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Reply To Topic Topic: What should people with disability do?
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Posted By on 23 Nov 2009 12:23 AM
I perceive the "everyone has a little ADD" statement akin to "everyone has a little crystal meth every once in a while" or "everyone can drink just one drink", et al. You don't get an ADD/ADHD diagnosis unless those issues are so strong and apparent in your life that you can't function normally. Just like you're not an alcoholic unless you can't learn to say no after one drink. We don't bash the alcoholics for recognizing their disease so why do you want to pick on those that have absolutely no say of their own about how their brain chemistry works? I heard a great analogy this weekend on how to understand why a stimulant would help a person with ADD/ADHD instead of making them worse. A normal brain tick tocks along in pace with their body just like a metronome. But an ADD/ADHD brain pings along too fast for the body to provide sufficient stimulus to keep the brain occupied. When you give the body just a little zap of these stimulant medications, the body and the brain can then become in sync and things work more normal. I'm not sure that has any scientific basis in fact, but I can tell you that it helps me understand what's happening in my head. Without my daily meds, I can't focus on a conversation at coffee with a friend or at my computer doing work or driving down the street in my car without bouncing all around with my eyes wondering what's happening over here or over there. In very short order, I'm distracted from what I was trying to do and the "multitasking" as we have come to call it means I gave none of it sufficient energy to accomplish any of the goals. The end result is failure to learn, such as when studying, or failure to meet deadlines or usually to even remember that I have a deadline. ADHD folks are like those that sleep restlessly and can't get that deep rem sleep, only we can't devote enough attention to accomplish our task. I also got diagnosed with severe sleep apnea during law school because I couldn't stay awake in afternoon tasks, let alone focus on the task at hand if I could manage to stay awake with tons of caffeine. Once I got my cpap (my best bed partner ever!), I began to sleep much more soundly and the next day produced better results, except then the ADHD became more apparent as the issue. The night I got tested for sleep apnea, I held my breath and awoke gasping for air 59 times in the night. You meet the diagnosis for severe sleep apnia at 30 times or more. Can you imagine how much difference I feel now that I can sleep easier? The same thing is happening now when I take my ADHD meds. I can survive better in the world and at least make an effort to stay reasonably focused on what it is that you're even saying to me in the coffee shop, in the car, in the restaurant, or in the library studying for the bar exam. But meds alone don't cure the problem. It's a life-long struggle to find balance in one's life and it's never back to "normal". Will my client get billed more because I have to deal with my physical disorder? Absolutely not! I happen to be entering into bankruptcy where we do work on a fixed price basis, so there's no impact to my client at all, presuming I meet all the deadlines. And because of that very issue, I will always have an assistant working for me to keep me on task and very aware of deadlines. I can program a computer to remind me, but snooze button on reminders is about as effective as the snooze button on your alarm clock at 5am after only four hours of sleep. It takes a great deal of discipline and not just a computer to remind you of dates. Hence, I'd never trust myself to be totally solo without administrative help. I may end up the only lawyer in my practice, but I already coordinate with others in the field so that we share war stories, ideas, frustrations, and victories. I will never put the trust and needs of my client at risk without a diligent backup system in place to safeguard from error. So what should the original inquirer do? I think he should proceed with their goals as best they can while getting treatment and counseling for the issues that face him or her. You can get accommodations from the Bar, but only if your case is so well documented that even the disgruntled students above would agree that life just isn't normal for you. You have a very big task at hand to get your application so well made that there's hardly an opportunity to rebut your evidence. Without that burden of proof, you will never convince the State Bar of CA that they should allow you the opportunity to show that you can do the work if given a reasonable chance to perform it. ADA requires the accommodations be "reasonable". Trust me, with a likely declination rate around 99% of all initial applications, "reasonable" is so far beyond fathomable that you won't be given an unjust playing field in your favor. Take the bull by the horns, work hard on your documentation, and then study the bejesus out of prior essays and PT's. I did 46 essays and 8 PT's for July and I passed, as compared to 23 essays and 3 PT's on my first bar (earning a 1432) and hardly any essays or PT's on my second. Bar failure depression is serious stuff and I bet I wasn't the only one to have their scores go down instead of up on their second bar attempt. With MBE's of 147 and 156 on my first two bar exams, no one could possibly say I didn't know the material! Once I got on meds to control the noise level of distractions, I was able to double my preparation efforts and demonstrate that I really was capable of representing my clients with sufficient knowledge of the law. Now get out there and kick some butt! (Even you naysayers) Jeff
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: What should people with disability do?
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