Representing Deaf Clients: 
What Every Lawyer Should Know

Title III of the Americans with Disabilities Act (ADA) and the Maine Human Rights Act (MHRA) specifically list lawyers' offices among the places of public accommodation, which must be accessible.

WHAT MUST ATTORNEYS DO TO COMPLY WITH THESE ANTI-DISCRIMINATION LAWS?
The inclusion of attorneys' offices in these statutes means that such offices, regardless of size, may not discriminate against individuals with disabilities and that such persons may not be denied the full and equal enjoyment of the "goods, services, facilities, privileges, advantages or accommodations" offered by such offices.

Places of public accommodation are also required to provide "auxiliary aids and services" to persons with disabilities, including deaf and hard-of-hearing people, where such aids and services are necessary "to ensure effective communication" between the accommodation and persons with disabilities. Such auxiliary aids and services may include qualified sign language interpreters, computer-aided transcription services, and written materials. 28 CFR ? 36.303(b).

These requirements also cover deaf parents with minor children, individuals with deaf spouses, etc.

HOW DO I FIND A "QUALIFIED INTERPRETER"?
The Department of Justice defines a "qualified interpreter" as one who is able to communicate effectively, accurately, and impartially through the use of necessary specialized vocabulary. Note that, under Maine law, a "qualified legal interpreter" is defined as an interpreter who is licensed by the State pursuant to 32 M.R.S.A. ? 1524-B as being a "certified" interpreter and who meets certain other specific requirements that demonstrate the individual's competence to interpret in legal contexts, including court appearances and meetings with attorneys. 5 M.R.S.A. ? 48-A(1)(M). While the ADA is less specific than the Maine statute in terms of defining who is qualified, attorneys should ensure that any interpreter working in a legal setting meets the state requirements to eliminate questions of the interpreter's qualifications under the federal law as well.

The Division of Deafness (DoD) under the Department of Labor/Bureau of Rehabilitation Services has prepared and continually updates a directory listing all such qualified interpreters in the State. The directory can be obtained by calling (207)623-7958 or online at www.maine.gov/rehab/dod. If you prefer not to hire an interpreter directly, such qualified legal interpreters may be hired through interpreter referral agencies.

The services located in Maine include: Pine Tree Society Deaf Services (207) 885-0536 Certified Interpreting (207) 798-7995 Bangor Interpreting Agency (207) 947-2341.

Friends or family members of a client who is deaf should never be used as "interpreters" even if the deaf client requests that they do so. Permitting a family member or friend to step into that role may violate the client's right to confidentiality and the friend or family member may have an interest different from the deaf client. Also the friend or family member may be able to sign, but have no experience or training in interpreting and/or skills and knowledge to enable him or her to interpret properly. Another consideration is that a statutory privilege has been created for interpreters, preventing interpreters from being compelled to disclose information conveyed during an assignment. 5 M.R.S.A. ? 48-A(5).

ARE THERE ANY FUNDS AVAILABLE TO HELP ATTORNEYS PAY FOR THE COSTS OF HIRING QUALIFIED INTERPRETERS?
While the ADA makes clear that it is the responsibility of a place of public accommodation, such as a law office, to cover the costs of hiring interpreters, there are resources available to Maine attorneys to pay for such costs, eliminating any potential "undue hardship" that a private attorney - even a solo practitioner - could sustain from hiring an interpreter. First, Maine law provides that the court must provide and pay for interpreting services for attorney-client meetings whenever the attorney has been appointed by the court to represent a person who is deaf or hard-of-hearing or a juvenile whose parent or guardian is deaf or hard-of-hearing. 5 M.R.S.A. ? 48-A(3).

 

Second, attorneys who are not court-appointed may seek reimbursement through the "Legal Interpreting Fund," maintained by the Bureau of Rehabilitation Services/Division of Deafness for the cost of hiring sign language interpreters to assist in communications with a deaf or hard-of-hearing client. 5 M.R.S.A. ? 48-A(4). To streamline this process qualified legal interpreters will invoice the DoD directly to access the fund for services provided.

TIPS FOR WORKING WITH INTERPRETERS IN LEGAL SETTINGS
  1. Take time prior to a client meeting or court date to talk with the interpreter about the assignment. Interpreters should be given time to establish communication with the client and to obtain background information about the case.

  2. When communicating with a deaf person, address him or her directly, rather than the interpreter. Use the first person. Do not say to the interpreter "Tell him that?" or "Ask her?" Rather, look at the deaf person directly and simply proceed with your conversation and trust that the interpreter will interpret. The deaf person will look at the interpreter rather than to you, the speaker.

  3. Let the interpreter finish "voicing" the deaf person's response prior to starting your next question or statement.

HOW CAN I COMMUNICATE VIA PHONE WITH MY DEAF CLIENT?
Most people who are deaf, hard-of-hearing, or who have a speech impairment rely upon TTYs (also called "text telephones" and TDDs or "telecommunications devices for the deaf"). Such equipment is used to have conversations over standard telephone lines using typed, rather than spoken, words.

While it is preferable for a law office to have a TTY so that it can communicate with deaf clients directly, it is not required under the ADA. Attorneys can communicate with their deaf clients through the Maine Relay Service (711 or 1-800- 457-1220). A Communication Assistant types a caller's message to a TTY user and reads the typed response back to the caller. Office staff should be briefed on the Maine Relay Service. Some deaf people also use e-mail and faxes successfully.

WHAT ACCOMMODATIONS MUST BE PROVIDED BY MAINE COURTS?
Maine courts are required under the ADA to ensure that courts are accessible to people who are deaf or hard-of- hearing. Maine law also mandates that a court or agency of the State provide a free interpreter "whenever any personal or property interest of a deaf or hard-of-hearing person or of a minor whose parent or guardian is a deaf or hard-of-hearing person is the subject of a proceeding before any agency or court." 5 M.R.S.A. ? 48-A(2). An agency is defined as "any authority, board, bureau, commission, department or officer of State Government, or of any county, municipality, school district or any other political or administrative subdivision." This broad language requires the provision of interpreter services in all courtroom settings and agency hearings.

Some deaf people, particularly people who have lost their hearing as adults and do not use sign language, require auxiliary aids and services other than sign language interpreters in order to understand and participate in court proceedings. In such cases use of amplification equipment, such as an assistive listening device, or Computer Assisted Real-Time Captioning ("CART"), in which the proceedings are instantaneously transcribed into written English on a screen, can enable a deaf person to follow what is said. Attorneys should consult with deaf clients well in advance of any court proceedings to determine the most effective means of making the proceedings accessible and then confirm with the clerk's office prior to a court date to ensure that the necessary arrangements have been made for the proper auxiliary aids and services.

This fact sheet was produced by the Maine Center on Deafness, which encourages the reproduction and distribution of this information. MCD would appreciate credit when reproducing or distributing it. For more information, please contact the Maine Center on Deafness, 68 Bishop St., Suite 3, Portland, Maine 04103 (207) 797-7656 or
1-800-639-3884 (tty/voice).

(Accurate as of September 21, 2007)

Back