Haley Moss¹

Contents

1. I. Introduction
1. A. What is ADHD?
2. A. Managing ADHD
3. B. How ADHD Impacts a Lawyer’s Work and Perspectives
4. C. A Lawyer’s Options for Disclosing ADHD
5. D. Accommodating ADHD in the Profession
2. III. Thriving with ADHD as a Lawyer
1. A. Neurodiversity-Affirming Approaches to ADHD
2. B. Hacking Executive Function
3. C. Policy Implications and Broadening Support Networks
3. Footnotes
4. Downloads

I. Introduction

When people think of Attention-Deficit Hyperactivity Disorder (“ADHD”) — they usually have a very specific type of person in mind. They typically imagine a young boy, most likely white, in elementary school, who is disruptive in a classroom setting, can’t sit still, and often forgets where he placed his homework. But that isn’t the full story of ADHD, as it is simply a collection of stereotypes that overlook the core of the disability as well as the diversity of the population with ADHD. We don’t immediately picture a spectrum of high-achieving adults, let alone lawyers.

A. What is ADHD?

ADHD is a lifelong, neurodevelopmental disability and form of neurodivergence that is characterized by an ongoing pattern of inattention, hyperactivity, and/or impulsivity.² Inattention can look like an inability to focus and complete tasks, or appearing distracted or losing things. Hyperactivity and impulsivity can present as affecting someone’s ability to stay in one place or sit still, or waiting for their turn to speak and regularly interrupting others.³ These traits begin showing in childhood, but not all children who have ADHD are identified or diagnosed, with some discovering the disability as an answer for continuing challenges in adulthood.

ADHD is divided into three main subtypes, depending on which symptoms are predominant for a person: 1) inattentive; 2) hyperactive-impulsive; and 3) combined.⁴ The inattentive type of ADHD is when a person experiences more symptoms of inattention than hyperactivity or impulsivity, and often miss details, are easily distracted, have trouble focusing on a single task, or appear as if they are listening or daydreaming. The hyperactive-impulsive type of ADHD can have symptoms of inattention, but largely experience traits related to hyperactivity and impulsivity, such as fidgeting, restlessness, impatience, blurting things out and talking too much, and constantly needing stimulation or movement. Finally, the most common presentation of ADHD is the combined type, in which a person exhibits traits from both other subtypes that don’t exclusively fall into one category.

One of the hallmarks of ADHD across all three subtypes are difficulties with executive functioning, which are a group of key mental tasks such as planning, strategizing, organizing, and goal-setting.⁵ This can look like a visibly messy workspace, late assignments and struggles with deadlines, misplacing items, or completely blanking out after receiving instructions, or any of the many difficulties in getting things done.⁶ For youth with ADHD, researcher Russell Barkley estimates that typically those deficits can be about 30% behind someone’s chronological age, meaning their executive functioning capabilities are more in line with younger children than same-age peers.⁷

II. High Achievers: Where Lawyers with ADHD Enter the Conversation

The symptoms and traits of ADHD give the illusion of a population of children who are mischaracterized as lazy, unintelligent, and unmotivated. People don’t “grow out of” ADHD; in fact, estimates show ADHD affects between 10 million adults⁸ and 15.5 million adults. Over half of people with ADHD are diagnosed in adulthood, according to the Centers for Disease Control and Prevention.⁹ ADHD in adults also goes unnoticed because its symptoms can be subtle or mistaken for personality traits, such as procrastination due to laziness or being a chatterbox.¹⁰ Many people with ADHD are high-achievers, often putting in extra effort and working twice as hard as peers in order to achieve advanced degrees, launch businesses, and build successful careers.¹¹ They are an inherently curious group that also has the ability to deeply focus on topics they are passionate about. That being said, about 12.5% of lawyers reported having ADHD in a 2016 study,¹² which is over twice the number of adults who are diagnosed with ADHD according to the CDC.¹³

