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How to talk about disability in the workplace and improve inclusivity in law

Published:
26 Oct 2022
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How to talk about disability in the workplace and improve inclusivity in law

Law is competitive at every level, from gaining entry to law school to attaining the most sought-after law firm clerkships, PLT placements, and government internships. Graduates living with disability can find this especially daunting as they navigate the gauntlet of whether to share information about their disability, how their employer might respond, and how this might impact their career progression.

The College of Law’s National Career Advisor Ruth Beran recently hosted a webinar, Navigating a Legal Career with a Disability, to shine a light on this issue. Supported by National Careers Professional Susan Pincus, also from the College, panellists included corporate lawyer Kate Long from DALA (Disabled Australian Lawyers Association), Sonia Sawant, Deputy Managing Lawyer of Victorian Legal Aid and also from DALA, Rosie Lane, Access and Inclusion Index Lead at the Australian Network on Disability, and law student Thomas Gedye, who completed an internship with the Commonwealth Attorney-General through the ‘Stepping Into’ program, and has since been offered an ongoing role.

 

Living with visible (and invisible) disability

Majority of the panellists lives with either a visible or less visible disability. Thomas Gedye, a third-year law and criminology student, wears a cochlear implant on his right ear. Kate Long is autistic and has ADHD. A New Zealand native, she completed her College of Law studies through College of Law New Zealand before moving to Australia in March 2020.

Like many neurodivergent women, I wasn’t diagnosed until adulthood,” Kate shared. “I started my career as a lawyer and was then diagnosed. So, I’ve been navigating what that means for my career and personal life.”

Alongside Sonia Sawant, who wears hearing aids, Kate is part of the DALA leadership group. “Through DALA, I’ve been able to connect with other disabled lawyers, including neurodivergent lawyers like me. Earlier this year, I was awarded Wellness Advocate of the Year at the 30 Under 30 Law Awards.”

 

How to talk about disability in the workplace

Recently, a range of terms and euphemisms have emerged around disability, including ‘diverse ability’ or calling disability a ‘superpower.’ While well-intended, such terminology can have an adverse effect, minimising the difficulties of one in five Australians who have a disability.

“There’s nothing wrong with having a disability,” Rosie Lane points out. “Language is very powerful. There’s still a stigma associated with the word ‘disability’. By using words that steer around this term, you’re steering around the stigma.

Instead, Rosie prefers to focus on accessibility. “Language is very personal. People will have their own way of talking about their disability or their lived experience. Always be guided by the individual.”

An example of this is referring to autism as a ‘superpower’. “This term gets thrown around quite a lot when people talk about autism and other disabilities,” Kate says. “It’s human instinct to try and make people feel better about being disabled, but it really isn’t necessary.”

As Kate explains, the reality for many with autism is not being ‘super-smart’ or possessing perfect recall. “Rather, it can be hard to hold down a job, complete a degree, or get through the day, using language like ‘superpower’ undermines the issues that a lot of neurodivergent people face.”

There are ways you can take the pressure off in these situations Kate says. “If you notice phrases like ‘diverse ability’ or ‘superpower’ thrown around, perhaps have a conversation with the disabled person and let them take the lead. So the emotional labour isn’t always on the disabled person to change the conversation.”

 

How can you tell if a legal workplace is inclusive?

Entering a new workplace can be intimidating for anyone. If you are aiming to gauge how inclusive your new workplace might be, the panel has a few tips:

  1. Check the website. Does the organisation have a disability network? Are there any policies around disability? Are disabled lawyers being promoted? If the website is silent, it can be a sign the firm is not the right fit.
  2. Ask for ‘reasonable accommodations’ throughout the recruitment process. Give the HR department a call. You can obtain a sense of how tuned in the organisation is to reasonable accommodations.
  3. Speak to other disabled lawyers. Try organisations like DALA, or informally through LinkedIn.

 

Should you share information about your disability?

