|
Legal education is a difficult and trying experience for virtually all students. As with many other aspects of life, law school may present particular obstacles for students with disabilities. The present chapter brings together practical
hints for law students who have disabilities, as these individuals approach and make their way though law school. Other perceptive observations from lawyers and students who have overcome barriers during their own legal education are sprinkled
throughout this Guide.
The authors and most readers of the Guide know that there is no single "disability experience". Each person with a disability faces challenges unique to her or him. Bearing that caveat in mind, we believe that the advice offered by
many individuals through this chapter is worthwhile, whatever one’s disability, personal situation or law school environment may be.
The twenty (plus) tips gathered here are all based on contributions offered in 1999-2000 by Canadian law students and lawyers who have disabilities.
The first day of law school is usually the worst day. Some lawyers say that one of the most difficult days in their lives was the opening day of law school. Everyone is nervous and believes that everyone else is smarter, more confident,
funnier, and so on. If you realize that almost everyone feels this way -- including many of the professors -- it may help you to relax and gain confidence.
Get to know your neighbours. A familiar face or voice can make any situation less intimidating. Do not be afraid to introduce yourself. The sooner you become familiar with your classmates, the easier things will be. If you miss a
class, need some feedback on an assignment, or require a simple bonding session to bemoan the travails of law school, no one will be able to understand your plight better than a fellow student. This is regardless of any disability. The common
bond of student suffering will be enough.
"The best way to cope through law school is to rely on the help of your friends. One strategic move is to choose courses that a good friend is also taking."
Surviving law school is not rocket science. There is an enormous swath of hard work to be done outside the classroom. Develop a routine that succeeds for you and prepare yourself well for classes.
Hardly anyone understands all nuances of a case the first time she or he reads it. Do not feel overly discouraged if it takes you more than one reading to comprehend everything fully. Most classmates will need to re-read certain
material, no matter what they tell you. Only an over-confident or slack lawyer would not make it a rule to re-read cases and documents in professional practice. (And see the item on CANS, below.)
Set goals that matter to you and take reasonable steps to continue achieving them. Although we should all theoretically strive to maximize our potential, not everyone has a goal of being an A+ student. Realistically, not everyone can
achieve this objective. Keep your own goals in mind and keep asking yourself if what you are doing is helping you to get there. Locate and surround yourself with the proper tools and resources.
Don’t be shy if you run up against unfair or arbitrary barriers. Take whatever reasonable and ethical steps are necessary to overcome them.
Be firm about what accommodations you need, but don’t whine. Be assertive but never aggressive. At times, it may seem difficult to break down barriers. Attempt to educate both staff and other students about what accommodations and/or
adaptations you may need, but do not dwell on them obsessively.
"My approach is to let teachers and other officials know that (a) I am quite capable of doing the work if (b) you give me the accommodation that I need and (c) this is the specific help I am seeking."
"There may be very sympathetic people on an admissions committee or an equity committee dealing with accommodations for exams or courses. Sometimes they do not know how they can assist you and it is part of your job to help them
understand."
Be prepared to explain the nature and results of your disability, when appropriate. You can help others to gain an understanding of why you need certain accommodations.
"Although you may be reluctant to reveal your disability and you may be annoyed to have to tell, the fact is you do have an obligation to tell in order to get accommodation, especially if your disability is not obvious."
If you have an opinion that is based on your direct knowledge of disability issues, do not be afraid to express it in class or elsewhere. Sometimes you will be uncomfortable with the attention that your disability may draw. During your
time at law school, you will discuss hundreds of cases. Sooner or later, a case will arise that deals with a situation similar to what you face or have faced because of your disability. Your position as a person with a disability will place you
in a position of wanting to or being expected to express an opinion. Your own views may be controversial or even inconsistent with the law. The best course of action in this instance is simply to speak your mind. Most people will respect your
courage and fortitude. Do not undermine your cause by being be abrupt, aggressive and/or defensive. Try always to speak with confidence and tact.
Balance your life. There really is more to your existence than law school. Lawyers and law students do not always take time for the facets of life and self that do not revolve around careers. Expose yourself to the entire experience of
what your law school and the surrounding community and environment have to offer, not just the books and exams. This will likely assist your personal capacity to do well in law school and in the legal profession.
