ISBA Inclusion Reference Guide

The legal community’s guide to inclusion through intentional language and action

This guide aims to provide general support for legal professionals seeking to become more inclusive of their clients and colleagues. It is meant to provide tangible information for people wishing to be more inclusive but who need a starting point.

PDF Inclusion Reference Guide
Click here to read the printable PDF version of this guide.

The Fine Print

This guide aims to provide general support for legal professionals seeking to become more inclusive of their clients and colleagues. A few specific caveats to note:

This guide is not an advocacy piece. It’s meant to provide tangible information for people wishing to be more inclusive but who don’t know what to say or do.
Defer to this guide in the absence of knowing a person’s specific preferences. Individuals may find certain behaviors or terminology inappropriate depending on their unique perspectives and experiences. Always defer to each person’s preferences. If you don’t know their preferences, ask them.
This guide isn’t all or nothing. If there is a section of this guide you’re not into, skip it. If there’s a tip you don’t agree with, ignore it. Use this guide in a way that works for you.
Culture changes by region. Acceptable behaviors and terminology may vary from the west coast to the east coast and throughout the United States.

This guide was published in March 2024. Culture, terminology, and best practices change over time. We aim to update this guide as appropriate. See the Submit Updates to This Guide section to share an update.

About This Guide

The Power of Language

A hallmark of the legal profession is using precise language to convey exactly what we mean.

While many attorneys and judges have good intentions, it can be daunting to try to be inclusive. You may have questions such as:

What are the definitions of certain words I’ve been hearing lately?
Is there any language I should avoid?
What is a respectful way to phrase my question?
What should I say when I make a mistake?

By reviewing this guide’s answers to these questions and more, attorneys, judges, law students, and legal staff can be as precise in addressing people as they are in drafting the terms of a contract.

How to Use This Guide

Skip a section if you’re not into it.
This guide is broken into four sections: Ethnicity, Gender Identity and Sexual Orientation, Disability, and Language. If there is a section you’re ready to embrace, start with that one. If there’s a section you aren’t ready for, then skip it.

Start small. Like, really small.
You don’t have to attempt all of the tips all at once. Pick one and try it on for size. Spend a couple of weeks before jumping to another suggestion. The power of inclusivity is that as long as you are intentionally shifting your behaviors, even as small an action as changing how you start a meeting can make a huge difference.

Get comfortable being uncomfortable.
This work is difficult. It can be hard to hear how our actions harm others; it’s even harder to be open to accepting that truth and committing to doing better rather than being defensive and digging in. To really learn, you’ll have to step outside your comfort zone, engage in conversations that challenge your beliefs, and be willing to change your viewpoint. You might come across some harsh truths. You will make mistakes.

But remember: “Progress and growth come from challenging ourselves, even when the topic makes us uncomfortable. Accept that we are learning, not learned.” (Hon. Darrin Dolehanty, “Uncomfortable About Racism? Good, Most of Us Are”)

Practice active listening.
Seek out conversations that challenge your worldview, and make sure you’re actively listening to what others have to say.

Focus on understanding another person’s point of view instead of planning your next response.
Ask questions when someone describes an experience you haven’t had. Don’t immediately jump in with your own personal stories.
Paraphrase what they’ve said to make sure you fully understand their intent. Try something like, “If I understand you correctly…” or “I may be wrong, but what I’m hearing is…”

Grab a friend to help you out.
Practice articulating what you’re seeing, hearing, and learning with a trusted friend who won’t be harmed by helping you work this out. Share your concerns, the mistakes you’ve made, and the challenges you’re facing. Sometimes a little bit of practice and extra clarity—in a safe space—is all you need.

Don’t let the fear of saying the wrong thing keep you from trying.
Give yourself grace for missteps. You will make mistakes, but that’s part of the learning process.

Check Your Unconscious Assumptions

Making assumptions is human. But to minimize unconscious bias, you must first learn to identify it. Review the below assumptions. Consider these thought patterns and reflect on what additional biases you may have.