The decision to share information about your disability is entirely up to you. For those with a visible disability, this may be less of an option, but for those with a less visible disability, this question comes up quite often.

There’s no legal requirement that you have to disclose your disability at any stage with your employer, the only time you do is when it might affect your ability to do your job,” Sonia explains. “My hearing impairment was important to share as I am a solicitor advocate. I was lucky to have a very supportive manager and organisation, it makes you value your employer.”

Having these kinds of conversations can help you assess whether the role is the right fit for you. Do you feel comfortable bringing your ‘whole self’ to work? How much is your employer willing to support you?

As a law student new to the workforce, knowing when to share information about your disability can be challenging. “That’s why Stepping Into is such a great program,” Thomas says. “Disability is at the forefront of the conversation.

Rosie again notes the terms we use are important. “We talk about sharing disability information, not disclosing, it takes away the feeling that you have to share it.”

Applicants for the Stepping Into program are not required to share their disability. “Rather, we’ll ask what adjustments in the workplace could be made to support you. The only thing we pass onto hiring managers are any details of workplace adjustments that you would like passed on.”

It is also important to remember that adjustments don’t end on day one.

What you think will work for you may not be the same once you’re in the workplace,” Rosie says. “There’s absolutely nothing wrong with getting weeks, months, or even years into a role and asking for a discussion about how you can adjust your workplace reasonably to meet your needs.

 

Have legal workplaces evolved to better include people with disabilities?

In short, yes. But according to Sonia there is still a long way to go.

In my organisation we have an anonymous peer support network, we support each other, share stories, and advocate for better inclusion and diversity within the organisation. We have a Disability Action Plan and a Diversity and Inclusion team.”

This type of support and experience varies significantly between organisations. Some see Diversity & Inclusion as a ‘tick-box’ exercise. “For example, you might be asked whether you need ‘reasonable adjustments’ when registering for a job and even though you may state what you need, nothing will be done,” Sonia explains.

While Thomas had negative experiences prior to his internship, mostly in the education system, he described his Stepping Into experience as “fantastic”.

Right from the start, they were so concerned about accessibility and providing as many accommodations as they could,” Thomas says. “The office was so conscious of what might make things difficult for me. On the Friday afternoon of my first week, my supervisor walked me out and spoke about the possibility of an extension. This was pretty incredible.”

 

Interested in an internship? Give it a go!

For students or recent graduates interested in an internship, Thomas advises the importance of highlighting your strengths.

Everyone will be good at different things. Put your strengths at the forefront of your application and don’t be afraid to apply for things that might be outside your comfort zone,” Thomas says. “At the Commonwealth Attorney-General’s office, I’m involved in native title law. It’s not even taught at law school. I hadn’t done property law yet. It was a little bit of a shock but it was exciting to get outside of my comfort zone.”

It’s so important to back yourself,” Kate says. “Go for roles that might be a little bit out of reach but you’re interested in, don’t discount yourself because you are disabled. Give it a go. Put your name out there.”

 

Stepping Into Internships

The Stepping Into internships are paid and can be full time, part time, and/or delivered flexibly. Summer internships may be longer, up to six or eight weeks. The internships Include legal roles within government, private practice, companies or not for profits and students can ask at interview whether the internship counts towards PLT work experience.

We offer Stepping Into internships nationally in nearly all capital cities and regional areas,” Rosie explains. “We’ve seen interns move for internships. Think about your capacity to relocate. We can’t support the cost of relocation or transport, so think about your support network.” 

You must nominate three positions you’re interested in as preferences,” Rosie outlines. “If you’re eligible, you’ll be interviewed for 30 minutes by one of my colleagues. We want to get to know you, what you’re interested in, and what roles you might be a good fit for. If you’re shortlisted, the next step would be to put together a cover letter for that role, so it’s really targeted. Internships are paid. Host employers pay interns directly. Our team is there to support you and the supervisor throughout.”