Lawyers with ADHD are naturally high-achievers to have survived, and even thrived, the hurdles of law school and entering the legal profession. As Annie Little, a lawyer with ADHD said, people with ADHD are drawn to the profession because of their ability to thrive under pressure and hyperfocus.¹⁴

A. Managing ADHD

Even with higher-than-average numbers of people with ADHD in the legal profession, adults with ADHD rarely are managing the condition well. Less than 20% of adults with ADHD receive the treatment and care they need,¹⁵ though more have been receiving help following the COVID-19 pandemic creating greater access to diagnoses and treatment.¹⁶ For adults with ADHD, treatment and care comes in the form of therapy, behavioral treatment, and stimulant and non-stimulant medications. Most commonly, 1 in 3 diagnosed adults with ADHD in the U.S. are using stimulant medications,¹⁷ such as Ritalin, Adderall, or Vyvanse.¹⁸ However, that number appears low due to stigma associated with ADHD stimulant medications, medication shortages,¹⁹ and abuse on college and school campuses. Students with ADHD report that peers look to them to sell ADHD medication to improve academic outcomes or for recreational use.²⁰

ADHD is also complex since it is often accompanied by co-occurring mental health conditions, such as mood disorders, personality disorders, or substance use disorders. About 70% of adults with ADHD have at least one other co-occurring mental health condition.²¹ The most common co-occurrence is anxiety, followed by depression, but it is also possible that ADHD occurs alongside substance use disorders and personality disorders. On top of managing ADHD symptoms and traits, lawyers and others with ADHD may also be monitoring and managing their mental health through therapy or medication, perhaps even treating a mental health condition as the primary focus rather than ADHD (which may or may not be managed or even properly diagnosed or identified).

Intervention and treatment numbers are likely to be lower for law students and lawyers with ADHD, who face additional stigma beginning in the bar admissions process and throughout their time in practice due to concerns around “fitness to practice.” Lawyers and law students are unlikely to receive help for their mental health. Nearly half of all law students were dissuaded from seeking counseling or mental health treatment because of potential consequences during the bar admissions process.²² The profession also does not lend itself to being a psychologically safe place for disclosure and vulnerability around disability and mental health, with many lawyers with ADHD choosing to stay quiet and try to self-accommodate and push themselves to the point of burnout, thinking that being open about ADHD will derail their career or lead to negative treatment from other lawyers.

For those who do self-manage ADHD, behavioral approaches and lifestyle changes can be implemented to the best of an individual’s ability.

B. How ADHD Impacts a Lawyer’s Work and Perspectives

Many lawyers make it through law school and academic settings despite weak executive functioning skills, but those executive functioning skills are put to the test and lawyers with ADHD can crumble under the increased demands of practice. Balancing inflexible deadlines, logging billable hours, prioritizing research and writing assignments, scheduling and meeting with clients, require organizational and time management skills well beyond attending classes, studying, taking exams, and writing papers in law school.²³

Executive functioning is one of the greatest difficulties for lawyers with ADHD, as well as those with other forms of neurodivergence like autism. In childhood, it is common for parents, caregivers, and other adults to assist with tasks and executive functions, often covering the difficulties of making sure children are on time for school and activities, that they have a packed lunch, and get their homework done. But as people with ADHD enter adolescence and adulthood, those responsibilities shift onto them and the deficits become more apparent.

When taking into account the number of executive functions needed to be a successful legal practitioner, it can be overwhelming and require extra time for planning ahead. Lawyers with ADHD might think they can keep track of everything in their heads, but might have poor working memory related to these challenges.

Challenges with executive functions can lead to lawyers with ADHD being perfectionists, missing deadlines due to procrastination and poor time management, spending too much time on certain assignments and not enough time on others, or issues with timekeeping and billing. All of these can negatively impact a lawyer with ADHD with their evaluation, perception of professionalism, or employment prospects if not supported or accommodated in some way.

