H. Learning Disabilities
A learning disability is defined as a neurological dysfunction that interferes with the
brain's capacity to accurately store, process, or produce information, either spoken or
written or tactile. It is not caused by visual, hearing, or motor impairments, or by
intellectual or psychiatric disabilities. Learning disabilities are frequently found in
association with a variety of other medical conditions (e.g., Fetal Alcohol Syndrome and
Fragile X Syndrome).
Generally, individuals with learning disabilities have few obvious problems collecting
information, but they may experience difficulties screening, interpreting, recalling,
processing, or translating that information. Some specific learning disabilities are:
dyslexia (severe problems reading); dysgraphia (severe problems writing); dysphasia
(severe problems developing spoken language); and dyscalculia (severe problems doing
mathematics). While learning disabilities do not disappear, individuals living with them
can learn strategies to compensate for their disabilities.
Because learning disabilities are largely invisible, they are often not taken seriously.
Lawyers can demonstrate that they accept and respect their clients’ disabilities and
accommodation needs by inquiring as to whether accommodation is needed and in what
form.
Clients with learning disabilities may take more time than others to reason through a
situation or set of facts. Lawyers may need to provide accommodation in the form of
longer meetings with clients with learning disabilities. Other forms of accommodation may
include the provision, in advance, of a written schedule for a meeting, a written summary
of meeting minutes, reminders for meetings, or a written list of tasks to be completed.
Lawyers must discuss with their clients what forms of accommodation are desired when
the working relationship first begins. Accommodation measures can be assessed,
periodically, to determine whether they are working.