If you walked into a criminal courtroom and saw two white men, one white woman, and one Black man all sitting and waiting for the case to be called, who would you assume are the lawyers, assistants, and defendants?
If you walked into the lobby of a law firm and saw a woman and a man standing there, who would you assume is the attorney, and who would you assume is the paralegal?
When you work with a person who shares your gender and learn that they identify as LGBTQ+, what are your knee-jerk reactions?
Do you avoid placing attorneys who identify as LGBTQ+ as leads on projects because you are concerned about what potential clients might think?
Do you avoid placing women as leads on projects because you are fearful that they may become pregnant and you will have to find someone to fill in during their maternity leave?
Do you unintentionally give more credibility to attorneys from prestigious law schools?
What assumptions do you automatically make when you begin working with a person who is older than you versus someone who is younger than you?
Have you ever had a thought that a colleague from a marginalized group “only got the job because they are ‘diverse’”?

When You Make a Mistake

We have all made mistakes. This is a continual learning process where you’re trying to retrain your first instinct, so mistakes are bound to happen.

Sometimes our embarrassment or uncertainty can make us want to ignore the situation. However, acknowledging your blunder can go a long way in remedying the mistake and demonstrating that you’re open to learning and improving. If you aren’t sure if what you said or did was offensive or not, return to the person and ask what their preference is. The important thing is to work on avoiding the same mistake again and using the person’s preference in the future.

Here’s some language you can use when you’ve realized something you’ve said or done was offensive, whether it was intentional or not.

Address it immediately in the moment.

“I’m sorry, I just said X, but I think Y is more appropriate.”
“I’m realizing that probably wasn’t the best phrasing to use, but I’m honestly not sure what the most inclusive phrase is. Could you make a suggestion?”
“I realize I didn't reference you in the way you have asked me to. I apologize and will do better in the future.”

Reconnect with the person later/in private.

“I wanted to touch base because I’m worried the language I used when describing X was not very inclusive. I’m still learning, but I think the more appropriate language would have been Y. Do you agree?”
“I wanted to say that I’m sorry for X. I’m still learning about inclusivity, but I realize that probably wasn’t very appropriate.”
“I was thinking about our meeting, when I said/did X, and realize that may have made you feel uncomfortable. I’m sorry for saying/doing that.”
“I should have thought about this ahead of time, but I realize X may not be the most accessible for you. Can I do anything to be more helpful in the future?”

When Others Make a Mistake

Hanlon's Razor states: “Never attribute to malice that which can be adequately explained by neglect, ignorance, or incompetence.”

Mistakes are inevitable and often a result of not knowing rather than intentional discrimination. Regardless, it’s important to speak up to help others learn from their mistakes.

Address it immediately in the moment.
Addressing someone’s mistake in the moment can create tension, but it also creates an opportunity for that person to clarify their statement and avoid any misunderstandings. It also has the benefit of defending the recipient of the mistake, which demonstrates respect and value for everyone in that space.

“What do you mean by that?” (This gives the person a chance to clarify any misunderstandings.)
“I’ve heard/experienced differently” or “I’m not sure that reflects my experience.” (This subtly challenges their statement and opens up room for a conversation.)
"Just a reminder for all of us that X [insert correct identification such as pronouns, name pronunciation, etc.].”

Reconnect with the person later/in private.
Addressing someone else’s mistake privately helps limit the embarrassment or guilt that person feels, and it allows them to focus on the mistake made rather than the fact they were called out in front of their colleagues.

“I wanted to reconnect about when you mentioned X. I’ve been learning about inclusivity, and I think that might be considered offensive.”
“Hey, you said X yesterday. I know you didn’t mean it maliciously, but that’s considered offensive. I just wanted to let you know so that you aren’t caught unaware in the future.”

About Inclusivity

How can one attorney on their own actually make an impact on the diversity landscape of the legal profession?

We get it. It feels impossible. The number of committees, councils, task forces, and commissions dedicated to enhancing diversity in the legal community alone is overwhelming—let alone the time, financial ability, emotional capacity, and mental energy diversity work can take. It’s tempting to just leave it to the experts and leaders, let them solve our equity problems. How can one person make an actual difference anyway?

It's possible, though. The everyday lawyer can make an impact.

ISBA’s members have contributed diversity, equity, and inclusion expertise via group conversations, CLE courses, and articles. We’ve distilled their wisdom and suggestions into the highest ROI approach for the everyday attorney to enhance diversity in the legal community.

That approach is: Be inclusive.

Inclusivity has the highest impact with the lowest effort, making it accessible for a single individual to adopt, enact, and effect change in the diversity landscape. By being inclusive with your language choices, your behaviors, and your interactions with colleagues, you create a more welcoming environment that trickles down into the rest of the legal community.

What Is Inclusivity?

