Law Times

Law Times • December 5, 2011 NEWS PAGE 5 Law firms ready for accessibility standards L BY KENDYL SEBESTA Law Times aw fi rms say they're ready as the deadline for new customer service stan- dards under the Accessibility for Ontarians With Disabilities Act approaches. "We've created our own pol- icy and are undertaking train- ing with a provider," says Sunil Kapur, a partner at McCarthy Tétrault LLP. "It's actually very easy. I can't imagine anyone say- ing that it's onerous. Th e legis- lation itself also speaks in very broad terms, which gives us the fl exibility to create our policies and procedures accordingly." Companies, including law fi rms, have until Jan. 1, 2012, to implement the new stan- dards. Th ey require them to cre- ate policies, plans, and proce- dures to make sure services are easily accessible to people with disabilities. "I think it's directed at a very good goal," says Kapur. "And I think the early compli- ance dates should be easy." Under the new regulation, fi rms with 20 or more employ- ees, including support staff , paralegals, law clerks, and as- sociates, must create documents detailing their policies and have copies available for anyone who wants to see them. Th ose documents must in- clude guidelines for accessing legal services in a way that re- spects the dignity and indepen- dence of people with disabili- ties; ensures they can access the same legal services as others; and provides the same opportunities and benefi ts as other clients. To do this, fi rms can take a variety of approaches, including increasing accessibility for cli- ents with personal oxygen tanks and hearing aids or by provid- ing text telephone lines. Firms must also update their communications by, for example, using plain language in documents to be more re- sponsive to people with learn- ing disabilities or off ering audio formats of printed materials, according to guidelines on the act issued by the Law Society of Upper Canada. Under the new standards, fi rms must ensure that clients requiring help from support people can enter and stay with them during legal consulta- tions and services. In addition, clients who require service dogs must also be able to have them accompany them. If ser- vice animals aren't allowed in certain areas, fi rms will have to come up with alternatives, the guidelines state. "It's interesting in the sense that it's asking members of the Ontario bar to think about how lawyers interact with people that have disabilities," says Ellen Swan, an associate at Davis LLP. "When you're working with a client who is using a support person, for example, just who is a part of that client-lawyer re- lationship must be made clear, which may overlap into other areas as well." According to the new stan- dards, fi rms must undertake training activities, including providing instructions on how to communicate with people with various types of disabilities and how to interact with those who use assistive devices. "Th e training itself really doesn't take very long and is very easy," says Kapur. "It ba- sically involves learning from slides and because we use our own provider, it only costs about $10 a person." At the same time, fi rms must make it easy for people with disabilities to provide feedback about their services. Th ose with 20 or more employees have to provide a written document al- lowing for feedback to anyone who makes a request. How law fi rms set up that feedback process is up to them but they must fi le a publicly available accessibility report annually with the director ap- pointed under the act. Th ey can 'I can't imagine anyone saying that it's onerous,' says Sunil Kapur. be subject to investigations and administrative penalties if they don't comply. Firms with less than 20 em- ployees are exempt from fi ling. While they don't have to pres- ent certain written documenta- tion on their policies, they must abide by all other accessibility standards by Jan. 1. In the meantime, both the law society and the Ministry of Community and Social Ser- vices have created guidelines and sample policies to help area fi rms abide by the new regula- tion. "Th e guide, which in- cludes a model policy, is meant to provide a user-friendly and practical tool that is applicable to law fi rms and legal organi- zations," said LSUC spokes- woman Susan Tonkin. "Its goal is to assist law fi rms in under- standing their legal obligations under the accessibility standards for customer service regulation and develop their own internal policies." Tonkin added that in gen- eral, the new standards will require law fi rms to consider people's disability when com- municating with them; allow assistive devices in the work- place; permit service animals; welcome support people; let cli- ents know when accessible ser- vices aren't available; and invite them to provide feedback. So far, major law fi rms say they're embracing the stan- dards. "At this time, we're looking to apply the policy standards we've created here nationally," says Christina Hall, a partner at Fraser Milner Cas- grain LLP. "Th e policy ensures persons with disabilities have fair and equal access to services and are treated with respect and dignity . . . and there's no reason why that policy can't ap- ply to our national fi rms." Hall adds that FMC has al- ready completed the policy and procedural guidelines required under the new standards and plans on putting more long- term provisions into eff ect in the future. 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• Risky Reports
• Focus on ADRI Mediation