Washington Lawyer - March/April 2021 - 29

FEATURE
disabilities, [law schools] try to use medical documentation to verify
what you're saying. Under the ADA, a personal narrative is considered
documentation. We are experts in our own experiences, " Roslin says.
The NDLSA launched in 2018 soon after Yale Law School's Rebellious
Lawyering Conference, which included a disability caucus. " For the
first time in each of our experiences, we started exchanging stories
about what was happening to us at our respective law schools, " Roslin
recalls. " It was extremely emotional. People were breaking down in
tears because we realized that we were kept apart - it was almost
intentional. "

Jordan Berger, director of professional development for the NDLSA,
lives with multiple disabilities, including one related to a gastrointestinal
disorder, which means that she needs immediate access to the bath-
room. She also has neurological deficits, which make her work slower,
and a visual impairment that causes severe eye fatigue. Last summer,
she took the New York State bar exam after graduating from New York
University School of Law.
" The restrictions they put on the exam, honestly, weren't reasonable for
anybody, " says Berger, a Skadden Fellow with the National Center for Law
and Economic Justice. " I had to go to a doctor to ask them to observe my
fidgeting because I didn't know how else to prove to the bar examiners
that I wasn't cheating during the exam. "
" This is another
example of the
time, money, and
energy that
disabled law
students are forced
to expend when we
should be studying, "
says Roslin, who has
Ehlers-Danlos
syndrome and
Crohn's disease,
both of which cause
chronic pain.

Courtesy of Tara Roslin

Roslin applied for
accommodations
to take the bar
exam in three
jurisdic-tions,

Courtesy of Jordan Berger

UNFAIR BAR EXAM POLICIES
In July 2020, the NDLSA released its " Report on Concerns Regarding
Online Administration of Bar Exams, " a compilation of troubling policies
such as restrictions on fidgeting, touching one's face, being out of the
camera's frame during the examination, and looking away from the
computer - all of which can negatively impact students with disabilities. The report was culled from the experiences of 281 students, 260 of
whom were registered for various remotely proctored bar exams.

JORDAN BERGER
National Center for Law and Economic Justice
in--cluding the District of Columbia. She says that New York State refused
to accommodate her remotely, but the District did. " I feel very fortunate
that I had Shela Shanks [director of the D.C. Court of Appeals Committee
on Admissions] as an executive who was willing to advocate with the
National Conference of Bar Examiners (NCBE) and other organizations
for candidates with disabilities. She did that by arranging a different
testing format with the NCBE. I was able to leave the screen to go to the
bathroom during my exam because the D.C. bar doesn't think that having
an accommodation makes you untrustworthy, " says Roslin.

MOVING FORWARD
What must be done to ensure that lawyers and law students with disabilities are included and represented in diversity and inclusion initiatives? In
2014 the ABA amended its " Pledge for Change: Disability Diversity in the
Legal Profession " to include law schools and state and local bar associations. Signatories agree to affirm a commitment to diversity, specifically
disability diversity, and recognize that diversity is in the best interest
of the profession, the people it serves, and the organization making the
commitment. Some of the signatories of the pledge include Accenture,
Arnold & Porter LLP, and Sidley Austin LLP. It's a start but not nearly
enough.
" The problem right now of trying to mobilize the community is getting
people to come out and declare themselves as being disabled, " Accen-
ture's Stearns says.
For Ditkowsky, the goal is not only diversity but also inclusion and equity.
" Diversity includes being hired, just being there. Being included is actually
having people care what we think. We're not even at a place where we
know that we exist at certain points. We have a lot of work to do. "

TARA ROSLIN
National Disabled Law
Students Association
Reach D.C. Bar staff writer John Murph at JMurph@dcbar.org.