Simply put, inclusivity is making people feel like they belong. It’s:

Welcoming different backgrounds and cultures into your social circle.
Being intentional about the language you choose.
Thinking twice about how someone else might see the world and making changes to ensure they’re comfortable.
Using conscious, intentional behaviors.
Being intentional about who’s in the room, at a meeting, and within your workplace.
Ensuring physical accessibility for all.

Relevant Definitions

Equality is ensuring that every individual has an equal opportunity.
Equity is providing access, resources, and opportunities to ensure that everyone has the same measure of success.
Diversity is the practice or quality of including or involving people from a range of characteristics: ethnicity, gender identity, sexual orientation, class, age, country of origin, education, marital status, parental status, religion, and physical or cognitive abilities.
Emotional tax refers to the combination of being on guard to protect against bias; feeling different at work because of gender identity, ethnicity, etc.; and the associated effects on health, well-being, and ability to thrive at work.
Privilege is unearned, sustained benefits and advantages that stem from membership in a dominant social group including, but not limited to, race, class, gender, sexuality, and ability. Privilege tends to be an unspoken advantage to those who possess it, as the absence of privilege is what calls attention to it.

How Can Inclusivity Enhance Your Work?

Consider the following from Thomson Reuters:

Inclusive teams make better business decisions up to 87% of the time.
Teams that follow inclusive processes make decisions twice as fast with half the meetings.
Gender diverse law department teams achieve significantly higher performance ratings (see 2019 State of Law Department Report), and ethnically diverse executive teams are 33% more likely to outperform peers on profitability.
Employees who say they can be their authentic selves at work are nearly three times more likely to say they’re proud to work for their organization and four times more likely to say they are empowered to perform their best work.

How Can Inclusivity Benefit You Personally?

Your openness to and embracing of different people can enhance your personal life as well.

Interacting with a diverse range of people expands your professional and social network.
You may have the opportunity to work closer with skilled colleagues who you may not previously have been open to.
Exposure to diverse ideas, cultures, and backgrounds can broaden your understanding of the world.
Different viewpoints often strengthen your problem-solving skills and lead to more robust and inventive solutions.
Being inclusive can improve your interpersonal skills. Learning to communicate effectively with people from various backgrounds helps you become a better collaborator and communicator overall.
Embracing inclusivity can lead to a sense of fulfillment and belonging.
Inclusivity can boost your emotional intelligence and empathy, as you become more attuned to the experiences and feelings of others.
Exposure to different viewpoints and ways of life increases your adaptability in various situations.
Dealing with diverse opinions helps sharpen your skills in navigating and resolving conflicts.

General Tips for Inclusivity

Pay attention to who’s present at your next business or committee meeting, social event, dinner with key partners, strategic planning session, and/or career-building opportunity. The following questions can help you identify conscious or unconscious discrimination.

Does everybody look like me?
Who spoke the most? Who spoke the least?
Who was interrupted the most?
Who got most of the credit?
Who wasn’t invited?

Consciously advocate for all colleagues and amplify the quietest voices.

Invite them to attend strategy meetings or conversations with a client when appropriate.
If someone is repeating an idea previously presented by another colleague, verbally attribute that idea back to the original person.
Defer to colleagues from marginalized groups when they are the subject matter experts.
Mentor colleagues of all types, not just ones who share your background and life experiences.

