Ableism in the Law

The legal profession has countless gate-keeping tools. From the LSATs as a gatekeeper for law school to the bar exam as a gate-keeping tool for the profession, it is clear that there are many hurdles between starting your legal career and actually practicing law. 

However, gate-keeping in the law should never take the form of ableism. Unfortunately, that is not always the case. Too often, individuals with disabilities, especially invisible ones like mental illness, might experience barriers to the profession, either in the form of missed opportunities or through reduced chances for advancement. This can be true regardless of the mental health issue and how it impacts an individual’s ability to perform their legal duties. 

When we educate people about mental health in the legal profession, we sometimes get the question, “do we want people with mental health issues practicing law?” While this question is incredibly stigmatizing, we understand the underlying concern: can this lawyer do the job we need them to do? After all, lawyers perform an essential role in our society. However, every mental health condition impacts people differently and their abilities differently. For example, a veteran who goes into the law might have PTSD, but that might not impact their ability to practice in a field where potential triggers are not present. Similarly, someone with depression might have certain mood-based challenges that in no way impact their legal reasoning ability.

We envision a world where every individual in the legal profession is able to live and work and practice without stigma. Tackling ableism in the law is a big part of that, which is why we wanted to talk about this more. Hopefully, by raising these issues, we can make people more mindful and more willing to speak up when they see examples of ableism in their legal practices.