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Inclusive practice involves adapting communication, processes, physical environments, and expectations in the delivery of legal services to meet diverse client needs.

Executive summary

Inclusive legal services are essential for fair, ethical, and effective client engagement. Clients live with visible and non-visible disabilities, neurodiverse traits, cognitive differences, or trauma-related needs. Inclusive practice involves adapting communication, processes, physical environments, and expectations in the delivery of legal services to meet diverse client needs. It is a professional responsibility grounded in dignity, equity, and the recognition of differing abilities, strengths, and expertise – not an optional courtesy or a matter of political correctness.

When legal practitioners adopt a strengths‑based view of ability (in other words, focusing on what the person can do rather than what they cannot), they create environments where clients feel respected, understood, and empowered to participate meaningfully in their legal matters. This includes the use of clear, person‑first language (e.g., ‘person with a disability’ rather than ‘disabled person’); predictable routines; flexible scheduling; and accessible documentation. It also means knowing when to step back and refer clients to appropriate support services while maintaining professional boundaries.

Technology plays a growing role in enhancing accessibility. Tools such as screen readers, speech‑to‑text apps, hearing loops, captioning services, mobility aids, visual scheduling tools, and accessible virtual meeting platforms can significantly expand client independence and engagement. It is best practice for practitioners to ask clients what technologies they use with a view to integrate those technologies into service delivery where practicable, while also ensuring privacy, security, and legal reliability.

Inclusive practice also extends to relationships. Building trust—especially with clients who may fear or mistrust legal systems—requires empathy, consistency, and transparency. Often small adjustments, structured communication, environmental changes, and respectful boundaries can transform a challenging engagement into a successful and supportive legal relationship.

Facilitating inclusive environments for clients should be best practice for legal practitioners because it strengthens the quality of legal services, supports equitable access to justice, and recognises the full dignity and capability of every client. By embedding inclusive processes into everyday work, practitioners uphold the integrity of the profession while ensuring that all clients can participate confidently, safely, and effectively.

 

Introduction

Inclusion is a continual learning process. It requires understanding varied lived experiences, updating our language as terminology evolves, and adapting processes to meet individual needs. For legal practitioners, inclusive practice is about dignity, equity, and enabling every person to participate fully in the legal process and accessing justice – not political correctness. It also builds trust in the profession and ensures fair, accessible services. The language used and attitudes adopted by professionals have a direct influence on how individuals with differing abilities experience services. Shifting from a deficit-based view of “dis-ability” to a strengths-based view of “pre-ability”[1] allows us to recognise that everyone has skills, knowledge, and talents to contribute. This mindset supports environments where all clients feel valued, respected, and empowered to participate fully in the legal process. It can also extend to employees and setting up inclusive workplace environments.

This article provides definitions, examples, and strategies for creating inclusive environments, as well as an overview of technologies that support accessibility and inclusion.

How new technology empowers inclusive practice

Technology is rapidly improving accessibility, independence, and client engagement. Practitioners should remain informed on common and emerging technologies and check with clients about tools already in use.

Examples

  • Wearables – electronic devices worn on the body, such as smartwatches and fitness trackers, for reminders. Legal practitioners familiar with these devices can assist their clients by ensuring that future meetings (e.g. reminder for court dates) and tasks for the client (e.g. diary logs) have been activated on their client’s devices during their legal consultation, as part of the administrative preparation of their matters.
  • Remote interpretation services, such as video remote interpreting services offered by TIS National.
  • Virtual reality (VR) as a tool. For example, in matters where it is necessary to assist a client who is unable to attend an actual geographical location; for example, due to mobility issues; the use of VR can assist the client visualise a remote geographical space and be in that environment virtually. It may also assist in recreating an event, and perhaps enable the client to provide the legal practitioner with important and necessary factual information after visualising the space.
  • AI-powered assistants that adjust to communication styles. For example, new smart phones (and some dedicated notetaking devices) now allow for real-time live transcription of conversations in meetings. The visual aid of words spoken assists persons with hearing issues, or for individuals with cognitive difficulties understanding accents, to follow conversations in real time. Upon completion of the meeting, the AI features allow for immediate production of verbatim transcripts, summaries of the meetings and even a list of tasks or action items for the participants to be produced that can be emailed to the client for reference. Such AI-technologies have already been in place in many doctors’ consultation rooms and can easily be implemented in legal firms. Of course, it is important that ethical issues regarding confidentiality and client legal privilege, as well as privacy and security are appropriately addressed by the legal practitioner and client prior to use.

Principles for ethical use

  • Collaborate with clients about what works best.
  • Ensure any technology meets legal requirements (e.g., reliability when reviewing affidavits).
  • Maintain confidentiality, privilege, privacy and security. Where necessary, on-device AI processing can be selected (c.f. offsite or cloud-based AI processing).
  • Recognise that digital access and literacy are not universal.

 

Visible disabilities

Physical disability

A physical disability is a long-term or permanent condition affecting mobility, stamina, dexterity, or physical functioning. Disabilities may be congenital or acquired and may or may not be immediately apparent.