However, lawyers with ADHD also bring unique perspectives to practice. Their ability to hyperfocus frees them from the traditional distractions on something that they are passionate about or find interesting, and can excel under pressure or in a chaotic environment. Individuals with ADHD tend to have more creativity, which can lead to outside-the-box thinking. This ability proves invaluable for attorneys, given the constant need for problem-solving, multitasking, and agile thinking.²⁴

C. A Lawyer’s Options for Disclosing ADHD

One major decision that lawyers with ADHD come across is whether or not to disclose having the condition to managing partners, supervisors, or the organizations for which they work. While it may seem intuitive to disclose in order to reduce stigma and promote transparency, disclosure is a highly personal and situational decision that requires strength, advocacy, and vulnerability.

Lawyers may not choose to disclose ADHD for a variety of reasons. They may not even know they have ADHD in the first place, but be self-diagnosed, self-identified, suspect they have ADHD, or be completely unaware of how their neurotype is affecting their daily lives. There are a variety of barriers to receiving an ADHD diagnosis as an adult. Adults may not receive a diagnosis due to financial barriers, time constraints, gender disparities, cultural expectations, and/or misguided stereotypes and beliefs. A lack of formal diagnosis does not diminish an individual’s need for support, but undiagnosed ADHD lawyers may face additional barriers to access when formal accommodations are to be considered.

D. Accommodating ADHD in the Profession

Accommodations for disabilities are governed under the Americans with Disabilities Act (“ADA”). The ADA is divided into five titles and prohibits discrimination and provides for reasonable accommodations for people with disabilities. Employment related accommodations fall under Title I of the ADA. Under Title I of the ADA, private employers, state and local governments, employment agencies, and labor unions are prohibited from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment. Title I of the ADA applies to organizations with fifteen (15) or more employees.

People with ADHD are qualified individuals with disabilities because under the ADA, a disability is defined as a physical or mental impairment that limits at least one major life activity. ADHD is a mental impairment as it is a neurodevelopmental disability, and limits major life activities such as focus and concentration, learning, and their ability to work. Depending on the employer, the individual may be required to provide medical documentation or a letter from a therapist, doctor, or other healthcare professional confirming they have ADHD.

Under the ADA, accommodations have to be reasonable and related to the essential functions of the job. Each person with ADHD is unique, and their traits may have varying impacts on their day-to-day functioning and ability to do their job well.

Managers, supervisors, and employees alike may not know what to suggest as reasonable, or they may be lacking in ideas to best support lawyers with ADHD. One resource they can utilize for suggestions on reasonable accommodations is the Job Accommodation Network (askjan.org), which provides free, confidential technical assistance on accommodations and the ADA. The Job Accommodation Network specifically lists accommodation ideas for ADHD by the person’s limitation or work function.²⁵ The possibilities are endless, from productivity apps, organization products and strategies to implement, sensory aids and fidgets, flexible or remote work policies, increased mentorship and guidance, job coaching, or more frequent reminders.

What makes accommodations so limitless with potential is their ability to influence law firm and organizational policy. The concept of universal design makes it so accommodations are the norm and are already built into an environment. Universal design draws from principles such as equitable use so (1) all users can find a product or space useful; (2) flexibility in use to accommodate preferences and abilities (much like the left-handed or right-handed desk issue); (3) simple and intuitive use that makes it easy to understand; (4) perceptible information; (5) tolerance of error to minimize harm from accidents; (6) low physical effort; and (7) adequate size and space for all bodies to navigate and use.²⁶ For neurodivergent workers, one of the most commonly cited distractions and difficulties in office settings is noise. While an office might be quiet aside from negligible background noise that might be amplified to an oversensitive neurodivergent ear, the traveling sound of voices and pings of technology can be more disruptive than a clock or humming lights that may easily be tuned out with a pair of headphones. To help combat distraction, having areas dedicated to focus and encouraging folks to leave their cell phones on silent or vibrate can reduce the amount of sudden noises that are not part of the typical law environment.²⁷

A universally designed workplace does not merely benefit people with disabilities or solely those with ADHD, but has the ability to improve work culture and life for all employees. Stronger, more transparent policies and procedures help all employees.

