This year, I was pleased to see the Law Society support Neurodiversity Celebration Week (21-27 March 2022), an important initiative aiming to challenge stereotypes and misconceptions surrounding neurodiversity and celebrate the positives of neurodivergence (while tackling the societal barriers that exist). 2022 was, I believe, the first time the Law Society has marked this important week – which, along with its support for Neurodiversity in Business and Neurodiversity in Law, marks the growing visibility of neurodiversity within law that I’ve seen over the past few years, particularly among junior lawyers.
Progress made in recent years
It was back in 2013 that, as a university student, I began considering a career in law and signing up to open days across firms. As someone who was diagnosed as being on the autistic spectrum aged nine – and had always been encouraged to be open about this and to recognise it made me different, not less – it was a surprise to me when, even when attending disability-specific open days, I found almost no one in law who was open about being on the autistic spectrum, and few willing to disclose wider neurodivergence. I would be lying if I said this didn’t give me pause – but ultimately I resolved that (being someone who is always up for a challenge, and perhaps less in need of visible role models that most) by entering the profession I could help make greater openness and visibility a reality.
Nine years later, as a solicitor approaching 3PQE in my department of choice and a Law Society Council Member for Junior Lawyers, I am pleased to say that openness about neurodiversity didn’t hold me back – in fact, if anything it assisted, as, having become known for my campaigning work, firm clients and external initiatives have been keen for me to advise on D&I policies and speak on the importance of inclusion, which has opened up many doors.
More broadly that just my own experiences, though, it has been great to see an increase in the number of openly neurodivergent people entering the legal profession. I now speak regularly at open days, and at almost all there has been at least one attendee (usually more) who has been comfortable disclosing being on the autistic spectrum – and while they may have questions about potential barriers, their focus is very much on what adjustments firms can implement to ensure they work at their best.
In addition, since I qualified in 2019, my own firm has also taken on a number of openly autistic trainees who have since qualified. And more broadly, the number of firms launching neurodiversity networks (or explicitly recognising neurodiversity within disability or diversity networks) has notably increased, while cross-firm initiatives like Neurodiversity in Law have highlighted the growing number of solicitors (and particularly junior lawyers) who are comfortable being open about their neurodiversity (or are keen to improve inclusion for others even if they’re not neurodivergent themselves). To give but one example, it was great to see Lynette Wieland, a fellow junior lawyer (and Diversity Access Scheme Judge) and a fantastic Law Society Social Mobility Ambassador recognised with the Community Choice Award at the Genius Within Awards 2022.
The issues that still exist
Of course, it is important to remember that the progress which has been made has come from a low base, and there is still a lot more to be done when it comes to ensuring visibility and support – from challenging the use of psychometric tests to assess applicants (which can place neurodivergent people at a disadvantage, as well as showing little significant correlation with on-the-job performance) to ensuring more businesses are equipped to offer adjustments (as well as being aware of the importance of ‘soft adjustments’ more related to workplace policy, which cost nothing but can make a real difference in terms of inclusion and unlocking strengths, and benefit non-neurodivergent employees too).
It’s also important to remember that neurodivergent people are, like everyone else, have multiple identities – and with a large number in law working at junior levels, many will also face challenges common to Junior Lawyers (such as burnout, mental health and stress difficulties, and barriers to entry and progression into the profession more widely, all of which the JLD is committed to tackling).
Unlocking the benefits
The increase in openness and public support from institutions like the Law Society for the benefits of neurodiversity are, however, very much a significant step in the right direction, despite the barriers that remain. I look forward to working with bodies like the JLD to ensure that these inclusion at entry level is carried through to progressions and promotions – as it’s only when every level is equally inclusive that the full benefits of neurodiversity (and diversity of thought) can be unlocked.
Jonathan Andrews is an associate at Reed Smith and a council member of the Junior Lawyers Division