Example

Sarah uses a wheelchair after a spinal cord injury. She is independent but requires step-free access and an accessible meeting space.

Inclusive practice

  • Ensure accessible physical spaces (ramps, wide pathways, automatic doors, accessible toilets, lowered counters).
  • Communicate directly with the client, not their support person or companion.
  • Use natural language (“wheelchair user” rather than “wheelchair-bound”).
  • Offer assistance only after asking first.
  • Avoid touching mobility aids without permission.
  • Provide flexible meeting options, including virtual appointments.
  • Ensure accessible evacuation plans.

How technology can assist

Recent technology has revolutionised access for people with physical disabilities:

  • Accessibility mapping apps.
  • Voice-activated tools.
  • Mobility devices such as electric wheelchairs or adaptive driving systems.
  • Virtual consultations that remove travel barriers.

The above technologies assist individuals with physical disabilities who have trouble getting to a required location (e.g. court, law firm, remote crime scene, outback meeting location) by helping them get to the location in person or be there remotely.

 

Sight impairment

Sight impairment includes partial sight, severe sight impairment, and blindness. Each individual may require different adaptations.

Example

John has been blind since birth and uses a white cane. He prefers braille or digital materials compatible with screen readers.

Inclusive practice

  • Introduce yourself by name and identify others in the room.
  • Verbally describe the environment or physical layout.
  • Provide materials in accessible formats such as large print, digital text, or braille.
  • Ask before offering assistance.
  • Avoid distracting assistance dogs whilst they are working.
  • Use high-contrast or tactile signage.
  • Discuss with the client whether their needs should be communicated to the court or other parties for practical accessibility arrangements.

How technology can assist

  • Screen readers and braille displays.
  • Magnification
  • Optical character recognition (OCR) tools with audio readers.
  • AI readers that can describe illustrations or photos on a printed document in the spoken words

The practice of law largely requires the use of written documents in communication. For individuals with sight impairments, the above technologies can assist those individuals by converting existing visual material into a format that is accessible.

 

Hearing impairment

Hearing impairment includes partial or full hearing loss and varies greatly across individuals. Communication preferences vary and include spoken language, sign language, lip reading or written text.

Example

Jane is profoundly deaf and uses sign language as her primary language. She requires an accredited sign language interpreter for appointments.

Inclusive practice

  • Face the client directly when speaking.
  • Reduce background noise.
  • Speak clearly without exaggeration.
  • Provide written summaries of advice or instructions.
  • Arrange interpreters when needed.
  • Confirm understanding through open-ended questions.

How technology can assist

  • Real-time captioning apps.
  • Video relay services – a telecommunications service that enables people who are deaf, hard of hearing, or speech-impaired to conduct video telephone calls in sign language. It uses a qualified interpreter as a video intermediary—or relay officer—who interprets conversations between sign language and spoken language in real-time, allowing for natural, fluid communication. Although human interpreters are still standard for complex or sensitive calls, AI may soon be introduced. AI systems, currently in its infancy, can already analyse sign language through video streams, recognise gestures via deep neural networks, and translate them into synthesised voice or text for the hearing person.AI currently still lacks the ability to consistently interpret tone, sarcasm, or complex emotional context. There are also challenges with accuracy for specific signs, regional accents, or non-English languages. However, with its rapid and exponential advancement, this will likely change soon.
  • Hearing loops and assistive listening systems.
  • Visual or vibrating alert devices.
  • AI-assisted live transcription devices described earlier.

 

Invisible disabilities

Cognitive impairment

Cognitive impairment affects memory, attention, reasoning, or processing. It may be temporary (e.g., post-concussion) or permanent (e.g., dementia, brain injury, or intellectual disability).

Example

Adrian, in early-stage dementia, forgets appointments and instructions.

Inclusive practice

  • Use simple, direct language.
  • Repeat and rephrase key concepts.
  • Provide written or visual aids.
  • Allow extra time for decisions or responses.
  • Reduce distractions.
  • Use calendars, reminders, and checklists.

How technology can assist

  • Reminder or medication apps.
  • Wearables, such as smartwatches, that provide alerts.
  • Simplified tablets and interfaces.

 

Sensory and neurodiversity

Neurodiversity

Neurodiversity recognises that variations in brain function are natural. Neurodiverse individuals have unique strengths and may experience the world in ways that differ from neurotypical people. More extreme forms of neurodiverse conditions have been given medical labels for better clinical management of their condition, for example, autism, ADHD, dyslexia, or Tourette Syndrome. Those who have experienced, or are experiencing, elevated levels of stress and/or trauma can also be experiencing post-traumatic stress disorder or psychological issues coping with the stress, and these types of scenarios may also require specific adjustments. These conditions may influence communication, decision-making, and sensory experiences.

We note here the concept of augmentative and alternative communication (AAC). AAC is when a person uses something other than speech to communicate. They might use body movements or gestures; use sign and gesture or a computer or device; or use communication books or other printed material. Aided AAC is any external item used to aid communication and includes both high technology systems (e.g. AI-powered tools and speech generating devices) and low/light technology systems (e.g. object symbols, communication boards, books). Unaided AAC refers to communication techniques that do not require the use of an external aid (e.g. using eye contact, facial expression, body language, gestures and manual sign).

