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Lawyers are required under federal law (as well as many state laws) to provide deaf and hard of hearing people with equal access to their services. Title III of the Americans with Disabilities Act (ADA) requires public accommodations (which includes lawyers’ offices) to provide equal access to their programs and services. 42 U.S.C. §§ 12181-12183. Moreover, public accommodations are required to provide “appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities.” 28 C.F.R. § 36.303(c). These auxiliary aids and services include the provision of “qualified interpreters, notetakers, computer-aided transcription services, written materials,€ or other effective methods of making aurally delivered materials available to individuals with hearing impairments.” 28 C.F.R. § 36.303(b)(1). Deaf and hard of hearing people are not to be charged for such accommodations. 28 C.F.R. § 36.301(c). While there may be several ways to communicate with a deaf or hard of hearing client, it is important that the communication be effective especially when a lawyer is discussing complex legal issues with a client. To better ensure that a client fully understands the legal options and risks, a lawyer would be well served to grant the client’s preference in terms of the communication mode provided. More information about lawyers’ obligations to provide communication access to deaf and hard of hearing clients is available at the website of the National Association of the Deaf (NAD). To help lawyers with these communication needs, MCLD can serve as a resource. |
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| The information provided on this page was prepared by the Midwest Center on Law and the Deaf as a resource and information guide, and is not legal advice. Persons reading this website are encouraged to consult an attorney or an enforcement agency for legal advice on how specific laws may apply to a particular situation. MCLD can assist you in locating the appropriate attorney or enforcement agency. Midwest Center on Law and the Deaf, Chicago, Illinois, USA © MCLD 1999-2003. All rights reserved. |