In the 2022 employee census, 11 per cent of Australians identified as neurodivergent. Each company employs neurodivergent individuals, whether they are aware of it or not. The failure to recognise and support these individuals not only limits their potential but also hampers organisational growth. In recent years, there has been a growing recognition of the benefits of neurodiverse perspectives in various fields, including the legal profession.

Understanding neurodiversity

Neurodiversity is rooted in the idea that neurological differences should be recognised and respected as a social category, like gender, ethnicity, or sexual orientation. Neurodivergent individuals often bring unique skills and viewpoints that can enhance problem solving, creativity, and critical thinking. For example, individuals with ADHD may excel in high-energy environments, while those on the autism spectrum often exhibit exceptional attention to detail and analytical skills.

Instead of being “included”, those who are neurodivergent seek to be able to contribute in an environment that accepts and celebrates who they are.

Neurodivergent v neurotypical

Neurodivergent refers to having an atypical neurological configuration, for example, a person with a developmental disorder or mental illness. Several “recognised” types of neurodivergence include autism, Asperger’s syndrome, dyslexia, dyscalculia, epilepsy, hyperlexia, dyspraxia, ADHD, obsessive-compulsive disorder (OCD), and Tourette syndrome (TS). Left-handedness, gender identity disorder, homosexuality, bisexuality, and asexuality are sometimes also included.

Neurotypical is the opposite of neurodivergent. Neurotypical means being “neurologically typical” and within the typical (average) range for human neurology. However, like religious or philosophical differences, neurodiversity is often invisible, making its identification or diagnosis harder. A lack of awareness about this kind of diversity could result in colleagues, managers, or other professional collaborators not understanding the unique requirements of this population of workers. While estimates vary for different neurodiversity types, age groups, regions, and geographies, roughly 10 per cent to 20 per cent of the global population is considered neurodivergent.

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Sensory processing

Sensory processing involves the collection, integration, and interpretation of information from multiple sensory systems, including touch, movement, joint position, visual, auditory, smell, and taste. Everyone is a sensory being. It only becomes an issue when an individual’s ability to process sensory information interferes with functionality, which is when it can be classified as a sensory processing issue or disorder. This can lead to feelings of overwhelm, self-doubt, and ultimately anxiety. An occupational therapist (OT) can use an assessment tool called “A Sensory Profile Measure” to establish someone’s sensory preferences. That information supports the OT to tailor a “sensory diet” that will stop the overwhelm and combat anxiety in all aspects of life, including work.

The following factors can cause individuals to be more susceptible to sensory processing issues: fatigue, a physical health issue, an injury or pain, hormonal issues, stress, underlying mental health issues, and a diagnosis of ADHD or ASD, i.e. neurodivergent.

None of the factors above stop when the person enters their workplace; in fact, they may become more prevalent. It is also widely recognised that individuals who are neurodiverse or have the predisposition often gravitate to careers where they can provide a service to others. Thus, law is becoming recognised as an industry where they congregate in their droves, especially in the personal injury sector.

The legal profession: a snapshot

The legal profession has traditionally valued specific cognitive traits, such as strong analytical abilities, meticulous attention to detail, and effective communication skills. However, this narrow view can overlook the diverse cognitive strengths that neurodivergent individuals offer. As the legal landscape evolves, there is a pressing need for law firms and legal institutions to recognise and leverage the unique capabilities of neurodiverse professionals.

Why does personal injury law attract neurodivergent individuals?

Neurodiverse individuals often seek service and support roles, with a significant desire to help people and make a difference. Such roles can be a great fit for neurodivergent adults who thrive in dynamic environments with diverse problems and customers. These roles often provide the structure of clear expectations while offering the variety that comes with ever-changing challenges. There’s no specific research indicating that personal injury law attracts neurodivergent individuals more than other fields; however, it is plausible that they would be attracted to this area of law as it provides significant personal satisfaction when assisting someone who has been injured.

On the other hand, the demands among personal injury law for social interaction, negotiation, and managing emotionally charged situations might be challenging for some neurodivergent individuals to manage. Such individuals are likely to face an increased risk of burn out as they navigate situations in which their neurotype challenges them to handle.

