Understanding Neurodiversity in the Legal Field

Neurodiversity should play an important role in your firm’s accessibility efforts. Here’s how to support neurodivergent people in the workplace.

By Alex Heshmaty

May 2025

Neurodiversity has existed inside and outside of the legal profession since time immemorial, but it's gained traction as a widely discussed social concept only over the past decade or so. In a nutshell, neurodiversity refers to the spectrum of neurological variation in the human brain that covers behavioral traits of individuals and their responses to various situations or stimuli.

It's important to distinguish between neurodiversity and neurodivergence; the former describes the diverse psychological makeup of everyone while the latter refers to brains that diverge from those who are considered “neurotypical.” In other words, everyone is neurodiverse, but only a certain percentage of people are neurodivergent. According to a YouGov poll, 19% of Americans identify as neurodivergent, and Edinburgh University estimates this figure stands at around 1 in 7 British individuals.

Autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD) are perhaps the two most discussed forms of neurodivergence (or “neurotypes”), but there are many others, including dyslexia, dyspraxia and obsessive-compulsive disorder (OCD). While some legislation (e.g. the Equality Act in the United Kingdom) classifies neurodivergence as a disability for purposes of anti-discrimination laws, some neurodivergent people think the term is more than a misnomer and prefer to focus on their strengths.

Neurodiversity in the Legal Sector

Although one may expect neurodivergence in the general population to correlate with the proportion of legal professionals, one study found that “just over 1% of U.S.-based law firm lawyers self-reported having any disability at all.” It is an open question whether this statistic is due to lawyers not wanting to report their neurodivergence, not classifying it as a disability or a true representation of lower rates of neurodivergence in the legal sector.

Any investment in encouraging more neurodiverse staff may reap dividends in the long run.

A survey conducted by Neurodiversikey provides some answers, finding that more than “three-quarters of neurodivergent lawyers have not disclosed their condition to employers to avoid discrimination.” Over half of the respondents claimed to have suffered discrimination in relation to their neurotype in the workplace, while just under half had experienced discrimination in legal education or training. Neurodiversikey warned that “entering legal practice is ... associated with increased risk of being refused or otherwise not provided reasonable adjustments in respect of neurotype(s).”

Many legal practices now have diversity, equity and inclusion (DEI) policies in place, some of which are designed to retain and attract neurodivergent members of staff — not purely to level the playing field, but also because they understand some of the unique qualities that neurodivergent employees can bring to a law firm. But there's clearly still a lot of work to do in the legal sector.

Hiring Strategies

The first port of call in opening a firm to a more diverse workforce is to address recruitment practices. John Bowers, Chief Executive Officer at Thompson Burton and a member of the Middle Tennessee Chapter, says, “Recruiting must explicitly target neurodivergent candidates to avoid candidates self-selecting out ... the interview process must be completely reengineered.” Bowers suggests an initial video call to provide better results than an in-person interview so that the interviewer may answer unfiltered, qualifying questions. “Provide practical questions that reveal qualifications to candidates ahead of time and avoid any ‘interview questions’ which yield pointless banter,” he suggests.

Further, the job descriptions should be clearly written, and recruiters should be trained to avoid any unconscious bias, according to Sarah J. Ennor, Founder of Growth Counsel. Ennor recommends providing short, jargon-free job descriptions so that the expectations of the role are clear, accessible and free from unconscious bias. “Train screeners and interviewers around similarity bias. This can prevent eliminating candidates for seemingly ‘unprofessional’ writing, behaviors or personality traits,” she says.

Managing a Neurodiverse Workforce

Success in attracting a more neurodiverse workforce needs to be followed up with effective management that considers the requirements of neurodivergent employees. Ennor highlights the importance of prioritizing individualized support needs over prioritizing standardized policies and procedures. A leader may find it difficult to see the value in requests if they filter them through their own experiences and assumptions, she says. “Focusing on desired outcomes goes a long way to making feedback clear, actionable and objective,” Ennor lays out.

Making any necessary accommodations doesn't need to result in additional cost, according to Bowers. One of his best patent drafting lawyers had been diagnosed with ADHD and dyslexia and asked to sit away from high-traffic areas, and the firm ensured he co-authored any marketing publications for both productivity and accountability. “Practical accommodations usually include zero additional costs to the firm,” Bowers emphasizes.

Success in attracting a more neurodiverse workforce needs to be followed up with effective management that considers the requirements of neurodivergent employees.

Neurodiversity Training for Management

To design and implement effective processes for hiring and managing a more neurodiverse workforce, some degree of training will normally be helpful for law firm management. “Leaders interested in such training should undertake training that is designed especially for onboarding, mentoring and coaching neurodiverse employees,” Bowers says. It's worth checking your local business school for any relevant programs.

Ennor notes that neurodiversity training should extend beyond management. “Begin broadly by unraveling the misconceptions and stigma,” she says. “Law firms are attractive to neurodivergent employees. These folks need both support and reassurance — they aren’t broken, they’re different.”

The Bigger Picture

Neurodiversity fits into the broader spectrum of DEI. “DEI done right removes the systemic barriers faced by all marginalized groups,” Ennor explains. “Good DEI practices recognize this and go beyond gender, race and sexuality. Firms are beginning to create programs and resources that include neurodivergence and disability.” Intersectionality is vital to individuals and benefits a firm’s success.

Any investment in encouraging more neurodiverse staff may reap dividends in the long run, according to Bowers. “In years to come, neurodiversity will merely be one of the characteristics of a strong team,” he says. Bowers emphasizes that leaders must be willing to put just as much thought into interviewing, welcoming and retaining neurodivergent employees as they would for star performers. “The investment should be worth it: Australia’s Department of Human Services reports that neurodiverse teams are 30% more productive than other teams,” Bowers notes.

About the Author

Alex Heshmaty

Freelance Writer
Legal Words

Alex Heshmaty is a U.K.-based freelance copywriter and journalist, specializing in law and technology. He runs content marketing agency Legal Words, offering blogging and content creation for a wide range of businesses, including law firms and IT companies. Heshmaty has written extensively about the impact of technological developments on both lawyers and their clients.

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