Disability, risk and the law – punching through prejudice… and one or two hedges!

Feb 24, 2025
5 min

Recently Adam Pearson, who starred in 2024’s “A Different Man”, argued that the film industry must stop seeing disability as a “risk”. The actor and campaigner who was cast alongside Sebastian Stan in the movie was being interviewed on the red carpet at the Bafta’s. Adam, who has neurofibromatosis commented that,

“Nowadays, for some reason, disability is seen as a risk. I don’t know where that comes from,”

“Maybe people struggle to separate disability and inability,” he suggested. “We need to finally lower the drawbridge,” he went on “and get disabled actors and our differences on set and let their talent shine for itself.”

His words struck a chord. The sentiment that disability is treated as a risk not merely by Hollywood, but by society in general, is something I have felt on many occasions.

Growing up, some people literally saw me as a menace to health and safety! I remember being told the story that my parents were turned away from enrolling me in one school as it was feared that my cerebral palsy might represent a ‘fire hazard’. It’s true, as a young boy I could never be trusted with a sparkler or indeed any naked flame, but I assure you my pyrotechnic tendencies had nothing to do with my rather wobbly legs!

Years later, the examiner who assessed my driving abilities told me rather begrudgingly that whilst I had passed (with one minor!), he was considering limiting my licence. His concern arose from the view that I might be a danger to other road users if I ever decided to get behind the handlebars of a moped! Those who know me will be aware of my many close shaves on two wheels. And yes, there was an incident where I drove my uncle’s rather decrepit scooter straight through a hedge. But this was more down to my reckless teenage love of speed (and very poor brakes!) than my inability to ride.

Thankfully, when it came to securing a training contract, I was fortunate to find a law firm that did not take such a risk-averse approach. In my intake of trainees in 2004, I can remember at least one other colleague who had a physical disability. There may have been more as not all disabilities are visible. Looking back, my old firm appears to have been way ahead of the curve. I’m not so sure the legal profession, as a whole, has moved on as much as it should, however.

In January 2025, the Solicitors Regulation Authority reported that whilst there has been an increase in the proportion of disabled lawyers, from 3% in 2015 to 6% in 2023, there is still significant underrepresentation compared to 16% in the UK workforce.

Furthermore, it is clear that some lawyers may still feel reluctant to disclose disabilities for fear of discrimination or being disadvantaged in the workplace. In a 2020/21 report by Cardiff Business School, (“Legally disabled? – The career experiences of disabled people working in the legal profession”) 66% of barristers and 59% of solicitors and paralegals who were surveyed stated that they were disabled when they started their training. However, only 1 barrister and 8.5% of solicitors / paralegals were confident to disclose this when they made their application.

Whilst there are improvements in terms of representation in the profession for other minority groups, which is great to see, disability seems to lag behind. Is it that the most risk averse of all the professions considers disability as too much of an unknown? I tend to think so. The number of times I have heard the phrase “so long as they can do the work, we wouldn’t have any issue” is too many to count.

More worryingly, these attitudes seem to have taken root in the legal recruitment sector. The ‘Legally Disabled?” paper noted that only 9.7% of disabled solicitors and paralegals reported a positive and supportive response when applying for law jobs through legal recruitment agencies. Sadly, I have spoken to too many candidates who have told me that they have been advised not to disclose a disability at the application stage.

This is something I would never advise for so many reasons, but it’s not all that difficult to understand how this attitude has developed. I have heard all sorts of feedback from candidates over the years: from interviewers who seemed exasperated by an applicant’s stutter to other tactics such as cutting an interview to just 15 minutes. There’s no proof this was down to the individual’s disability, though the candidate hardly had time to be judged on anything else.

There are positive stories of course. I also feel that there is far more attention focused on building awareness and the advantages of diversity, equity and inclusion. There is also a greater appreciation that tracking diversity targets is only half the story. To really crack the issue, the key is to create a real culture of belonging.

But the figures do reveal a stark truth. To echo Adam Pearson, it’s high time we stop seeing disability as risk. Lawyers at any level should never be fearful to disclose that they have a disability or feel worried to ask for support. Disability is not inability and the law will become an ever richer profession in further seeking to encourage this community into its ranks.

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