More information: https://www.and.org.au/students-jobseekers/start-an-internship/

FAQs: https://www.and.org.au/students-jobseekers/stepping-into-intern-faqs

 

Positive Action towards Career Engagement (PACE) mentoring 

PACE Mentoring is a free, 4-month mentoring program that matches jobseekers and students with disability to mentors from Australian Network on Disability’s member organisations. The program is focused on developing employability skills and confidence, and working towards career goals. Anybody over the age of 18 who identifies as having a disability, mental health condition or chronic illness is encouraged to apply for the program.

Applications are open all year and the program runs twice a year, April-August and August-December.

More information: https://www.and.org.au/students-jobseekers/find-a-mentor/ 

FAQs: https://www.and.org.au/students-jobseekers/find-a-mentor/pace-mentee-faqs

 

DALA legal internships

DALA legal internships are a two-week unpaid internship program spaced over a five-week period.

Further information:DALA was established in early 2021,” Sonia says. “We are still evolving as an organisation. We’ve established some good collaborations, including with the County Court of Victoria. This year we ran an internship program with the support of two judges. Three students were successful and placed in the internship program with judges. Currently we are in discussion with the Magistrates Court of Victoria.”

More information: https://www.linkedin.com/company/disabled-australian-lawyers-association/

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How the LPMC assisted Elena to take her firm to the next level – and grow from there

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How the LPMC assisted Elena to take her firm to the next level – and grow from there

Elena Leonardos, principle lawyer at Adelaide Legal Solutions, chose to complete her LPMC when the SA's regulation rules changed. Now, she's executing her 12-month plan to expand her business, and seeing an increase in the firm's profitability.

Can we improve Australia’s pro bono legal system?

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Can we improve Australia’s pro bono legal system?

Access to justice is limited for many and while the Commonwealth Government encourages pro bono activity, it is not mandated. Could there be a better pro bono legal system? We talk to Luke Geary, Chairman of Everyday Justice.

Assessing Mental Capacity: A Guide from the Law Council of Australia

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Assessing Mental Capacity: A Guide from the Law Council of Australia

For legal practitioners in Wills & Estates, finding clear ways to consider and assess mental capacity in a variety of situations is crucial. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, and Accredited Specialist in Wills and Estates. Josephine shares key elements from the Law Council of Australia’s Best Practice Guide for Legal Practitioners on Assessing Mental Capacity or ‘the BPG’.

NSW introduces combined Succession & Probate Lists: Key Updates

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NSW introduces combined Succession & Probate Lists: Key Updates

Recently, the Supreme Court of New South Wales introduced combined Succession & Probate Lists, applicable to family provision claims and contested probate applications. Queensland is also trialling a Wills and Estates List and there are likely to be further implications for other jurisdictions. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, about what you need to know and how this will impact your practice.

REVEALED: The College’s most popular on-demand CPD short courses for 2024

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REVEALED: The College’s most popular on-demand CPD short courses for 2024

To prepare you for what’s next, let’s unpack the College of Law’s 5 most popular on-demand CPD Digital Subscription courses. It’s the best way to keep your skills sharp – and your mind engaged.

From procrastination to passion

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From procrastination to passion

Overcoming procrastination is quite simple: passion. There must be an internal desire, not dependent on anything except ourselves. That’s why we enable our learners to choose the courses and practice areas that matter most to them - from family law to advocacy - we’re helping lawyers reclaim their power and focus on the areas that they are passionate about.

Property Law Update: Off-the-plan Property Contracts

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Property Law Update: Off-the-plan Property Contracts

The law concerning off-the-plan purchases can be complex. However, as buyers seek affordable entry points into the property market, this kind of purchase has become more and more common. To help demystify this area of law, we spoke to property lawyer Jane Macdonnell, who is a College of Law lecturer in our popular LLM program. 

Defining success in life and law

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Defining success in life and law

What does it mean to be successful? Her Honour Magistrate Michelle Harries, former Assistant Director and lecturer at the College of Law WA, shares her insights at the PLT Excellence Awards Evening. The following is an extract from Her Honour’s speech.