Ethnicity

Relevant Definitions

Asian American: A term for Americans who come from Asia or descend from people who lived in Asia. Do not hyphenate. When possible, ask people how they identify (Asian American or Chinese American, Japanese American, etc.).
African American: See the “Black” or “African American”? section below.
BIPOC: An acronym that stands for Black, Indigenous, and people of color.
Black: See the “Black” or “African American”? section below.
Brown: A term used by society to describe people who are not white. “Person of color” is also acceptable. When possible, ask people how they identify.
Culture: The shared attitudes, behavior, opinions, customs, beliefs, and traditions of a particular group of people within society.
Ethnicity/Ethnic group: A group of people who self-identify with one another because of geographical, linguistic, cultural, religious, and other ties.
Hispanic: An umbrella term referring to a person whose ethnic origin is in a Spanish-speaking country, as well as residents or citizens of the United States with Latin American ancestry, except for those from Brazil, which is not a Spanish-speaking country. When possible, ask people how they identify.
Indigenous: In the United States, refers to Native Americans or tribal membership.
Latinx: A gender-neutral word, increasingly used instead of Latino and/or Latina, to refer to people of Latin American cultural or ethnic identity. Its plural is Latinxs. When possible, ask people how they identify.
Middle Eastern: An umbrella term referring to a person whose ethnic origin is from North Africa and Western Asia. It can include people of Arab, Iranian/Farsi, Kurdish, or Turkic origin. There is a movement to classify "Middle Eastern" as a separate ethnic category based on origin, ethnic, or linguistic origin. However, some people from this background identify as white. The census currently identifies this group as "white," though some people of this group may choose to identify as "Middle Eastern," "Arab," or "Persian/Farsi." The category varies by whom you ask.
Pacific Islander: A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
Person of color: A term used by society to describe people who are not white. When possible, ask people how they identify.
Race: Historically defined as a category of human species based on divisions into distinct groups on the basis of inherited physical and behavioral differences. Genetic studies in the late 20th century refuted the existence of biogenetically distinct races, and scholars now argue that “races” are cultural interventions reflecting specific attitudes and beliefs that were imposed on different populations in the wake of western European conquests beginning in the 15th century. (Definition from Britannica)
South Asian: This collective term refers to people from Pakistan, India, Bangladesh, Afghanistan, Bhutan, Maldives, Nepal, and Sri Lanka.
Southeast Asian: This collective term refers to people from Myanmar, Vietnam, Thailand, Indonesia, Singapore, and the Philippines.
White: People who share a lineage that can be traced directly or indirectly to Europe.

(Definitions are adapted from The Diversity Style Guide and Cambridge Dictionary.)

Language Suggestions

Less Inclusive	Explanation/Alternative
“Where are you (really) from?”	Resist the urge to ask people about their cultural heritage. Even if intended as a compliment, it isn’t necessary for you to know, and it points out that the person looks different than others.
“You’re one of the good ones.”	This common phrase is offensive as it implies the rest of the people who share their identity characteristic are bad.
“Can I touch your hair?”	Though it is perceived as a way to compliment a person, asking to touch their hair points out that their hair looks different than others’, and touching it would be an invasion of their personal space.
“You / your people”	Typically this phrase accompanies a generalization or stereotype that isn’t helpful. If talking about a certain group of people, name that group of people.
“Asians” or “the Asians” / “Blacks” or “the Blacks”	“Asian people” / “Black people” Avoid using adjectives as nouns “Marginalized” or “historically excluded”
“Minority” / “Diverse people”	“Marginalized” or “historically excluded”
“Caucasian”	“White” Caucasian is typically only used in relation to demographic data.
“You’re very articulate.” / “You don’t sound Black / Asian / etc.”	These comments imply stereotypes about how Black or Asian people speak.
“I don’t see color.”	This problematic phrase highlights that white people have the privilege of not thinking about ethnicity, which other people don’t have.

Tips for Legal Professionals

Consider how a person’s religion may impact your interactions with them.

Try to be aware of major religious holidays when scheduling meetings and events. There are many multifaith calendars available on the internet. Respectfully acknowledging the major holidays of a person’s religion can go a long way in making them feel seen.
Consider the dietary guidelines of a person’s religion when selecting a restaurant or providing alcohol.

Sometimes people of cultures different than yours have names you may not be familiar with. Be sure to pronounce their names correctly.

Do not make a joke, ask for a nickname or an easier name, pretend you can’t pronounce it, or immediately ask where someone is from.
Instead, ask them to slowly pronounce their name. Consider saying, “I want to make sure I pronounce it correctly. Would you please pronounce it for me more slowly?”
Repeat their name back to them to make sure you’re pronouncing it correctly.
Make it a priority to help others pronounce their name correctly moving forward.
Avoid publicly calling out a person whose name is difficult for you to pronounce. If you are calling attendance, review the names ahead of time and practice the ones you may have trouble pronouncing.
Double-check the spelling of a person’s name when writing it.

“Black” or “African American”?

The language you use to refer to any marginalized group of people is significant. Because of America’s history of slavery and racism, it’s particularly important to use the preferred terminology with people who are Black and African American.

