By: *Anne Luquette, J.D. Candidate 2022 | February 24, 2021
According to The University of Sheffield, a person has a “disability” if: “[the person] has a physical or mental impairment which has a substantial and long-term adverse effect on [the person’s] ability to carry out normal day-to-day activities.” (I won’t even get into the question of “what is normal?”)
In law, “disability” is defined as “the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
But what disability means to actual people, to the lawyers and law students that use their knowledge and skills to enrich their education and zealously advocate for their clients, is another story entirely. For attorneys like Kevin Fritz, a Chicago lawyer practicing discrimination litigation, the experience of being a disabled attorney “[is] all about perspective.” He goes on to say: “Sure, my legs and arms do not work the same way that someone without my condition does … If you ask me to play tennis, I probably cannot do it. So yes I would be disabled in that fashion. But if you need me to be your friend, represent you in court, or kick your butt in a chess match, then maybe you are the disabled one!”
For a long time, not only was I hesitant to seek accommodations for my disabilities, but I was fearful of being defined by the word itself. Similar to Michael Liner, founder and managing shareholder of Liner Legal, LLC, a disability law firm, I agree with his sentiments that “the word ‘disability’ is a bit of a misnomer. The root of the word disability is ability. Adding “dis” in front of it seems to imply a lack of ability. I certainly don’t think I lack the abilities that my peers have. I think a better term would be diffability. Though my abilities aren’t lacking, they are unquestionably different than others around me.” Waukeshia Jackson, a best-selling author and partner in patent law, says she “simply do[es] things differently.”
For me, in this current moment, disability means an extra burden of paperwork along every single step on the way to becoming an attorney. For me, disability means having to constantly prove through records and pieces of paper that my experiences are valid, my diagnoses are not fraudulent, and that I deserve to have access to an education equal to those of my peers. For me, disability means a feeling of overwhelming isolation when confronted with a lack of a disability representative community and forced to advocate for myself on a frequent if not daily basis.
Through my uplifting experiences connecting with other law students with disabilities and accommodations, I have found power and community in identifying my own explanation of the word disabled.
I can only hope that my definition of disability will evolve with effective advocacy and change that leads to true equality of experience. I hope my definition becomes one that identifies a uniqueness in my way of living – my way of existing – that adds value not only to my life and education but also to my practice of law.
I am constantly looking for ways, regardless of how a person identifies themselves, to make legal education accessible and equitable – and I hope this organization at Berkeley Law can serve as a community to uplift and inform all legal educators and practitioners.
*I am currently a second-year law student at Berkeley Law. I have been diagnosed with OCD, ADHD, PTSD, dyslexia, severe anxiety and PCOS. Please contact me if you would like to speak about my or your own experience in law school.