MARCH/APRIL 2021

*

WASHINGTON LAWYER 29



Washington Lawyer - March/April 2021

Table of Contents for the Digital Edition of Washington Lawyer - March/April 2021

Digital Extras
From Our President
Practice Management
Calendar of Events
Toward Well-Being
Staying Put in Big Law feature
A Sisterhood of Latina Lawyers Sidebar
Increasing Diversity & Inclusion the the Legal Profession feature
Cultivate Mentorships sidebar
A Tribute to Judge June L. Green feature
Delicate Balance for Black Women Attorneys in Government Feature
Falling Short on Disability Inclusion feature
Elusive Justice in Violence Against Native Women feature
Worth Reading
On Further Review
The Learning Curve
Member Spotlight - Marcia Madsen
Member Spotlight - Simon Zinger
ABA Delegates Corner
Attorney Briefs
Speaking of Ethics
Disciplinary Summaries
The Pro Bono Effecy
A Slice of Wry
Washington Lawyer - March/April 2021 - Cover1
Washington Lawyer - March/April 2021 - Cover2
Washington Lawyer - March/April 2021 - 1
Washington Lawyer - March/April 2021 - 2
Washington Lawyer - March/April 2021 - 3
Washington Lawyer - March/April 2021 - Digital Extras
Washington Lawyer - March/April 2021 - 5
Washington Lawyer - March/April 2021 - From Our President
Washington Lawyer - March/April 2021 - Calendar of Events
Washington Lawyer - March/April 2021 - Practice Management
Washington Lawyer - March/April 2021 - Toward Well-Being
Washington Lawyer - March/April 2021 - Staying Put in Big Law feature
Washington Lawyer - March/April 2021 - 11
Washington Lawyer - March/April 2021 - A Sisterhood of Latina Lawyers Sidebar
Washington Lawyer - March/April 2021 - 13
Washington Lawyer - March/April 2021 - Increasing Diversity & Inclusion the the Legal Profession feature
Washington Lawyer - March/April 2021 - 15
Washington Lawyer - March/April 2021 - Cultivate Mentorships sidebar
Washington Lawyer - March/April 2021 - 17
Washington Lawyer - March/April 2021 - A Tribute to Judge June L. Green feature
Washington Lawyer - March/April 2021 - 19
Washington Lawyer - March/April 2021 - 20
Washington Lawyer - March/April 2021 - 21
Washington Lawyer - March/April 2021 - Delicate Balance for Black Women Attorneys in Government Feature
Washington Lawyer - March/April 2021 - 23
Washington Lawyer - March/April 2021 - 24
Washington Lawyer - March/April 2021 - 25
Washington Lawyer - March/April 2021 - Falling Short on Disability Inclusion feature
Washington Lawyer - March/April 2021 - 27
Washington Lawyer - March/April 2021 - 28
Washington Lawyer - March/April 2021 - 29
Washington Lawyer - March/April 2021 - Elusive Justice in Violence Against Native Women feature
Washington Lawyer - March/April 2021 - 31
Washington Lawyer - March/April 2021 - 32
Washington Lawyer - March/April 2021 - Worth Reading
Washington Lawyer - March/April 2021 - 34
Washington Lawyer - March/April 2021 - 35
Washington Lawyer - March/April 2021 - On Further Review
Washington Lawyer - March/April 2021 - The Learning Curve
Washington Lawyer - March/April 2021 - Member Spotlight - Marcia Madsen
Washington Lawyer - March/April 2021 - Member Spotlight - Simon Zinger
Washington Lawyer - March/April 2021 - 40
Washington Lawyer - March/April 2021 - 41
Washington Lawyer - March/April 2021 - ABA Delegates Corner
Washington Lawyer - March/April 2021 - Attorney Briefs
Washington Lawyer - March/April 2021 - Speaking of Ethics
Washington Lawyer - March/April 2021 - 45
Washington Lawyer - March/April 2021 - Disciplinary Summaries
Washington Lawyer - March/April 2021 - 47
Washington Lawyer - March/April 2021 - The Pro Bono Effecy
Washington Lawyer - March/April 2021 - 49
Washington Lawyer - March/April 2021 - 50
Washington Lawyer - March/April 2021 - 51
Washington Lawyer - March/April 2021 - A Slice of Wry
Washington Lawyer - March/April 2021 - Cover3
Washington Lawyer - March/April 2021 - Cover4
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