What’s so special about specialising? The ins and outs of becoming a specialist lawyer

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What’s so special about specialising? The ins and outs of becoming a specialist lawyer

Becoming a specialist can be a smart career move. It’s a pathway to new knowledge, opportunities and challenges. But it’s also a commitment. So is specialising the right move for you? Learn the ins, outs, and must-knows of specialising – and what you need to know before you take the leap.

Dress for success: How clothes impact your performance and power

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Dress for success: How clothes impact your performance and power

What you wear has been proven to impact how you feel and perform, it has also been shown to influence how others perceive and respond to you. Given these findings what you wear to the office, a client meeting, to court, or even a job interview, matters. Experienced style expert and author, Dijanna Mulhearn, provides her expert tips on how lawyers can take their look and feel to the next level and dress for success at work.

Your Guide to a Career in Legal Operations

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Your Guide to a Career in Legal Operations

In Australia, the legal profession is evolving rapidly, driven by technological advancements and complex demands from clients and employers. Legal operations professionals, not necessarily with legal backgrounds, are pivotal in integrating new technologies, project management, and process improvements to meet modern market needs.

Nationally Accredited Mediator Training Course Guide

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Nationally Accredited Mediator Training Course Guide

Download our Nationally Accredited Mediator Training handbook, if you are considering adding mediation to your skill set. Inside you'll find everything you need to know about the course.

Vale Kay Smith

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Vale Kay Smith

On Monday 15 August 2016, Kay Smith, one of The College of Law’s longest serving and most respected people died after a short illness.

Kay’s legal career began when she gained her qualification in Law through the NSW Legal Practitioners Admission Board. Kay then obtained a position as an articled clerk with a city firm at a time when there were very few openings for women in the legal profession. She was admitted as a solicitor and established a legal career. She moved from private practice to the College of Law in 1983 – the start of a 30 year career at the College.

Dispute Resolution Postgraduate Programs Course Guide

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Dispute Resolution Postgraduate Programs Course Guide

Download the Dispute Resolution Postgraduate Course Guide to learn how our program can equip you with essential skills to resolve conflicts effectively and build a rewarding career in this growing field.

Graduate Certificate in International Arbitration Practice Course Guide

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Graduate Certificate in International Arbitration Practice Course Guide

Download the Graduate Certificate in International Arbitration Practice Course Guide and unlock the skills needed to navigate complex, cross-border legal disputes with confidence and efficiency.

Property Law Postgraduate Programs Course Guide

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Property Law Postgraduate Programs Course Guide

Download the Property Law Postgraduate Course Guide and discover how our specialised program can help you build expertise and thrive in this dynamic field.

Graduate Certificate in Applied Law Guide

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Graduate Certificate in Applied Law Guide

Looking to boost your legal career but not ready to dive into a Master of Laws (LLM)?
 
The Graduate Certificate in Applied Law might be the answer.
 
Offering a flexible and affordable way to upskill, the Graduate Certificate is a popular option for busy legal professionals looking to sharpen their skills or master a particular field.
 
Download this course guide to receive more information. 
How to have the career you want with John Poulsen

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How to have the career you want with John Poulsen

How do you transcend the daily grind to do work you love? When can a career become a calling? What steps can you take to achieve the career you want? We spoke to John Poulsen, former CEO of Squire Patton Boggs and Principal of People Passion Performance, for his insights on getting the career you want informed by an illustrious career in law and leadership.

What are the top negligence claims facing lawyers today?

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What are the top negligence claims facing lawyers today?

The College of Law investigates which legal practice areas are most at risk of negligence claims and why. We spoke to Lawcover’s Legal Risk Manager Glenda Carry about the practice areas most affected by negligence claims, what behaviours can lead to adverse claims by clients, and what risk mitigation strategies law practices can put in place.

