Article of Interest

By: Brandon M. Tuck

“I want to talk to my lawyer.” Those can be powerful words for someone being questioned by the police, but consider for a moment the difference between the right to talk to your lawyer, and the actual ability to do so.

What if your client or prospective client is deaf or has a hearing impairment, and therefore can only use sign language to communicate? Or perhaps your client can hear and understand your words, but has a speech impairment and cannot vocally respond? Or perhaps you belatedly realize that your client who is blind may not be able to read the long contract you printed out?

Auxiliary aids and services abound that can help overcome these communication barriers, and in most situations, the service provider must provide them at no cost to the client. But they are sometimes expensive.

The State Bar of Texas has created a new service available to lawyers throughout Texas to assist them with meeting their effective communication responsibilities under the Americans with Disabilities Act and to ensure that all Texans can access legal assistance that meets their communication needs.

Through the newly created Communication Access Fund, lawyers can seek reimbursement for auxiliary aids and services they have provided to clients who are deaf/hard of hearing or have a visual disability. The fund provides reimbursement for services such as sign language interpreters, Computer Assisted Real-Time Transcription (CART), Braille documents, and readers where necessary to ensure effective communication with clients. 

The Disability Issues Committee of the State Bar of Texas is also collaborating with the Legal Access Division of the State Bar to provide education to lawyers on effective communication requirements under the ADA. For more information on the Communication Access Fund, training offered by the Disability Issues Committee, or how to find qualified sign language interpreters, please click here.

Brandon M. Tuck is an associate at Vinson & Elkins LLP in Houston, Texas, where his practice focuses on environmental and natural resources law.