III. Thriving with ADHD as a Lawyer

While ADHD is a lifelong disability, it doesn’t have to be approached solely through the lens of a deficit or consistent struggle. Reducing stigma around ADHD in the legal profession and celebrating all forms of cognitive differences within law can make for happier, well-adjusted, neurodivergent lawyers, judges, law students, and other professionals.

A. Neurodiversity-Affirming Approaches to ADHD

Neurodiversity is a concept where neurological differences are to be recognized and respected as any other human variation. These differences can include those labeled with Dyspraxia, Dyslexia, Attention Deficit Hyperactivity Disorder, Dyscalculia, Autistic Spectrum, Tourette Syndrome, and others.²⁸ Simply, neurodiversity is “the diversity of human brains and minds — the infinite variation in neurocognitive functioning within our species,” while the neurodiversity paradigm is a specific perspective where neurodiversity is seen as (1) a natural and valuable form of human diversity; (2) there is no one “normal,” “right,” or “healthy” type of brain or mind, much like there is no one “normal” ethnicity, gender, or culture; and (3) the social dynamics and power inequalities at play in neurodiversity are similar to the ones that are present in regards to other forms of human diversity.²⁹

Viewing neurodivergence such as ADHD as a natural human variation plays into a social model of disability, which turns an impairment into a disadvantage because of barriers to access.³⁰ Essentially, the disability is not the problem itself, but society makes living with a disability or form of neurodivergence more difficult than the symptoms and traits related to the condition may be. The World Health Organization (“WHO”) acknowledges that “disability exists only in the gap between the person’s abilities and capacities and the demands of the environment.”³¹ Keeping this in mind, the legal profession makes ADHD and other disabilities appear more pronounced and highlights a person’s limitations and struggles rather than what they offer — creativity, innovation, hyperfocus, passion, and unique perspectives.

Taking a neurodiversity-affirming approach to advocacy in the profession as well as self-advocacy requires small changes and steps that make a larger impact by reframing neurodivergence from a failed version of normal to just another way of being human. Strengths-based approaches to ADHD identify and leverage positive attributes of the condition rather than solely concentrating on deficits, and allows for higher self-esteem and optimism.³² One way that lawyers can better advocate for themselves and colleagues is through the use of strengths-based approaches and language. For instance, reframing the difficulty focusing for long periods of time as having a strong ability to focus in short bursts of time, can guide accommodations³³ and help the individual better understand themselves. Strengths-based language is a tool that does not minimize or ignore a person’s challenges, but contextualizes them and reframes them in a way that recognizes an individual’s agency and perspective.

Studies show that adults with ADHD are realistic about their struggles, but also their successes. Professionals with ADHD overwhelmingly describe divergent thinking, creativity, curiosity, and hyperfocus, as well as resilience, courage, humanity, bravery and risk-taking as positive attributes of the condition.³⁴ Utilizing and recognizing the strengths that come along with ADHD will allow for neurodivergent lawyers to have more confidence in their abilities and for those working with and managing them to best support and leverage these strengths in law practice.

B. Hacking Executive Function

Sometimes, workplace accommodations are not a viable option due to feeling insecure or unsafe disclosing or lacking a formal diagnosis. With the greatest challenges of ADHD and neurodivergence being related to executive functioning, building in extra time to automate, organize, and increase productivity might be the best way to self-accommodation and support.

Poor working memory is associated with ADHD. To accommodate poor working memory, using whiteboards and writing out to-do lists and crossing things off can help someone to better prioritize and organize their tasks and thoughts. Having a calendar (whether digital or physical) can assist with keeping track of meetings and deadlines as well as time management. Ideally, a physical workspace is not as cluttered as the inside of a person’s brain can be, and that can also be of service.