The preference for the terminology you use is dependent on the individual you are speaking about. However, here are some very general guidelines to follow in situations where it’s necessary to refer to a person as “Black” or “African American”:

Generally, it is equally acceptable in our society to use the terms Black and African American in social settings, but it is not acceptable to refer to a specific person as Black or African American without knowing with which terminology they identify.
If you need to point out a person and wish to identify them by the color of their skin, consider the phrase, “They are the person who I believe is Black or African American [or whichever ethnic group seems most appropriate].”
If you don’t know if a person is Black or African American, or if they appear to be non-Anglo, use the phrase “person of color.”
If you need to ask a person their ethnicity, consider asking them privately. Try this language: “I want to make sure I refer to you as your preferred ethnicity. What terminology do you prefer?”
Remember that people identify with many ethnicities and cultures. For example, not all people who are Black have genetic ties to Africa, as they may have ties to the Caribbean or other parts of the world. Don’t assume they fall into just one category. Also consider using the phrase “person of color.”

More ISBA Resources

CLE

Open Conversations: Assessing Legal Services and Access in Indiana

Articles

Related Topics

Gender Identity and Sexual Orientation

Relevant Definitions

Ally: A person who makes the commitment and effort to recognize their privilege (based on gender identity, class, ethnicity, sexual identity, etc.) and work in solidarity with oppressed groups in the struggle for justice.
Asexual: A person who does not experience sexual attraction. They can and do experience other forms of attraction and intimacy, such as aesthetic, emotional, platonic, or romantic, and they can describe their romantic attraction in terms of hetero/homo/bi/pan, etc.
Bisexual: A person who has the capacity to form enduring physical, romantic, and/or emotional attractions to those of the same gender identity or to those of another gender identity.
Cisgender: A term used by some to describe people who are not transgender. Avoid "cisgendered," which is a commonly used incorrect form of cisgender.
Genderfluid: Describes a person who has a wider, more flexible range of gender expression, with interests and behaviors that may even change from day to day.
Intersex: An umbrella term describing people born with reproductive or sexual anatomy and/or a chromosome pattern that can't be classified as typically male or female.
LGBTQ+: LGBT is an abbreviation for “lesbian, gay, bisexual, and transgender.” The Q in LGBTQ can stand for either “questioning” (still exploring one’s sexuality) or “queer,” or sometimes both. LGBTQ+ represents additional identities including intersex, asexual, pansexual, and polyamorous.
Mx: A gender-neutral title for those who do not identify as being part of a particular gender, or for people who simply don’t want to be identified by gender. Pronounced to sound like “mix.” (Definition from Merriam-Webster)
Non-binary: An umbrella term for people who experience their gender identity and/or gender expression as falling outside the binary of man and woman.
Queer: Traditionally a pejorative term, queer has been appropriated by some LGBTQ+ people as a self-affirming umbrella term. However, it is not universally accepted even within the LGBTQ+ community and should be avoided unless describing someone who self-identifies that way or in a direct quote.
Transgender: Refers to individuals whose gender identity and/or expression may not match their physical, sexual characteristics or sex assigned at birth. Avoid "transgendered," which is a commonly used incorrect form of transgender.

(Definitions are adapted from adapted The Diversity Style Guide.)

Language Suggestions

Less Inclusive	Explanation & Alternative
“Daughter” or “son”	“Kiddo” or “child” Don’t assume the gender of a child if you haven’t been expressly told.
“Chairman”	“Chair” or “chairperson”
“Husband” or “wife”	“Spouse” or “partner” Don’t assume the gender identity of another person’s partner, and don’t assume they are married.
“Females” or “males” Example: “I saw a female in the courtroom.”	Never use “female” or “male” as a noun; only use them as descriptors. Further, “female” and “male” refer to the sex of a species, whereas “woman” and “man” refer to the person’s identity.
“Ladies and gentlemen”	“Folks” Avoid identifying genders if not necessary, especially if you do not know how everyone identifies.
“Preferred pronouns”	“Pronouns” Pronouns are not a matter of preference but a statement of fact. The phrase “preferred pronouns” gives the impression that the use of pronouns is negotiable, or that pronouns other than the ones given are acceptable.
“Sweetie,” “girl,” or “honey”	Avoid pet names for women. They are demeaning.
Labeling a woman supervisor as “bossy” or “aggressive” when she is doing the same as a supervisor who is a man.	Avoid describing a woman’s actions in ways that you would not use to describe a man who did the same things.
“Your lifestyle” or “you / your people”	This phrasing is offensive and often comes with assumptions or stereotypes about how a person lives.

Tips for Legal Professionals

Consider using some of the judicial profession’s gender-neutral terminology: counselor, judge, your honor, witness, party, plaintiff/defendant, petitioner/respondent.

