Attorneys and Disabled Clients - What Attorneys Need to Know When Setting Up The Initial Appointment
October 29, 2012 By The Nashville Law Firm
Attorneys and Disabled Clients - What Attorneys Need to Know When Setting Up The Initial Appointment - What attorneys need to know when working with disabled clients in Nashville, Tennessee and throughout the United States: Your law office just received a phone call from a deaf or hearing-impaired potential client. The potential-client is requesting a meeting to retain your services. The potential-client has also requested that you provide an interpreter for the meeting.
Do you take the meeting and provide an interpreter? If you do, do you pay for the interpreter or the client? Do you pay for the interpreter and then bill the client? Do you have the client come in and just write things down or bring a family member to translate?
What do you do?
The offices of a lawyer are covered by the ADA, regardless of the size of the firm, even if you have fewer than 15 employees and regardless of the type of law you practice, whether civil or criminal. Lawyers have an obligation to ensure they provide regardless of the type of law you practice, whether civil or criminal. Lawyers have an obligation to ensure they provide effective communication to clients with disabilities. Effective communication means providing Auxiliary Aids and Services, which can be different depending on the clients disabilities. The communication must also be effective both ways, from the client to the attorney and from the attorney to the client. The best way to understand what is effective for each client is to ask them. It is important that you pay attention to your client’s needs and statements. They may state that writing things down or lip-reading is not effective. Therefore, you can’t offer these as options. The most important thing that attorneys must be aware of is that lawyers are required under the ADA to pay for professional interpretation services. Insisting that a client who utilizes American Sign Language bring a family member or friend to interpret is not proper and also raises issues regarding attorney client privilege. There is also a CART service than can be provided for the hard of hearing, which will assist in reading. These charges cannot be charged back to the client and an attorney cannot increase his or her fees to handle the case of a disabled client.
We have an obligation as attorneys to provide professional, high-quality legal service to each client an potential client regardless of disability. Attorneys and disabled clients should do their best to communicate with each other to achieve this success.
ABOUT THE AUTHOR: James Frazier
James Frazier is an injury lawyer and accident attorney practicing for and representing only plaintiffs in auto accident and injury cases. James Frazier was born in Louisville, Kentucky and raised in Longwood, Florida, graduating from Lake Brantley High School. He earned his Bachelor’s Degree in Political Science at Florida State University.
James Frazier earned his law degree at Stetson University College of Law, where he was a member of the Mock Trial Team and a Student Government Representative. He was also active in the local community, performing pro bono legal work with Gulf Coast Legal Services for the citizens of Pinellas County, Florida.
Copyright The Nashville Law Firm
More information about The Nashville Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
What do you do?
The offices of a lawyer are covered by the ADA, regardless of the size of the firm, even if you have fewer than 15 employees and regardless of the type of law you practice, whether civil or criminal. Lawyers have an obligation to ensure they provide regardless of the type of law you practice, whether civil or criminal. Lawyers have an obligation to ensure they provide effective communication to clients with disabilities. Effective communication means providing Auxiliary Aids and Services, which can be different depending on the clients disabilities. The communication must also be effective both ways, from the client to the attorney and from the attorney to the client. The best way to understand what is effective for each client is to ask them. It is important that you pay attention to your client’s needs and statements. They may state that writing things down or lip-reading is not effective. Therefore, you can’t offer these as options. The most important thing that attorneys must be aware of is that lawyers are required under the ADA to pay for professional interpretation services. Insisting that a client who utilizes American Sign Language bring a family member or friend to interpret is not proper and also raises issues regarding attorney client privilege. There is also a CART service than can be provided for the hard of hearing, which will assist in reading. These charges cannot be charged back to the client and an attorney cannot increase his or her fees to handle the case of a disabled client.
We have an obligation as attorneys to provide professional, high-quality legal service to each client an potential client regardless of disability. Attorneys and disabled clients should do their best to communicate with each other to achieve this success.
ABOUT THE AUTHOR: James Frazier
James Frazier is an injury lawyer and accident attorney practicing for and representing only plaintiffs in auto accident and injury cases. James Frazier was born in Louisville, Kentucky and raised in Longwood, Florida, graduating from Lake Brantley High School. He earned his Bachelor’s Degree in Political Science at Florida State University.
James Frazier earned his law degree at Stetson University College of Law, where he was a member of the Mock Trial Team and a Student Government Representative. He was also active in the local community, performing pro bono legal work with Gulf Coast Legal Services for the citizens of Pinellas County, Florida.
Copyright The Nashville Law Firm
More information about The Nashville Law Firm
View all articles published by The Nashville Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
