Handling Late Diagnosis as a disabled aspiring barrister

Not all disabilities are diagnosed during childhood. The impact of a late diagnosis is especially problematic for disabled aspiring barristers. This article first looks at what it means to have a ‘late diagnosis’, how it impacts an individual’s prospects at the Bar, and finally outlines some key advice and guidance. Not every disability is diagnosed in childhood or at the onset of symptoms. Hidden disabilities are often overlooked in childhood, harder to notice, misdiagnosed, and subject to substantial stigmatising misinformation and myths. Meanwhile, access to medical and mental health support has been challenging in recent years due to substantial backlogs in the NHS and private medical support is unobtainable for many people. Collectively, these are all causing people to be diagnosed later in life or far into their studies.

 This article considers ‘late diagnosis’ in two senses – medically and educationally. A medically late diagnosis is when an individual is diagnosed with a disability (‘disabilities’ often established when the condition substantially affects the day-to-day quality of life of an individual) later than is ideal or usual. An educationally late diagnosis is when a diagnosis is received far into an aspiring barrister’s education and has thus faced a long-term impact on their journey to the bar.

Who is this article suitable for?

In writing this article, I have drawn on my own experiences and those of my close friends and family. As such, it predominantly focuses on individuals with neurodivergence and mental health disorders. However, this is suitable for individuals who have had a long-term impact on their journey to the bar. First, there are neurodivergence conditions, which include neurodevelopmental disorders such as ADHD and Autistic Spectrum Disorder, and specific learning difficulties, including Dyslexia or Dyspraxia. Second, and similarly, mental health conditions (e.g. anxiety and depressive disorders) are also being more commonly diagnosed; of note, a substantial number of neurodiverse individuals have co-morbid mental health conditions. Finally, people with hidden physical disabilities – such as e.g., endometriosis – which are often misdiagnosed or missed altogether, yet still substantially impact an individual.

The Challenges for Late Diagnosed

Disabled Aspiring Barristers

The social and academic difficulties stemming from this can substantially impact each of the key performance indications (‘KPIs’) used by chambers when assessing a pupillage application (grades, scholarships, co-curricular experiences, work and legal experiences). Whilst not every disabled individual will face all of these difficulties, they are all likely to experience several of them.

Academic excellence is arguably THE primary prerequisite for many of the pupillage application KPIs addressed in this article. Disabled aspiring barristers are less likely to obtain top grades due to the additional struggles they are facing without suitable formal support.

Whilst good strides have been made to overcome elitism at the bar, it still remains true that attending certain institutions is a substantial advantage and is an expectation at many of the most prominent chambers. Without a track record of top grades, admission to all of these institutions becomes far more challenging due to entry requirements and scholarship requirements.

Scholarships and awards are a necessity for most aspiring barristers. First, many pupillage committees look for prestigious scholarships from the Inns of Court or awards from universities which are awarded based on merit and quantified based on often financial need. Second, many of the aforementioned educational expectations are very expensive, requiring substantial financial support. These scholarships and other awards are based on academic merit and/or extra/co-curricular activities, which are also less accessible to individuals with disabilities, especially when undiagnosed.

Orchestrating a well-rounded CV for your target university courses, scholarships, and pupillage involves engaging in co-curricular and extra-curricular activities. For aspiring barristers, mock trials, mooting, and debating are some of the most direct ways to showcase and enhance their oral advocacy and legal research, analysis, and argument skills. As such, involvement and high performance in those competitions are important KPIs for many vocational bar scholarships and pupillage application assessments. Likewise, mini-pupillages, open days, networking, pupillage events, and other work experiences are crucial for developing well-rounded, relevant CVs. Both extra and co-curricular experiences are most challenging for disabled barristers due to, for example, difficulty with organisation, low self-esteem, or not having enough time due to having fallen behind on university work.

Taken together, disabled aspiring barristers face substantial hardship in gaining the relevant grades, skills, experiences, and opportunities which are central – often critical - to gaining pupillage. A late diagnosis worsens the impact of their disabilities due to the lack of formal support and guidance. So, how do you overcome this?

Managing a late diagnosis in the pursuit of pupillage

I was diagnosed with ADHD at the end of the teaching period of my academic Master of Laws. This was possibly the worst time to be diagnosed and presented the most substantial barriers to getting proper support. Due to how very late my diagnosis was – both medically and educationally - there were several unique complexities in my case, leading to me making many mistakes in how I handled my situation. Here is what I suggest you do instead:

1.     University Support

First, it is crucial that you be open with your university as soon as possible: reach out to them and utilise the support they make available to you. Your university will have a dedicated team of specialist support staff who know how to help you and guide you through the university policies. Do not be afraid or ashamed to use any of the mechanisms they offer – they exist because the university knows it is necessary for you to receive this support in order to place you on an equal footing as everyone else. Support may include:

1.     General Skills Support: your university will likely also offer specialised workshops for disabled students and counselling, which will help you manage your condition and studies;

2.     Extenuating circumstances: these are measures such as extensions after sudden, uncontrollable circumstances, including flair-ups, worsening mental health conditions, or medication issues;

3.     Reasonable adjustments: these include special measures to counteract the impact of symptoms such as alternative assessment methods, specialist equipment, automatic extensions, extra tuition, and other support measures;

4.     Offering breathing time: this may include deferring assessment for a term, taking a break from your studies until the next year, or entirely resitting or ‘auditing’ modules affected by the late diagnosis (i.e. attending the seminars/lectures/tutorials again); and

5.     Resitting affected modules: the university may allow you to resit affected assessments without a grade cap, for example, at UCL you can appeal a grade on the basis that there were extenuating circumstances which were unknown at the time.  

2.     Career Support

Second, make sure you also seek adequate support in your vocational life:

1.     Speak to your university career service for specialised advice and support on making applications as a disabled candidate.