Update your email signature or Zoom name to include your pronouns. Doing this creates a safe space for others to feel comfortable listing theirs.

Before going to court, learn the pronouns of your client and other participants.

If you don’t know a person’s pronouns, do some digging. Check the person’s signature line, their website, or their LinkedIn profile, or perform a Google search to see what pronouns were used in any articles or sites that pop up (but make sure you have the correct person!).

If you are in a meeting with a person whose pronouns you do not know, do not ask them in front of everyone. Instead try, "Before we start this meeting, I'll introduce myself and my name/pronouns, and then others can share theirs as well."

If you are one-on-one with a person whose pronouns you are unsure of (and if you are in a situation where you need to know their pronouns), offer something such as, “I want to make sure I am addressing you by your correct pronouns. I use [insert your own pronouns], what are your pronouns?”

Upon first emailing a new client/colleague, refrain from addressing them as Mrs., Ms., Miss, or Mr. unless you already know their pronouns. Instead, consider using neutral salutations such as “Mx.,” “Attorney Lastname,” or “Good morning/afternoon.”

Update any forms you provide to clients to include neutral language.

Use “legal name” and “name in use” instead of “name.”
Use “spouse” instead of “husband” or “wife.”
Use “parent/guardian” instead of “mother” or “father.”
Create a space for clients to note their pronouns.

Always refer to a person by their name in use unless there is a mandatory legal reason to use the legal name instead. Additionally, note that when a person who is transgender or nonbinary has a different name in use than their legal name, using their legal name, even when paired with their name in use, can result in outing them as transgender or nonbinary to those who do not need to know.

Step in and correct a colleague, client, or judge if they use the incorrect pronoun or title. Something quick and simple such as, “Actually, they use the pronouns he/his” will suffice.

If there is a legitimate reason why it matters for your representation or work with a client why you need to ask about their sexual orientation or gender identity, first explain why their sexual orientation or gender identity is relevant in the situation. Then ask if they are comfortable sharing their identity so that the best possible representation can be provided.

“My gender is obvious. Why should I list my pronouns?”

Listing pronouns shows that you value creating safe, inclusive spaces for people of any gender. Presenting pronouns can be an important first step because gender cannot always be assumed or detected based on visual appearance, sound of voice, or name.

It is helpful for people with gender-neutral names (e.g., Chris, Jordan) or cultural names with which you are unfamiliar (e.g., Deepal, Jiang, Angel).
Gender is fluid for some people. Habitually listing pronouns makes it easy for a person to update them when they change.
Sharing your pronouns helps to normalize the practice and lets others know that this is a safe space for them to be their authentic selves.
It signals to others that you will respect their gender identity and choice of pronouns.

More ISBA Resources

CLE

Transgender Youth and the Law

Articles

Related Topics

HIV Modernization Movement – Indiana

Disability

Relevant Definitions

Ableism: Prejudice and/or discrimination against people with disabilities.
Accessibility: The quality of being easily used, entered, or reached by people with disabilities; refers to the design of products, devices, services, curricula, or environments.
Developmental disability: A group of conditions due to an impairment in physical, learning, language, or behavior areas. These conditions begin during the developmental period, may impact day-to-day functioning, and usually last throughout a person’s lifetime. (From the CDC)
Disability: Defined by the Americans with Disabilities Act as a physical or mental impairment that substantially limits a major life activity, a record of such an impairment, or being regarded as having such an impairment. A disability can be visible or invisible.
Intellectual disability: A disability characterized by limitations in a person’s ability to learn at an expected level. A person with an intellectual disability may process information more slowly and have difficulty with abstract concepts and everyday behaviors and activities. Often referred to as a cognitive disability.
Invisible disability: A disability that is not immediately apparent; sometimes called a hidden disability.
Learning disability: A condition that results in learning challenges or difficulties in particular skill areas, such as reading or math. People with learning disabilities receive, store, process, retrieve, or communicate certain information in different and less-effective ways. Often referred to as LD, these difficulties are not connected to intelligence and are not caused by problems with hearing or vision or by lack of educational opportunity.
Mental illness: Health conditions involving changes in emotion, thinking, or behavior (or a combination of these). Mental illnesses can be associated with distress and/or problems functioning in social, work, or family activities. Serious mental illness is a mental, behavioral, or emotional disorder (excluding developmental and substance use disorders) resulting in serious functional impairment, which substantially interferes with or limits one or more major life activities. Examples of serious mental illness include major depressive disorder, schizophrenia, and bipolar disorder. (Adapted from American Psychiatric Association)
Neurodivergent: A non-medical term used to describe people whose brain differences affect how they function or process information. It can include people with autism, ADHD, Tourette’s, dyslexia, or other conditions and is meant to recognize the strengths and weaknesses.
Neurodiversity: The idea that brain differences such as autism are normal variations in the human population, rather than deficits or disorders; neurodiversity can also refer to embracing such differences.
Person-first language: A term that describes how individuals with disabilities prefer to refer to themselves. It’s best practice to put people first, not their disability. Unless a person specifically prefers identity-first language, always use person-first language, such as “a person who is blind.”
Physical disability: A wide range of conditions, both visible and invisible, that affect a person’s movement. Also referred to as a mobility challenge.

