Neurodivergence isn’t uncommon in the legal profession but while the environment for such individuals is improving, there’s still work to be done towards full inclusion, as In-House Perspective reports.

‘The legal profession has always had neurodivergent individuals in it, including some who have had tremendous success, but it has always relied on those individuals overcoming challenges [and] overcoming the prejudices of others,’ says Loren Gesinsky, a partner at Seyfarth Shaw in New York and co-leader of the office’s Diversity and Inclusion Action Team. ‘But now what we’re talking about is trying to increase awareness so that the environment improves.’

Neurodiversity, according to the UK’s National Health Service, describes the differences in which individuals process information. There are many different types of neurodiversity, encompassing autism, dyslexia and attention deficit hyperactivity disorder (ADHD), for example. In the UK, it’s estimated that one in every seven people is neurodiverse. Meanwhile, as many as 48,000 out of 300,000 legal professionals in the UK may be neurodiverse, according to specialist psychological consultancy Lexxic. However, stigma may have historically prevented them from identifying as such, explains Ajay Singh Solanki, Website Officer on the IBA Diversity and Equality Law Committee.

Research carried out by Lexxic in the UK and published in 2024 revealed that more than 75 per cent of neurodivergent lawyers had opted not to share their condition with their employers for fear of discrimination. ‘It's not that people with neurodiverse characteristics have not existed in the legal fraternity, be it law firms or maybe the courtroom, but largely a lot of masking may have been happening,’ says Solanki, who's also a partner at AZB & Partners in Mumbai.

Many initiatives are trying to change that, including the Legal Neurodiversity Network, which was established in 2022 to create a sense of community and produce guidance for law firms. The Network already has over 4,000 members on LinkedIn, with representatives from law firms across the UK. Diversity Lab, an organisation that promotes diversity and inclusion within the legal sector, has also received over 100 pledges from firms in Canada, the UK and the US towards implementing its inclusion commitments on neurodiversity.

Stereotypes, says Yvonne Frederiksen, Conference Quality Officer on the IBA Diversity and Equality Law Committee, have led people to wrongly believe that neurodivergence can prevent someone from being a lawyer.

‘It's trying to get people to understand that difference isn't a weakness. Difference can be a strength and a different skill set that could be really impactful,’ says Richard Fisk, Senior Pro Bono and Inclusion Manager at Addleshaw Goddard in London and a co-founder of the Legal Neurodiversity Network. ‘If you drill down, some of the expressions of different neurotypes might be things like hyperfocus, attention to detail; all things that are really valued in the legal sector […] I would argue that, actually, there are probably a lot of neurodivergent lawyers out there because the sector blends itself to some of those expressions.’

While the sector is getting better at talking about neurodivergence, more needs to be done to create an environment where people feel they can disclose diversity and seek support that might help them in their work, Solanki adds.

It begins with job advertisements, says Fisk, who has advised legal firms to consider the language they’re using when recruiting into a position. ‘Avoid job postings that emphasise strong verbal communication, for example, for a role that doesn't necessarily need it […] If you’re interviewing somebody to come in to work on your mergers and acquisitions portfolio, that isn’t necessarily a key point,’ he says.

Then, during the recruitment process, steps must be taken to ensure a candidate feels able to disclose if they have neurodiverse characteristics, reassuring them that they won’t be discriminated against and that they’ll be accommodated if hired, says Solanki.

Then there are proactive steps law firms can take to ensure their employees have the tools they need and, if not, an environment in which they feel they can ask for them. ‘There is no law firm that is perfect when it comes to inclusion,’ says Fisk, adding that the first step is ‘understanding where your firm is, where it wants to get to, and how you make that journey.’

Addleshaw, for example, didn't initially have a narrative on neuro inclusion, says Fisk. It began by investing in education on the basics of neurodiversity. It then layered that with people's lived experience to bring to life what neurodivergence looks like in practice. It’s now exploring coaching for neurodivergent people. ‘Anyone at any point in their profession, especially a legal profession, would benefit from professional coaching to help them hone their skills, help them with their development, and overcome any barriers that they might be experiencing […] I'm keen on making sure that those opportunities are open to neurodivergent people as well,’ he says.

Solanki highlights the need for any training on neurodiversity to be available not just to those at management level, but all staff. ‘Sensitise them regarding what are probably the triggers of that person or maybe what are the accommodations that that person may require,’ he says. Accommodations might include changing the colour of template documents from bright white to off-white for those who experience dyslexia or offering quiet spaces for those sensitive to sound. Often, it’s not huge things that need to be changed, says Frederiksen, who's also a partner at labour and employment firm Norrbom Vinding in Copenhagen, ‘but what is important is to have the conversation’.

The Legal Neurodiversity Network’s guidelines categorise actions firms can take into ‘place, processes and people’. The idea is to ensure that the environment is inclusive, processes are flexible and that people treat each other with respect and feel comfortable sharing their experiences. Law firm Herbert Smith Freehills created the Ability Network to ensure its neurodivergent staff feel supported and have a forum in which to discuss what they need.

It’s important, says Fisk, that lawyers who are neurodivergent are able to be involved in conversations around what might help so that the workplace can adequately address needs. ‘There’s just so much value added when people feel safe to talk about who they are, and that goes across the board with inclusion,’ he explains.