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Are there any tips for lawyers when interviewing people with intellectual disabilities?

I'm a new lawyer and I'm working in disability law. Are there any tips for assisting my clients with communication?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-10-2015
1 Lawyer Answered
View more Q&A on:
  1. Disability
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by LegalEagle™ staff, Northcote 3070 VIC

  • There are some guidelines for solicitors when interviewing clients with intellectual disabilities.
  • You should conduct the interview in a quiet location with limited distractions.
  • You need to clearly state who you are and why you are doing the interview. You may need to repeat yourself multiple times and express yourself in different terms.
  • You should try to be calm and natural in your communications.
  • Try to use simple language and avoid using legal terminology.
  • Try to adopt the person's own terminology. This will make them feel more comfortable and they will find you easier to understand.
  • If there is a support person present you should make sure that you still speak directly to your client rather than via the support person.
  • Make sure you allow more time for the interview than normal.
  • To check a person's understanding of what you have said you can ask them to repeat things back to you in their own words.
  • If your client is distressed or tired do not hesitate to take a short break.
  • Avoid using questions that suggest an answer. This means use open questions instead of leading questions.
  • Never raise your voice or get angry with your client.

 

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