Law firms look for competitive edge with neurodiverse thinkers

As competition in Australia’s legal sector remains fierce with supply of talent under pressure, law firms are being urged to tap into a large and mostly untapped pool of neurodiverse workers. With a range of skills suited to law, experts say firms can benefit from attracting and retaining staff who may think, act, and behave differently from the established norm.

That means big changes to how firms see the group as people who are neurodivergent, a term covering conditions like autism, ADHD, dyslexia and Tourette’s syndrome, have historically faced barriers entering, and thriving, in the workforce. That’s despite the cohort accounting for around 10-20 per cent of the global population.

According to the Australian Psychological Association, neurodivergent people often face workplace stigma and discrimination, as well as difficulties getting jobs, managing role requirements, and navigating work systems for neurotypical employees. They may also face difficulties stemming from miscommunication with colleagues and sensory overstimulation.

There are signs the tide is turning, with some of the world’s biggest companies actively recruiting neurodiverse workers in a bid to gain from their unique skills and abilities.

In the legal field, major law firms such as Herbert Smith Freehills, Addleshaw Goddard, Linklaters, Farrer & Co, Freshfields Bruckhaus Deringer and Bryan Cave Leighton Paisner have indicated support for retention and career progression of neurodiverse workers.

In Australia, neurodiverse people also look to be playing a bigger part in the world of work.

Australian Spatial Analytics (ASA), a not-for-profit enterprise that helps find jobs for young neurodivergent adults, says more firms are seeking out the previously under-used cohort. ASA says it has found careers for over 150 young neurodivergent adults since 2020.

The company’s chief people officer, Samantha Garbutt, says in many cases firms are finding neurodiverse workers a particularly good fit for roles involving lots of data.

“We have found that they have fantastic data analytics skills to make sense of large swathes of big data. Their ability to think critically, analyse complex information, and identify patterns with data is directly transferable to the law profession,” Garbutt tells LSJ.

“These skills can be invaluable in legal research and problem-solving. Neurodivergent people often possess exceptional attention to detail. In the legal space, this ensures accuracy in legal documents and case preparation.”

She says an ability for intense focus and concentration can also be assets in roles that involve long periods careful attention – a skill critical to much work in the legal sector.

Brisbane-based Garbutt also points to research suggesting that neurodivergent people are, on average, better at pattern recognition, accuracy, and diverse problem-solving.

“These skills are invaluable for the geospatial and engineering professions or any industry involving big data,” Garbutt says.

“Our data analysts apply their unique cognitive talents, such as attention to detail, pattern recognition and memory retention, to deliver faster and more precise ‘big data’ services.

Neurodivergent people (also) tend to be straight to the point and say what they think, which means ‘groupthink’ is minimised.

“Neurodivergent individuals may also offer fresh approaches, fostering innovation and creative solutions within the firm. Embracing neurodiversity can lead to a more inclusive and dynamic workplace, ultimately benefiting the firm’s overall success.”

Living on the Spectrum, an advocacy organisation launched by neurodivergent founder Anita Aherne, agrees that neurodivergent people can bring novel approaches to legal problems.

Aherne, whose organisation offers resources, products, and events for Australia’s neurodivergent community, says positives of these workers include lateral perspectives, problem-solving skills, and innovative thinking.

“These can be invaluable in complex legal scenarios,” the Victorian-based Aherne tells LSJ.

“Additionally, neurodivergent clients are likely to appreciate and prefer representation from a firm that understands their specific accessibility needs, making them more likely to choose such firms for their legal matters.”

Another plus, according to Aherne, is that when law firms “can communicate effectively with neurodivergent clients, it can lead to better outcomes and a deeper level of trust, ultimately benefiting both the clients and the business.”

“This not only drives client satisfaction but also enhances the firm’s reputation and success in a competitive market. In short, a diverse workforce is good for business and the client.”

At the same time, she cautions about getting to prescriptive on roles, saying there’s no one legal role best suited to neurodiverse people. Rather, “neurodiversity, like global diversity, includes a broad spectrum of experiences,” she says.

“The key is to match individuals to roles based on their specific skills and strengths, rather than focusing on their disability. Prioritize their capabilities and what they bring to the job.”

Adding neurodiverse workers to firm ranks can help in an under-pressure legal jobs market.

Global recruitment company Hays says the Australian skills market remains incredibly tight, with 88 per cent of employers experiencing a skills shortage, and 40 per cent saying it has intensified, and shortages widespread for lawyers.

The supply pressures are driven in part by robust demand for legal services nationwide, with total billable hours worked by the average law firm up 7.2 per cent in the first six months this year, compared to the corresponding period last year. What’s more, research indicates the legal market is set for future growth in many areas, suggesting staff shortages will remain.

Against this competitive backdrop, those backing neurodiverse workers say they represent a way to gain an advantage in the labour market.

Indeed, global consulting firm Deloitte makes this point in a recent report into how embracing neurodiversity can help create a better work environment for all workers.

It says hiring neurodivergent workers can be an “integral part of the solution” to the challenge of “limited labour” in white-collar roles.