(Definitions are adapted from the Understood for All, Inc. Disability Inclusion Glossary unless otherwise noted.)

Language Suggestions

Less Inclusive	Explanation & Alternative
“Differently abled,” “physically challenged,” “handi-capable,” “special needs,” “the r-word,” “crippled,” “lame,” etc.	Using these terms is considered condescending and offensive, implying that people with disabilities are somehow broken, less than, or deficient. People with disabilities are people first. Disabilities are part of their lives, but disabilities do not define people. Always use people-first language. Be sensitive when choosing yours words. The disability community as a whole advocates that “person with a disability” or “disabled” is the best way to refer to people in the disability community.
“Normal”	“Non-disabled person” or “Person without a disability”
“That person is on the spectrum.” or “That person must be bipolar.”	Do not diagnose or define a person in casual conversation.
“Wheelchair bound”	“Person who uses a wheelchair” or “wheelchair user.” These alternative phrases highlight the fact that wheelchair users are not essentially prisoners to their equipment. Instead, they control their wheelchairs to travel where they wish.
“Handicapped”	If necessary to identify a person’s medical status, refer to their specific condition rather than using the term “handicapped.” Though the term is still widely used in laws, regulations, places, and things, try to use a more inclusive word when possible. In addition, use person-first language when referencing the person’s medical status.
“I couldn’t do what you do.” or “You are an inspiration.”	This phrase implies feeling sorry for the life of the disabled person or that their life is not as good as yours.

Tips for Legal Professionals

Accommodations vary greatly for people with disabilities. Therefore, it is best to simply ask what their needs are. Consider the phrases “Do you need accommodations?” or “Is this accessible for you?”

Additionally, because accommodations vary, seek expert resources in addition to asking the person about their specific needs. For example, use expert sources to learn about:

Preparing digital and print resources for people with visual impairments.
Working with American Sign Language (ASL) interpreters or Communication Access Real-time Transcription (CART) interpreters.
Accessible design for physical spaces.

Work with your website developer to ensure your law firm’s website is accessible. The U.S. Department of Justice Civil Rights Division offers guidance on web accessibility that meets ADA requirements.

The following are guidelines from the ADA National Network:

Be patient and give your full attention to people who may have difficulty communicating; some people need more time to express themselves.
If you don’t understand someone, don’t pretend you do; ask questions that will help you understand.
Keep paper and pen handy for exchanging notes with people who are deaf, hard of hearing, have speech disabilities, or other disabilities that affect communication.
When speaking with a person of short stature or a person using a wheelchair or scooter, it may be helpful to sit down at eye level, if possible, to make the conversation easier.
When speaking with a person who is blind or has low vision, identify yourself and others who are with you, and let the person know if you are leaving. Use specific words to give information or directions (remember the person may not be able to see you pointing, nodding, etc.) and offer to read printed material out loud if necessary.
Make sure there is a clear path of travel for clients using mobility devices or service animals.
Service animals are used by people with a variety of types of disabilities. If you can’t tell whether an animal is a service animal, you may ask only two questions: (1) is the animal a service animal needed because of a disability, and (2) what work or task has the animal been trained to perform.
Train your staff in disability etiquette.
When speaking with a person who is deaf or hard of hearing, speak clearly, face the person, and don’t cover your mouth. If speaking through an interpreter, direct your attention to the individual with a disability, not to the interpreter.
A mobility device is considered part of an individual’s personal space; do not lean on it or move it without permission.

More ISBA Resources

CLE

Articles

Language

Relevant Definitions

Bilingual: The ability to use two languages equally well.
Multilingual: The ability to use more than two languages for communication, or (of a thing) written or spoken in more than two different languages.
English as a Second Language (ESL): English as taught to people whose main language is not English and who live in a country where English is an official or main language.

