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Lawyer calls out ‘contradictory’ legal profession

A lawyer who is second generation deaf has spoken out about the discrimination she has received by the Australian legal profession, which she says is notably due to her disability.

user iconEmma Musgrave 20 December 2016 Corporate Counsel
Rebecca Adam
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WA Deaf Society CEO Rebecca Adam has been qualified lawyer for over 20 years but says she has not been able to practice law because she is hearing-impaired.

Speaking to Lawyers Weekly, Ms Adam explained she had been working one law firm in particular for around one year before they decided to let her go without any reason provided.

“After a year, they said to me ‘no, we're not going to have your contract here anymore, there's no opportunity for you’. I was so stunned, there were five or six other people and most of them got job offers [after their probation period]. I was the only one who didn't, obviously because I was deaf,” she said.

“For me, I thought everything was fine, relationships were working well, the client meetings went well, I went to court but they didn't give me a job and I was absolutely shocked by that, it really took me back.

“It was an experience for me to feel, for the first time, what it really meant to be a deaf person.”

Since then, Ms Adam said she has been unable to land any work as a legal professional.

“I kept knocking on doors, asking law firms [if they had any work available], and telling them ‘I can bring these customers to you, specifically’. After a year of doing that, I still had no job interview. I kept continuing, asking, asking, asking all the time but still no fruits. So I had to leave the legal profession and I was very, very sad,” she said.

“I understand in life sometimes you have to be flexible and think about which pathway you go down, and deal with the obligations and blockages that you have, but this one, specifically for me, was based on bad attitudes, and based on incorrect perceptions regarding deaf people and their ability to provide to the legal profession.

“I was seen not as someone who could provide a better environment in the legal system for deaf people, I was seen as not being able to provide a service … I think [the profession] should be accountable for why they didn’t allow or even try to give a deaf person a go.”

However, Ms Adam noted that it isn’t just those who are deaf that get discriminated against in the legal profession, but also those that are blind.

“I have met a blind lawyer who works in the office doing data entry or answering the phone,” she said.

“She was a qualified lawyer too, but she's not practising law because there's no opportunity for them. The legal profession is not willing to give them an opportunity.”

Ms Adam added that the emphasis law firms put on diversity and inclusion is “contradictory”.

“I'd really like to shake up the legal system and encourage law firms to think about their responsibility to Australian society to make sure that their workforce reflects the rich diversity in the Australian community and the contribution that can be given to Australian society,” she said.

"They need to start thinking about employing people from different backgrounds and stop thinking about all the funding and financial part of it and saying it can't be done.

“Because when you have diversity it represents a diverse community, it makes an impact on your bottom line and in more than one way.”

Herbert Smith Freehills is working to combat the discrimination of those with a disability, announcing it launched an Australian Ability Network on 13 December.

The Australian Ability Network aims to support employees with a disability, as well as those caring for someone with a disability.

Herbert Smith Freehills regional managing partner – Asia and Australia – Sue Gilchrist said the creation of the network is an integral part of the firm’s global diversity and inclusion strategy.

“We celebrate our similarities as well as our differences, and the Australian Ability Network will ensure that people with a disability feel safe and supported whilst also providing the practical resources needed to allow all people at the firm to thrive,” she said.

 

 

Emma Musgrave

Emma Musgrave

Emma Musgrave (née Ryan) is the managing editor, professional services at Momentum Media.

Emma has worked for Momentum Media since 2015, including five years spent as the editor of the company's legal brand - Lawyers Weekly. Throughout her time at Momentum, she has been responsible for breaking some of the biggest stories in corporate Australia. In addition, she has produced exclusive multimedia and event content related to the company's respective brands and audiences. 

Prior to joining Momentum Media, Emma worked in breakfast radio, delivering news to the Central West region of NSW, before taking on a radio journalist role at Southern Cross Austereo, based in Townsville, North Queensland.

She holds a Bachelor of Communications (Journalism) degree from Charles Sturt University. 

Email Emma on: Emma.Musgrave@momentummedia.com.au 

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Comments (5)
  • Avatar
    Lets be real - you've got to choose a profession based on your abilities, and sadly sometimes this is physical. I am a fat old man, I cant be a sportsman as much as I love Cricket - it's a physical disability that I have so I have chosen to be a lawyer instead (where fat old men are more the norm).

    The same is true for a pilot - do you want a blind pilot?

    Sadly, the legal profession requires us to have our eyes and years working to perform our job. I think its an inherent requirement. It probably requires us to have little else working. So yes, whilst I feel sorry for this lady its simply a 'reality of the job'.
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    • Avatar
      Actually, there have been several successful blind lawyers in Sydney. I'm not sure how you would work around deafness, but if you can get a law degree, you can work. The main prerequisite to work in law is a modicum of intelligence.
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  • Avatar
    Please be advised that the term, “hearing impaired” is unacceptable. Here is the explanation:

    The term "Hearing Impaired" is a technically accurate term much preferred by hearing people, largely because they view it as politically correct. In the mainstream society, to boldly state one's disability (e.g., deaf, blind, etc.) is somewhat rude and impolite. To their way of thinking, it is far better to soften the harsh reality by using the word "impaired" along with "visual", "hearing", and so on. “Hearing-impaired” is a well-meaning word that is much-resented by deaf and hard of hearing people. This term was popular in the 70s and 80s, however, now is used mostly by doctors, audiologists and other people who are mainly interested in our ears "not working."

    While it's true that their hearing is not perfect, that doesn't make them impaired as people. Most would prefer to be called Deaf, Hard of Hearing or deaf when the need arises to refer to their hearing status, but not as a primary way to identify them as people (where their hearing status is not significant).

    We are deaf, and not people with impairments (obstacles) in life!

    Hope that you and your people respect by refusing to use the outdated and offensive term. Hearing loss is more acceptable for everyone who is not just deaf.
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    • Avatar
      Talk about being damned if you do, and damned if you don't.
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    • Avatar
      Anonymity is often never heard, as it appears insincere. Especially when you couch your 'advice' in such 'unacceptable' terms. I am very well educated, yet have never been presented with this discussion of the eligibility of 'hearing impaired'.

      And that includes being involved in a "UN Conference on the Rights of the Disabled", where this was not a discussion topic, albeit may not have been in its ambit.

      Perhaps, like the author you are apparently supporting, you can make an effort to champion the cause in a more public forum, with positivity and personal identity disclosed, as opposed to btiching in the negative.
      0
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