“These professionals could not only help employers turn the tide on the current labour shortage but also bring into their organizations different and valuable ways of thinking and problem-solving that could lead to innovative solutions and give companies a competitive advantage,” Deloitte, in the 2022 report, says.

On this front, global law firm, Mewburn Ellis, believes the “outside-the-box” thinking of some neurodiverse people can be very useful in challenging cases without a clear path forward. Given their brains process information differently, such workers may be able to spot solutions that others can’t see, the law firm suggests.

“People with Autism Spectrum Disorders commonly have a highly focused interest in a particular subject or specialist area. In the legal and patent profession, this can be extremely useful as we often delve into niche areas of law or technology,” the firm says.

“Having people on the team who have highly focussed interests can help bring more detail and thoroughness to a task where it interacts with those areas.”

It also lists pattern recognition and perception and “hyper focus” as key assets to law firms. For firms looking to make the most of such skillsets, recruitment becomes a key issue.

Aaron McEwan, vice president of advisory at consulting firm Gartner, says law firms that want to attract and retaining neurodivergent staff need a candidate-friendly mindset.

“Unfortunately, neurodiverse candidates are routinely screened out of consideration as some commonly associated behaviours often don’t fit into mainstream ideas of the traits of a good employee,” McEwan tells LSJ.

“However, attracting and retaining neurodiverse talent has several benefits, including skills in pattern recognition, memory or mathematics, which can make it easier to hire skilled workers in hard-to-fill positions.

“Hiring diverse talent can also help cultivate a more inclusive workplace culture, helping to increase employee engagement, improve innovation, and support neurotypical and neurodivergent colleagues to work together effectively.”

Ensuring workplaces are psychologically safe spaces can also help attract the talent, he says, suggesting customised job ads that encourage neurodivergent candidates to apply.

“Include details that favour profiles with skills sets, over fixed roles. This can help increase the likelihood of being approached by and hiring best-fit candidates,” he says.

“When onboarding new talent, provide a video walk-through of what the office experience will look and feel like and share human interactions over factual information.”

JobAccess, a federal government hub for workplace and employment information for people with disability, also has advice in the area. It urges businesses keen to boost their number of neurodivergent workers to mitigate unconscious bias in the recruitment process.

To do this, it suggests, in advertising roles, to make sure they are focused on core skills, rather than soft skills like communication. Firms should also check AI-based recruitment programs to ensure data coded into them are not based on neurotypical candidates. Other tips are to be transparent about the recruitment process and to replace a typical face-to-face interview “with a test, task or simulation.”

“These simple tips can help give neurodivergent candidates an equal chance to show their fit for the role and thrive at work,” the government agency says.

Once the hiring challenges are met, “minor tweaks” can help a law firm bring out the best in neurodivergent people at work, according to ASA’s Garbutt. She says one easy move is to ask all staff how they can be supported to do their best work.

“This sidesteps any concern around disclosure and singling people out but provides a neurodivergent individual with the chance to advocate for their needs and put forward environmental or leadership adjustments to overcome their challenges,” she says.

“If this approach is underpinned by genuine intent to support from leadership, your entire firm will feel valued, and you’ll experience greater productivity.”

More broadly, she warns that singling out neurodiversity, without embracing other diversity initiatives, may mean firms end up missing the mark. That’s because neurodivergent people are more likely to belong to other marginalised groups, like the LGBTQ community.

“Hence, supporting neurodiversity will benefit from being part of your broader diversity, inclusion and equity strategy,” she says.

Managers also need help on the journey, Gartner’s McEwan says. Specifically, he urges firms encourage managers to collaborate in discovering neurodivergent individuals’ work styles and tasks that motivate them. It’s also important to set clear expectations for success, he says.

He also makes the point that “inclusive organisations realise that the physical location of the workplace must provide employees with the conditions they need to work at their best”, whether that’s in an office or at home.

“For example, having the option to work from home, away from fluorescent lights and the sounds of a busy open-plan office is critical. On-site work environments could also expose them to microaggressions, aggressions, biases and more,” McEwan says.

“By providing autonomy to choose the environment and conditions that work best for them, employers can go a long way to improving psychological safety.”

For Living on the Spectrum’s Aherne, accommodating neurodivergent workers long term starts with creating culture that makes them feel safe, especially to divulge diagnoses. That starts, according to the neurodivergence advocate, with firm leadership being open to change and committed to fostering an environment that doesn’t exclude difference.

Here, she recommends firms roll out education and awareness beyond token initiatives.

“It should be a continuous effort to provide information and raise awareness about neurodiversity throughout the year,” Aherne says.

Other measures are to create accessible communication, flexible working arrangements, proactive support mechanisms such as anonymous feedback systems or regular check-ins with management. It’s also critical to develop “clear policies” on accessibility and inclusion.

Above all, she urges those at the top of law firms to “lead by example.”“Leaders should model inclusive behaviour by openly discussing neurodiversity and other differences, demonstrating a commitment to understanding and supporting all team members.”

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