Disability Law Primer (PDF) - ARCH Disability Law Centre

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of energy or anger, or a communication that is not understood. All of these may be
aspects of the disability or side-effects of medication. Lawyers should inquire of clients as
to any such side-effects, so that accommodation can be provided, both in a law office and
in court. It is important to be respectful, patient, flexible, understanding and positive when
interacting with people with mental health/psychiatric disabilities. Resist the tendency to
focus on the person’s behaviour and instead focus on the overall goal of the
conversation.


People with mental health/psychiatric disabilities may occasionally have difficulty
concentrating. If this is the case, consider breaking down tasks into manageable steps
and arranging shorter meeting periods. Written instructions, reminders and clear
communication can facilitate interactions and address memory loss and concentration
concerns.


G. Intellectual/Developmental Disabilities


There is some controversy about appropriate terminology in the context of
intellectual/developmental disabilities. However, in current practice the two terms,
“intellectual disability” and “developmental disability” are frequently used interchangeably.
At ARCH we prefer, “people who have been labeled with an intellectual disability”.


Generally, intellectual/developmental disabilities are present from childhood, and can
affect a person’s intellectual development and functional capacity in areas such as
language, mobility, learning and self care.


In the past the terms “mental retardation,” “dumb” and “slow” were used to describe these
disabilities, but are now avoided because they carry such pejorative, discriminatory
connotations. Lawyers can accommodate their clients with intellectual/developmental
disabilities by ensuring that appropriate, dignity-enhancing language is used to describe
the disabilities.


It is often assumed that individuals who have been labelled with intellectual disabilities
are incapable to instruct counsel by virtue of their disability. This assumption is not
necessarily true. It is important that a lawyer assess each client’s capacity individually.

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