Cultivate supportive relationships and networks.
- "During the first week of law school, try to buy the administrator a coffee or beer. Get to know the administrator, the disability service provider, and other people in the law school administration. Build up a relationship with them
and with your professors."
- "Try to find a friend or a person on the faculty who can act as your guide to help you deal with your ‘exceptionalities’".
- "Try to line up your own support system. Know where you can get your resources. Try to keep contact with people who know your capability and can vouch for you when necessary."
If someone turns to down your reasonable request for an accommodation, take the steps that a lawyer would. Gather your facts and arguments and look for avenues of review or appeal. "When someone in the faculty or administration says
no to an accommodation request, [remember that] the student can turn to the appropriate committees of the law school or the faculty council who have the power to tell the professor what to do."
There is no law against a second opinion or a second thought about a specific accommodation. If an accommodation suggested by one professional does not seem adequate or appropriate for you, or if an accommodation does not work out
well in practice, you are generally permitted and even encouraged to "revisit" the problem to find a better answer.
"It is important to remember that the student does not necessarily have to accept what is recommended by the campus Special Needs Office. An assertive student may want to obtain the assistance of his/her own contact, for example an
educational psychologist."
Students should raise questions and awareness about perceived barriers. They should not just sit back and accept difficulties that are placed in their way. Even good law school policies cannot anticipate all problems. "After
first year, I began to develop a somewhat thicker skin as I came to know the system better. I found that it helped to ask teachers and law school officials a lot of questions pertaining to barriers that I encountered. That way the problems
became their problems and not just my problem."
Neither you nor the law school administration know all of the answers. You do need to make formal accommodation arrangements with the law school. But "you must realize that these arrangements are not fixed in concrete and can be
revised if they don’t work out". A particular accommodation approach may prove inadequate for many reasons. For example, since disabilities change over time, the kind of accommodations may also need to be changed.
Coping strategies that worked in undergraduate studies might not work as well in law school. For example, one student often chose courses at university based on the attitude of professors towards students with disabilities. In law
school, a high percentage of courses were prescribed, so this alternative was not as readily available.
The reduced course load associated with studying part-time could be your individual key to equal opportunity, but part-time studies do have downsides. Problems can arise if you cannot take two related courses in their logical
sequence. For example, a practical exercise might be undertaken by you before the theoretical phase of the combined course. Moreover, since exam questions generally relate to the way a course is taught in the immediate academic year, a question
on an exam could surprise you by being disconnected from how a part of the course was taught when you studied it. Since some optional course are taught in only alternate years, the usual rules of how popular course are allotted may also work
against you. To avoid or overcome unwelcome news as a part-time student, you need to plan strategically; and you may need some novel accommodations.
If you can, locate and acquire sets of student summaries of the cases that are covered in law courses from year to year. (In some parts of Canada, these informal "underground" Case Note Summaries are called "CANS".)
Professors and judges will tell you - correctly - that if you read only a summary of a case, you could obtain a misleading understanding of the facts or the law and will miss an opportunity to develop your legal reasoning skills further. Even
the "headnote" summaries that precede each case reported in law report volumes occasionally contain serious errors. The likelihood that summaries prepared by law student classmates will be flawed is fairly high. Yet there is also a
chance that you would misread aspects of the original assigned cases or case extracts, assuming that you have time to review all of them.
Even if you are able to complete all assigned reading without relying on summaries, a "good" set of case summaries can be a relief to have on hand when studying for exams, whether the summaries were prepared by you, your own
cooperative study group, or someone else.
A recent graduate from a law school in Atlantic Canada was less equivocal in his advice:
"Get hold of the CANS. Try to get as many of these as possible in the same subject area from people who have taken the course in the past."
Competition for admission to a law faculty is strong and it is an accomplishment for anyone to be accepted into law school. Recall what you had to overcome to get to this point.
A significant difference between you and most of your classmates is that you have often needed to fight for your rights. In some situations, you have needed to present evidence justifying an accommodation and you have then had to
negotiate the appropriate accommodation. Over time, you may have acquired skills that put you a step ahead of the average person when it comes to problem solving, advocacy, and negotiation. Your life experiences could assist you during law
school and may benefit clients whose rights and objectives you later help to secure as a lawyer.
|