Delegation is a valuable skill in executive functioning to lighten the mental load and to clear tasks off of a cluttered to-do list. Leading through delegation can allow lawyers with ADHD to hyperfocus on tasks they find interesting or need more time to complete, while allowing others on the team to work on the more monotonous tasks or ones that a lawyer with ADHD is struggling with. Every individual has unique strengths and challenges, and coming together to figure out who excels at which elements of law practice can make for a highly productive, strategic legal team.

Another strategy to help people with ADHD get things done is gamification. Gamification uses game elements such as challenges, rewards, or progress-tracking to non-game tasks, and works for people with ADHD since it triggers dopamine release for them.³⁵ Dopamine is a neurotransmitter involved in reward, motivation, and attention, and less availability of dopamine in people with ADHD means they need an extra reason to do something that they might find boring or uninteresting. Gamification makes the ordinary seem exciting and assists with procrastination. Mobile apps are especially helpful in gamification. One example in particular that is helpful outside of work is an app called Finch, in which users can program in self-care tasks which turn into energy and currency to take care of a virtual bird. The currency can be spent on furniture, clothing, and other items for the bird, and it is a simple yet effective way to keep neurodivergent people engaged with taking care of themselves or priorities professionally.

C. Policy Implications and Broadening Support Networks

The onus to bring awareness and support for lawyers with ADHD shouldn’t fall on those with lived experience. It can be exhausting to continually self-advocate, and creating and offering resources through bar associations, lawyer assistance programs, and individual law firms can help foster psychological safety for lawyers with ADHD and empower them to disclose, while also having more neurodiversity-affirming, understanding colleagues and managers.

One welcomed change comes from Goodwin Procter, a big law firm who partnered with Dixon Life Coaching, a coaching practice that focuses on helping high-achievers with ADHD manage their traits and find professional success. The partnership brought a three-month program to Goodwin Procter’s attorneys that included virtual group workshops, co-working opportunities, and strategies that the attorneys with ADHD could use in their work. The goal of these partnerships is to support neurodiverse lawyers who may or may not have disclosed their disability before, and to create resources and give tools for ADHD lawyers to thrive.³⁶ Offering coaching, group workshops, and trainings through employee benefits programs or professional development services can foster collaboration and psychological safety, while also taking off the pressure to overcompensate and avoid burnout and shame related to executive functioning challenges associated with ADHD that can be exacerbated under the demands of law practice.

If law firms and private employers are not leading the charge for lawyers with ADHD to receive support and thrive within the profession, bar associations have the ability to ease fears about fitness to practice for law students and lawyers who have ADHD. Lawyers Assistance Programs (“LAPs”) are specifically designed in each jurisdiction to provide confidential services and support to judges, lawyers, and law students who are facing substance use disorders or mental health issues.³⁷ LAPs typically focus on substance use disorders and more stigmatized mental health conditions such as mood and personality disorders, and lack dedicated resources around neurodiversity and the law. A review of LAPs shows that the California LAP³⁸ and the District of Columbia LAP³⁹ provided trainings and neurodiversity-affirming groups for lawyers and law students with ADHD to manage the condition and improve executive functioning skills.

Privately, though, lawyers with ADHD are finding community and sharing what they know with one another through the power of content creation and social media. One podcast in particular, The JDHD, stands out as an oft-cited resource and community that helps lawyers put names to their struggles, feel less alone, suggest strategies to help, and learn more through interviews with healthcare professionals, therapists, coaches, and others who live with ADHD.⁴⁰

There is no one-size-fits-all approach to self-advocacy, or even thriving as a lawyer with ADHD. Even with the same condition, there are several subtypes of ADHD and each person’s unique brain and neurotype processes information differently and has varying strengths and weaknesses. Some do best with small changes to their workflow or time management or setting regular and constant reminders and self-imposed deadlines. Others would benefit from personalized coaching or therapy. However, having supportive workplaces and colleagues to create pathways to support and community makes a world of difference to lighten the mental load of being a neurodivergent person in the profession.

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