2.     Be open and honest with chambers and employers.: do not hide or mask your (dis)ability. All disabilities create strengths – be it hyperfocus, vast empathy, specialist insights, etc. Your disability will cause barriers, but it gives you many more unique selling points.

a.     On the flip side, if you feel a need to hide your disability, that is something to reflect on: what does that say about the place you work or are applying to? How will you handle the disability conversation if you start working there? Do you have negative biases against yourself? Address these – you must be open and honest with yourself, too.

3.     Ask for reasonable adjustments and to be considered under guaranteed interview schemes where offered. Again, these measures are offered because you need them. You are not gaining some unfair advantage or burdening other people; you are the one carrying the burden.

4.     Network: reach out to other disabled professionals, students, etc. Your network can provide tailored advice and support as you pursue the bar. This more empathetic, tailored support and insight will make all the difference.

3.     Professional medical support

Third, it is important to listen to your medical professional and reach out for further support. Your medical professionals will know how best to manage your symptoms, what the impact will be on your studies and life in general, and how to maximise your potential. Some things I wish I had done sooner:

1.     Ask your doctor for a letter which outlines the specific impact of your condition on your studies.

a.     UCL advised me to send them a copy of the relevant parts of the student handbooks (i.e. the part about what support the university offers and what the criteria are for them) and have your doctor tailor their letter according to that information. The best letters will include their assessment of how your diagnosis has already impacted you and what support you will need to use, drawing on the specified criteria. It will save a LOT of hassle when it comes to getting formal support;

2.     Change your GP if suitable: Go through your GP website and see which doctor will be best suited to support you with your condition.

a.     My new GP is specialised in long-term conditions such as ADHD, so getting the right support has been much easier as my new GP understands my ADHD medication very well and knows about co-morbid issues. This has made the entire process significantly easier;

3.     Listen to their expert advice: If they advise medication AND therapy, do not skip the therapy; on which…

4.     Get therapy: There is no harm in getting therapy, especially when you need to…

4.     Grieve what could have been

Fourth, getting a diagnosis is not a celebration, even when you want one; you have just been dealt several big blows, so take time to process them and what they mean to you. You may have just found out that you will never be ‘normal’, there is no ‘cure’, you have missed out on so many opportunities, your life has been much harder than it needed to be, and so on. It takes a toll, and that is perfectly normal. Feel sad. Feel angry. Feel anxious. However you are feeling, it is valid, and you need to let yourself come to terms with it healthily. Go to therapy to process all of this.

I did not realise quite how severe the aftermath of a late diagnosis could be. It was not a case of simply being told what I already knew, having some medication, and then living my best life. Instead, it felt like my whole world came caving in as I started to realise all the signs from my childhood which are so obvious now, yet missed by my doctors, teachers, and family. I realised how many opportunities I had missed out on and dreams I failed to reach due to them missing the symptoms. I realised how many issues in my personal life I was blamed for or blamed on myself, yet had always been out of control yet. I realised how much I had closed myself off and shut myself in by masking my ‘quirks’… and so… so… so much more. It is a devastating time and one filled with regret, anger, shame, and sadness. It is made much easier when you have the right support, the most important of which is from within your personal life…

5.     Personal Life

Finally, the Bar is not your entire life. Make sure you take adequate steps in your personal life to give yourself the best life you can have:

1.     Reach out to your friends and family, and let them know about your condition, such as how it affects you, them, and your relationship. Also, be honest with them about how they can support you. Remember, they are also dealing with new information about you, so consider how you can help them come to terms with it.

a.     My partner was diagnosed with a severe disorder at the same time I received my diagnosis – My partner and I collated a bunch of online information about their disorder, applied it to their specific symptoms and triggers, and then sent it to their family – this allowed them to offer far more support than when we just said ‘oh, yeah, this is what the condition is called’;

2.     Make amends: your condition may have caused issues in your personal life, so now is the time to fix those relationships.

a.     My pre-diagnosis ADHD strained my relationships with some of my family. For example, after investing heavily in my education, professional skills development, and vocational/networking opportunities, my uncle felt unappreciated. He felt that his time, money, and efforts were being wasted due to the way my symptoms manifested in my life and our relationship. None of his concerns were correct, but they were not unfounded: the diagnosis helps explain my side while validating how he felt. I imagine most neurodiverse people have similar relationships that need to be repaired.

3.     Build a network: a support network for your disability is just as important as the network you are building for your future career at the bar. You can meet people through your university, workplace, group counselling, online groups/forums, and more.      

a.     For me, volunteering at BDABar and Neurodiversity in Law has been great for helping me feel more comfortable with my condition and gaining insights and advice. Likewise, having a partner and best friend – each with neurodiverse conditions – has allowed us to help one another navigate the complexities of a new diagnosis.

In summary, a diagnosis informs you why you may be struggling more than others. It is a starting point to understanding yourself and to allow others to understand you, too. By utilising your diagnosis correctly, you can gain access to substantial formal support from your university, across the bar, and your medical professionals. This will help you to begin the process of undoing the years of damage that may already have been done.

When I was first diagnosed, the movie The Truman Show came to mind. This is a movie about a man who does not realise that his entire life is a lie: he is the unknowing main character of a TV show. When he figures it out, he tries to escape, but he is held back by trauma and the showrunners themselves. This is what the diagnosis feels like: everything is holding you back. However, I began reframing my (dis)ability, sought help, and started working towards overcoming the difficulties I have faced; this was much like Truman’s first steps outside the studio: a world of opportunities suddenly opened up. To that end, a diagnosis does not represent a figurative chain keeping you imprisoned in your own mind or body. No. Instead, it is the key to unlocking your freedom.

By Sam Flannery