Elon Law Professor Hannah Vaughan, director of the Law School’s Elder Law Clinic, authored “Falling On Deaf Ears: Lawyers’ Obligation to Provide Sign Language Interpreters for Deaf Clients.” Vaughan’s article appears in the December issue of Gray Matters, a publication of the North Carolina Bar Association’s Elder and Special Needs Law Section.
“The Americans with Disabilities Act (ADA) forbids discrimination against individuals with disabilities in a variety of different settings.,” Vaughan writes. “Title III of the ADA prohibits discrimination in privately operated places of public accommodation. Private Law Firms (including small firms and solo practitioners) are considered places of public accommodation within the Act. This means that attorneys cannot discriminate against clients or prospective clients because of their disability. Law firms must make reasonable modifications in the provision of services in order to effectively communicate with clients and prospective clients who have communication disabilities. Attorneys must provide auxiliary aides and services in order to facilitate effective communication and they must do so at their own expense. An attorney cannot refuse to take on a prospective client because of the anticipated cost of providing an accommodation such as an interpreter.”
In the article, Vaughan reviews lawyers’ ethical obligation of communication with clients, the limited hardship exception within the law requiring lawyers to accommodate deaf clients’ communication needs, avenues for client recourse should an attorney refuse to provide accommodation, and financial assistance available for lawyers to pay for the provision of auxiliary aids.
More information about Elon Law Professor Hannah Vaughan is available here.
Information about Elon Law’s Elder Law Clinic is available here.