Example

Liam is an autistic client who experiences sensory sensitivities, especially to loud noises and bright lights. He informs his solicitor that he prefers written communication and predictable routines.

Inclusive practice

  • Minimise sensory triggers by using, for example, soft lighting and quiet rooms.
  • Offer communication options (written, visual aids).
  • Provide clear agendas and expectations.
  • Ask about personal preferences and adapt your approach accordingly.
  • The person may require written form of advice following an in-person conference.
  • Use the client’s strengths (his preference for written communication and predictable routines) to guide communication.

How technology can assist

  • Noise-cancelling headphones and other sensory regulation tools. These devices can help regulate the unnecessary environmental stimulus that the person receives, so that they can focus on the main stimulus (e.g. the legal and client discussions).

Whilst the earlier mentioned devices have been described in relation to specific physical impairment aides, it may also be applicable in the neurocognitive context to optimise a specific modality of communication or information input that is suitable for a person with specific neurocognitive needs. These include:

  • Visual scheduling apps for individuals who retain information better when relayed thorough visual rather than audio means
  • Text‑to‑speech or speech-to-text tools – for individuals who retain information better when relayed thorough audio rather than visual means

Example

Milo has engaged Vida for his complex family law matter and disclosed his hearing impairment. Vida asked about necessary adjustments, and Milo confirmed a preference to maintain eye contact and minimise background noise.

Over time, Vida observed additional behaviours—prolonged avoidance of eye contact, anxiety, and aggression when asked for immediate instructions. Instead of pushing ahead, she scheduled a dedicated meeting to check on Milo’s wellbeing and gently offered information about support services. She set clear boundaries, clarifying her role as his lawyer, not his therapist.

They created a structured communication plan:

  • Conference agendas sent on Fridays.
  • Processing time allowed until Wednesday for questions.
  • Written instructions provided by Friday.

Vida ensured a clear paper trail of advice and instructions. She arranged a hearing loop at court and showed Milo the layout, identifying private spaces for communication. She prepared him for the pace of court events and provided tools (pen and paper) to manage his communication comfort.

To build trust, she sometimes met Milo for coffee rather than in the office, maintaining boundaries while conducting the professional relationship in a more relaxed setting. She consulted a barrister—after gaining Milo’s permission—and briefed them on required adjustments.

Eventually, Milo’s GP diagnosed him with PTSD and autistic traits. He thanked Vida for her respectful approach, which helped him understand his needs. Vida sought support from the Law Society of NSW’s Solicitor Wellbeing Service (SoWell) and the Ethics Hotline as needed, ensuring she could maintain healthy professional boundaries.

Limitations and cautions

While technology is a powerful enabler, access to devices and digital literacy are not universal. Legal practitioners are not expected to know every technology that is available but should try to be familiar with the ones that their clients are using, and recognise and address any deficits or barriers with that technology.

Further guidance and resources

Inclusion works best when supported by collaborative practice. Lawyers are not mental health professionals, and placing clear boundaries protects both practitioner and client. When appropriate and permitted, working with a client’s care team can improve legal outcomes. If a practitioner ever feels concerned about a client’s capacity, behaviour, or their own safety, they should consult colleagues, professional bodies, or the appropriate authorities. The Law Society Ethics Unit also has a free, confidential hotline for guidance on ethical issues. For wellbeing assistance, the Law Society also provides, via the Solicitor Wellbeing Services (SoWell), a confidential counselling service for NSW solicitors.

Resources for reference:

Conclusion

Inclusion is essential to fair and effective legal practice. It requires respect, flexibility, and the ability to recognise each client’s abilities rather than their limitations. Through appropriate language, inclusive environments, and thoughtful use of technology, practitioners can create services that empower all clients. Inclusion is a continuous journey that is grounded in justice, dignity and equity.

This article was written by Dr Benjamin Koh and Marija Gurlica in consultation with Vaughan Roles and with editorial assistance provided by Rebecca Grant and Jade Tyrell. They are members of the Disability Initiatives Subcommittee of the Law Society of NSW’s Diversity & Inclusion Committee. Vaughan Roles and Jade Tyrrell also serve as Councillors of the Law Society of NSW.

 

[1] The term “pre-ability” recognises the fact that a condition does not automatically render a person disabled; it is as much a condition of the environment in which the person operates in. The term is a concept encountered by the author, Dr Benjamin Koh, over the years when he was managing paralympic athletes. By way of example, a short but average height person may be “disabled” if all the furniture were designed only to cater for very tall people; or a proficient manual worker with far-sighted vision would seem “disabled” if they were made to perform reading tasks without being equipped with reading glasses. Both examples would not be considered disabilities in the modern zeitgeist as society has recognised them as part of the spectrum of human norms. When we look at a person through the lens of “pre-ability”, we can create environments and opportunities to maximise their strengths.