Please find below the NSBS answers to the Equity in Action Scenario: Accessibility Barriers in Will Execution.
Be sure to review the full scenario before reading the answers.
Questions:
- What accessibility barriers did Michael encounter throughout his experience?
- How did the firm fall short of its duty to accommodate?
- How could the lawyer and staff have better supported Michael to ensure informed consent?
- What systemic changes could the firm implement to prevent similar situations in the future?
Answers & Professional Conduct Connections:
1. What accessibility barriers did Michael encounter?
Michael experienced multiple, compounding barriers:
- Communication barriers: No accessible version of the will (e.g., large print, screen-reader compatible file, or audio review). The Law Office Management Communication Standard is located here: https://lians.ca/standards/law-office-management-standards/2-client-service/
- Physical/environmental barriers: Lack of navigation support in the office space.
- Attitudinal barriers: Dismissive or rushed responses to his accommodation requests.
- Procedural barriers: No process in place to follow up on accommodation requests in advance.
Professional Conduct Considerations:
Lawyers have a duty to provide competent and client-centered service, which includes reasonably adapting communication methods to meet a client’s needs.
2. How did the firm fall short of its duty to accommodate?
The firm failed in several keyways:
- Did not follow up after being notified of an accessibility need.
- Failed to provide the document in an accessible format.
- Did not ensure Michael had a meaningful opportunity to review the will.
- Created a pressured environment, undermining his ability to make an informed decision.
Professional Conduct Considerations:
Lawyers have an obligation to uphold human rights principles and avoid discrimination on the basis of disability. This includes a duty to accommodate to the point of undue hardship.
3. How could the lawyer and staff have better supported Michael?
Better practices would include:
- Confirming accommodation needs in advance and documenting them.
- Providing the will in accessible formats (e.g., large print, digital copy, or screen-reader compatible file).
- Offering to read the entire document aloud, not just summarize.
- Allowing extra time and ensuring the client does not feel rushed.
- Asking open-ended questions to confirm understanding and consent.
- Training staff on accessibility and disability inclusion.
4. What systemic changes could the firm implement?
The firm could:
- Develop an accessibility policy and accommodation procedures. The Law Office Management Standard on Equity and Diversity is located here: https://lians.ca/standards/law-office-management-standards/6-equity-diversity/
- Create standard practices for accessible document formats.
- Have the firm preform an accessibility audit to ensure barriers to accessibility are identified and resolved before an issue arises.
- Train all staff on disability awareness and inclusive client service.
- Build in intake questions about accessibility needs.
- Ensure physical and digital spaces are accessible by design.
- Appoint a staff member responsible for equity and accessibility compliance.