From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

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From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

Australia’s recent change in leadership has set the nation’s eyes on Malcolm Turnbull. Over the coming weeks and months, the newly appointed 29th Prime Minister will reveal his mettle as a national leader.

From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

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From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

While completing her law degree and Practical Legal Training with the College of Law, Helena Hanna also kept up with her interests outside of studies. Learn more about Helena and her law degree experience.

How to merge your love of music with your legal career: Chelsea's story

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How to merge your love of music with your legal career: Chelsea's story

Learn how Chelsea Donoghue merged her lot of arts and law: How she managed her study while on world tours, what she loves most about her work at Sanicki Lawyers, and what’s next.

Graduates and prize winners recognised in June ceremony

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Graduates and prize winners recognised in June ceremony

Graduates and prize winners celebrated their achievements, received their awards and honours remotely due to continuing COVID-19 restrictions.

3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

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3 Key Insights from the State of Separation Impact Report: Making Separation Simpler

Parting ways in a relationship is never easy, and family lawyers are generally the first professional separating couples encounter when they end a relationship. For all of these reasons Angela Harbinson created The Separation Guide, which aims to make separation and divorce simpler, more manageable and less stressful.

Kyiesha Faulkner: How the Indigenous Business Handbook is transforming lives

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Kyiesha Faulkner: How the Indigenous Business Handbook is transforming lives

Starting a business is never easy. What step should you take first? How do you negotiate the ins and outs of your legal requirements if you’re not a lawyer? Even for a seasoned lawyer these steps are complicated…And what if you also face unique cultural considerations and complexities?

Self-awareness: The surprising foundation to a thriving legal career

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Self-awareness: The surprising foundation to a thriving legal career

There’s no doubt the legal sector can be an intense work environment. Thanks to heavy caseloads and fierce competition, lawyers and other legal professionals are facing stress, anxiety and burnout on a concerning scale. But according to executive transition coach and CEO at Lucent Global, Ellie Scarf, it doesn’t have to be this way. There’s one tool that can help you manage a plethora of professional challenges. That tool? Self-awareness.

5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

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5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

The law is a complex field heavily reliant on knowledge, interpretation and advice. This makes for a profession that can have far reaching consequences and, as a result, lawyers are held to high standards. Athol Opas presents annual ethics updates to firms to keep them abreast of recent cases of misconduct and/or common ethical breaches. We spoke to Athol to find out about the most common ethical breaches lawyers should be mindful of and to gain his top tips on complying within ethical obligations. 

How AI is being used in Family Law

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How AI is being used in Family Law

To understand where legal AI use cases are showing up within family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. Fiona Kirkman, principal at Kirkman Family Law, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

How to exit your job gracefully in law

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How to exit your job gracefully in law

For the 1 in 4 Australian lawyers considering leaving their job, the current job market is tipped in their favour. However, Australia’s legal profession is tight-knit and relatively small, so reputation matters. If you are leaving your role for fresh challenges, here are our top tips on how to exit your job gracefully in law, from the College of Law’s National Careers Advisors Ruth Beran and Susan Pincus.

Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

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Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

Kerala Drew found the path to qualifying as an Australian lawyer fraught with roadblocks. Learn how she landed her first job in law, what set her College of Law PLT experience apart from prior study, and what advice she might have for lawyers looking to join the Australian legal profession.

How to get a government job in law: everything you need to know

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How to get a government job in law: everything you need to know

Embarking on a legal career in local, state, or federal government can be an exciting move. There are many pathways for development, a broad range of practice areas, and often a healthy work-life balance. These roles are highly rewarding, and highly competitive, the College of Law tells you everything you need to know about landing a government job in law.

The legal ramifications of the Queen’s death are surprisingly small

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The legal ramifications of the Queen’s death are surprisingly small

We talk to the College of Law’s Adrian Deans, Academic Policy & Quality, James Crittenden, Head of Short Courses and CPD, and Lewis Patrick, Chief Academic Officer, about some of the pragmatic impacts of the Queen’s passing on the law and Australian legal profession.

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