not require. Similarly, a learning-disabled client may welcome written explanations or simple diagrams of important issues to clarify certain points.

No matter who the client is and no matter what the disability, it is crucial to ascertain what special needs or concerns exist, and what accommodations can be made. Your ability to effectively communicate with your disabled client and provide optimal legal representation depends on this. More importantly, your client could face serious limitations or even be deprived of his or her right to full legal access during significant stages of the lawsuit if these needs are not met.

Having said all that, the most important advice I can give you to best represent a disabled client is to take the initiative. Even after 25 years of living with a disability, I am always impressed when someone takes the opportunity to ask me direct questions about my hearing impairment. I especially appreciate it when someone wants to know how to make conversation and interaction more comfortable for both of us.

It can be intimidating to ask someone such personal and direct questions, especially during the first moments of forming a business or personal relationship. Such candid conversations can, however, pay many dividends in the long run. Once these issues are addressed, you should feel more confident about your relationship with your client, and be better attuned in handling specific situations. Likewise, your client will be more likely to trust you and alert you to any further issues regarding the disability.

Finally, remember that these suggestions may work wonders with some clients, but not with others. If all else fails, your openness in discussing these issues with your clients and learning about their needs is probably the best tool you possess in representing them. If you act deftly and with genuine empathy, your disabled clients will appreciate you for it, and the rewards will be great.

Steven Zwerin is a graduate of Seattle University School of Law. He is a contract attorney in the fields of employment law, discrimination and civil rights. He is also a member of several King County Bar Association committees involved with civil rights and disability issues. He can be contacted by e-mail at szwerin@prodigy.net.

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