(Definitions are adapted from the Cambridge Dictionary.)

Language Suggestions

Less Inclusive	Explanation & Alternative
“Where are you really from?”	“What is your country of origin?”
“You speak English very well,” “You’re very articulate,” “You don’t sound Black/Asian/etc.”	These suggest that a person doesn’t fit in or belong. Though they may be intended as a compliment, they can be demeaning and imply that you assumed they would not speak well.
Mimicking the person’s accent	This is offensive.
“Third world” / “Third world problems”	“Developing countries”
“Where is your accent from?”	Don’t comment on a person’s accent or dialect (even if you admire it).
“Where are your parents from?”	This is often a thinly veiled attempt to determine a person’s ethnic origin. Unless you need to know their ethnicity for legal reasons, it’s best not to ask.

Tips for Legal Professionals

Pronounce a client’s/colleague’s name correctly. See the Tips for Legal Professionals part of the Ethnicity section of this guide.

Ask, “How would you prefer to be addressed?” Some cultures consider it more appropriate to refer to a person’s given name. This is more prevalent in cultures with no family names or when the family or tribal name is less prevalent in addressing someone, such as in Myanmar, Congo, Ethiopia, or Afghanistan.

Research your client’s/colleague’s nation of origin (if you know it) and the common cues, practices, and customs that may be different from yours. Try to make them feel welcome.

Remember: What may seem inappropriate or an annoyance to you might be common practice in other cultures. So do not immediately assume their intent.

Communicate in the language that is best understood by your client—even if that’s not English. Consider using an interpreter. Remember that even if a person speaks English, that does not mean they do not need an interpreter, as conversational English is much different than the language used in the legal process.

Find a neutral, certified, quality interpreter. Avoid using family members or local restaurant employees.

Always look at and speak directly to your client, even when using an interpreter.

Avoid using excessive slang or idioms that the person may not understand (e.g., “break a leg,” “being on the ball,” and “against the clock”).

In meetings:

Enable transcriptions or closed captioning on any Zoom calls.
Provide all materials before the meeting (and in alternative formats—large print, electronic, audio, etc.—if needed).
Eliminate background noise.

More ISBA Resources

CLE

Best Practices: Working with Non-English Speakers

Articles

Related Topics

Family-Based Immigration 101: A Brief Overview of the Process

Conclusion

This guide began with a big question:

How can one attorney on their own actually make an impact on the diversity landscape of the legal profession?

You now have part of the answer in your hands. The new question is:

What is your immediate next step in enhancing your inclusivity and making the legal profession—and the clients it serves—more diverse and equitable?

In other words:

Will you commit to taking action?

We urge you to consider a few things you can do immediately to keep your momentum.

Our suggestions:

Print this guide. Leave it on your desk as a reminder. Flip through it occasionally.
Pick one section of the guide to focus on first. Or start with one specific tip.
Create physical or digital reminders.
Pick your favorite page and hang it on the wall.
Once you are comfortable with your first section or tip, expand to focus on something else new.
Share this guide with others.

Submit Updates to This Guide

This guide aims to provide general support for legal professionals seeking to become more inclusive of their clients and colleagues. You can defer to the guide in the absence of knowing a person’s specific preferences. Individuals may find certain behaviors or terminology inappropriate depending on their unique perspectives and experiences. Always defer to each person’s unique preferences.

This guide was published in March 2024. Culture, terminology, and best practices change over time. We aim to update this guide as appropriate. To keep track of updates or to access more DEI resources, visit ISBA’s Diversity, Equity, and Inclusion Repository.

Send suggestions for updates or corrections to: Leah Baker, ISBA Section & Committee Manager, liaison to the ISBA Diversity Committee, lbaker@inbar.org.

Contact for more resources or with questions about this guide and its contents: Leah Baker, ISBA Section & Committee Manager, liaison to the ISBA Diversity Committee, lbaker@inbar.org.

This guide was last updated: March 2024.

© 2024 Indiana State Bar Association

Acknowledgments

This guide was created by the Indiana State Bar Association.

Thank you to the legal professionals who contributed to the ISBA CLE and articles that served as the foundation for this guide. These resources are listed in each “More ISBA Resources” section.

Thank you to the following organizations who reviewed and provided feedback on portions of the guide related to their corresponding affinity topics: