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Disabled opposition.

Employment and Discrimination Law

Re: Disabled opposition.

Postby Hairyloon » Sun Aug 13, 2017 8:32 pm

Imagine, if you will, a solicitor who continues practising law into retirement; why shouldn't he? He has years of experience and all of his marbles.
But old age is sneaky: as the years advance, some of those marbles start to come loose and it is not always obvious from the inside if they go missing: how do you know that you've forgotten something if you have no memory of it?

That being the case, what is to defend against the potential for one of those unnoticed loose marbles from dislodging some critical part of a legal negotiation?
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Re: Disabled opposition.

Postby diy » Mon Aug 14, 2017 7:11 am

If his practice can get some one to check his letters are fully baked and trousers properly attached- it would be making reasonable adjustments.

We all have faults, if the value our employer gets is sufficient to justify employing us then why not make adjustments?
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Re: Disabled opposition.

Postby Hairyloon » Mon Aug 14, 2017 8:58 am

diy wrote:If his practice can get some one to check his letters are fully baked and trousers properly attached- it would be making reasonable adjustments.


Yes, in a practice, it should be relatively easy, but what if he's running his own practice by himself?
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Re: Disabled opposition.

Postby diy » Mon Aug 14, 2017 2:25 pm

I don't think there is a requirement for you as a client to make reasonable adjustments and any short comings might give rise to a damages claim.
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Re: Disabled opposition.

Postby Hairyloon » Mon Aug 14, 2017 5:57 pm

diy wrote:I don't think there is a requirement for you as a client to make reasonable adjustments and any short comings might give rise to a damages claim.

I wasn't meaning as a client, and claiming damages should be a last resort, and I imagine it quite hard to find good solicitors keen to take on other solicitors for damages.
No. I don't think being able to claim damages is an adequate safeguard against the scenario.
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Re: Disabled opposition.

Postby diy » Tue Aug 15, 2017 6:14 am

Are they fit to practice law?

The governing body would be interested in this question.
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Re: Disabled opposition.

Postby Hairyloon » Tue Aug 15, 2017 8:51 am

diy wrote:Are they fit to practice law?

The governing body would be interested in this question.

I asked much the same question at the start:

Hairyloon wrote:If one faces in court, a disabled opponent, is one obliged to make reasonable adjustments to allow for that disability?
Or does the court make the appropriate adjustments?
Or is it the case that a solicitor so disabled would be removed by the regulator?

To which atticus replied:
Yes; yes; no.

These seem to me to be the right answers, but substantially lacking: a court can make, or ensure reasonable adjustments, but many cases are decided through negotiation by the solicitors.
And if the regulator does not guard against an unfit practice, then how is the public to be protected?
If they do, then wouldn't that be disability discrimination?
Last edited by atticus on Tue Aug 15, 2017 9:28 am, edited 1 time in total.
Reason: correct quotation of what I said
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Re: Disabled opposition.

Postby atticus » Tue Aug 15, 2017 9:22 am

The OP's original question was about dealing with a disabled opponent in court. The reply was specifically about dealing with a disabled opponent in court and went on to say:
We all have to make allowances. Everything possible is being done to increase diversity in both branches of the legal profession and in the judiciary. I suggest that you look at SRA and JAC websites.

Also, we are quite properly subject to rules that require us to conduct ourselves with respect and dignity in our dealings with all others - clients, opponents, courts, others.

Finally, about 30 years ago I met an elderly gentleman who had been blinded in the second world war. He was a solicitor, a much respected and successful magistrates court advocate. I did not see him in court.
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Re: Disabled opposition.

Postby Hairyloon » Tue Aug 15, 2017 11:51 am

Last edited by atticus on Tue Aug 15, 2017 10:28 am, edited 1 time in total.
Reason: correct quotation of what I said


Oh my, the pettiness of your semantics defies belief.
atticus wrote:The OP's original question was about dealing with a disabled opponent in court.

I'm sorry, I'd forgotten about your "one question per thread rule", but I don't believe it was formally adopted by the board: perhaps you'd like to set out your proposal in the relevant section?
Otherwise, some of us sometimes find it helpful to lead into a question with a preliminary question. If you have read a criticism into my comment about the incompleteness of your answer and taken offence at it, then I am sorry, but that is your folly.

The reply was specifically about dealing with a disabled opponent in court and went on to say:
We all have to make allowances. Everything possible is being done to increase diversity in both branches of the legal profession and in the judiciary. I suggest that you look at SRA and JAC websites.


The thing is, your reply (especially the bit I have highlighted) appears to be generally applicable, unless it is the case that you only have to make allowances when it is obvious that you are not doing.

The reply was specifically about dealing with a disabled opponent in court and went on to say:
Finally, about 30 years ago I met an elderly gentleman who had been blinded in the second world war. He was a solicitor, a much respected and successful magistrates court advocate. I did not see him in court.
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Re: Disabled opposition.

Postby atticus » Tue Aug 15, 2017 12:03 pm

The thing is, my 'general' answer was to a question lacking in specifics. Please stop expecting people to answer the question you have not yet asked.

Please stop criticising answers given that do not deal with a question you had not yet asked.

Please, if you quote what I say do not insert into the quotation things I did not say.
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