General challenges faced by neurodivergent individuals in law

Despite the potential benefits of their unique contribution, neurodivergent individuals often face significant challenges in the legal field:

1. Stigma and misunderstanding: Many neurodivergent individuals encounter stigma or misunderstanding about their conditions, which can lead to isolation and lack of support within legal workplaces, e.g. they may find it difficult to adhere to an employer’s cost-effective strategy of using dictation for note-taking and receive criticism because they prefer to self-type – due to requiring that visual affirmation of a completed job.
2. Traditional legal recruitment practices: Standard legal hiring processes often favour traditional (maybe “antiquated”) interview styles that may not accurately assess the abilities of neurodivergent candidates. This can result in qualified individuals being overlooked for positions they would have been ideal for.
3. Workplace environment: Legal work environments can be stressful and highly structured, which may not be conducive to the needs of neurodivergent individuals. High sensory stimulation and rigid routines can exacerbate challenges. Many other professions are embracing the opportunity to create physical working environments that support neurodiverse people, such as breakout rooms, more natural lighting, opportunities to wear casual attire if not seeing clients, and the opportunity to work from home.
4. Limited support systems: There is often a lack of tailored support systems in place, such as mentorship programs or adjustments to accommodate different working styles, and this is not just isolated to the law profession. However, as a professional body that so obviously lends itself to a neurodivergent workforce, they are in a prominent position to lead by example.

The benefits of neurodiversity in law

Embracing neurodiversity within the legal profession can lead to numerous benefits:

1. Enhanced problem-solving: Neurodivergent individuals often approach problems differently, offering innovative solutions that may not be apparent to neurotypical colleagues. A preference for logical, systematic approaches is commonplace in law and somewhere that the neurodivergent individual can really have their time to shine.
2. Hyperfocus: The ability to dive deep into historical legal matters and maintain intense concentration can lead to exceptional productivity and attention to detail when completing research.
3. Logical reasoning: A preference for logical, systematic approaches commonplace in law shines in roles that require structured thinking and problem solving.
4. Attention to detail and focus: These traits are invaluable in roles where cases are complex and require assimilation of detail to prove a point. It also allows employees to compartmentalise different areas of the defence, giving strength to an argument.
5. Increased creativity: Diverse cognitive perspectives can foster creativity in legal strategies, marketing, and client engagement, setting firms apart in a competitive market. In a nutshell, neurodiverse individuals can often drill down quickly to what is trying to be achieved without the extra time-wasting discussion. Unique perspectives and out-of-the-box ideas can spark innovation plus drive a creative and diverse approach to representing clients from different backgrounds.
6. Broader client understanding: A neurodiverse workforce can provide better insights into the needs and experiences of a wider range of clients, enhancing client relationships and satisfaction. Obviously, neurodivergent clients will relate better to a lawyer who shares their construct.
7. Improved team dynamics: Research indicates that teams with neurodivergent individuals tend to perform better, with a wider array of skills and viewpoints leading to more comprehensive and effective decision making.
8. Increased productivity: one big benefit of an inclusive work culture is that it fosters different approaches to work and innovation. Teams with neurodivergent professionals in some roles can be 30 per cent more productive than those without them.

Strategies for neurodivergent inclusion in the legal profession

To harness the potential of neurodivergent individuals in the legal profession, firms can implement several strategies:

1. Revamp recruitment practices: Adopt hiring processes that emphasise skills over traditional interview performance. Consider alternative assessments that highlight candidates’ strengths.
2. Create supportive environments: Design workplaces that accommodate sensory sensitivities e.g. more natural lighting, and allow for flexible working arrangements, such as remote work or quiet spaces with comfortable seating within the office environment.
3. Implement training programs: Provide training for staff on neurodiversity to foster understanding and support for neurodivergent colleagues.
4. Establish mentorship opportunities: Pair neurodivergent employees with legal mentors who can provide guidance and support tailored to their specific needs.
5. Normalising neurodivergence: Encourage neurotypical employees to trial some of the neurodivergent stress strategies as being beneficial to all employees.
6. Encourage open communication: Create a culture where employees feel safe discussing their needs and challenges without fear of judgement.
7. Celebrate the neurodiverse contribution publicly: Embracing and applauding the contribution and benefits of having neurodivergent employees in a public forum to keep the conversation going.

Advertise a neurodivergent environment. Not only would this attract neurodivergent employees but also clientele who would feel that their needs will be more understood and met while they combat a delicate legal matter that has destabilised their lives.

Leaders in law recognise their own neurodivergent traits. Lastly, there needs to be more acceptance and discussion about neurodivergence with leaders in the law profession to foster acceptance and a culture of normalisation. Many business leaders have openly discussed being neurodivergent, but there is still room for more collaboration in this area.

By embracing diverse cognitive perspectives and implementing inclusive practices, law firms can not only enhance their performance but also contribute to a more equitable and understanding society. As the legal field continues to evolve, the incorporation of neurodivergent individuals will be key to navigating future challenges and opportunities.

Libby Thomas is a lawyer at Travis Schultz & Partners. Justine McKeogh is an occupational therapist and behaviour practitioner at JRTS Assessments.