The view from a wheelchair

• EDITOR’S NOTE: William F. Crowell’s letter to the editor appeared in September. In it, he accused attorneys with disabilities of wanting “to have it both ways:” they want to collect disability benefits while remaining eligible to work, he said. This letter from Berkeley attorney Melissa Male was sent as a response to Crowell.

Male

My name is Melissa Male, and I am a fellow Golden Bear. I am always delighted to make the acquaintance of others who have graduated from Cal. It holds a very special place in my heart, as I hope it does with you. Although there are many wonderful things one could say about Cal, to me, the best part about it is its diverse student population. Because of this diversity, I knew Berkeley would provide me with the opportunity to learn and experience things I otherwise would not. This wonderful little microcosm called Cal, that is so accepting and embracing of diversity, has had a lasting impact on my life, and I’m glad to know that we both share a piece of it.

In addition to having graduated from Berkeley, you and I have something else in common: we are both members of the California bar. Though I have only been an attorney for a little less than a year, I take great pride in being a member of the bar and all that I have accomplished in order to become a member. From as early as I can recall, I have always wanted to be a lawyer. I think I initially wanted to become an attorney because I would watch “L.A. Law” with my mother and thought being a lawyer was “cool.”

Of course, as I matured, I began to realize the true importance lawyers have in our society. From ending slavery and desegregating our schools to shaping the outcome of the 2000 presidential election, attorneys have played pivotal roles throughout our nation’s history. In fact, Cal might not have become the richly diverse environment that it iswere it not for the actions of attorneys throughout history.

As you know firsthand, the journey on the road to becoming an attorney is not an easy one. My journey was certainly an adventurous one, with many bumps along the way. During this journey, I have achieved a great deal: in high school, I was president of the Student Council, member of the National Honor Society and salutatorian of my graduating class. In college, I became a member of Pi Sigma Alpha (Political Science Honor Society), sat on the Vice Chancellor’s Student Advisory Committee and worked as an intern at the Berkeley Art Museum. In law school, I was twice the recipient of the Public Interest Practice Scholarship at Boalt Hall, I was the vice president of a very active student organization and worked as a legal intern for several prominent public interest organizations in the Bay Area.

However, you should know that, in addition to these accomplishments, as well as the overwhelming demands of high school, college and law school that had to be met, I have had to overcome many obstacles to get where I am today. Most notably, I have had a physical disability my entire life. My disability is Spinal Muscular Atrophy. To make it as simple as possible to understand, I have very weak muscles. I am not able to walk and must use a motorized wheelchair to get around. I am not able to cook, clean, shower and dress without the assistance of an attendant. Every day is a challenge, yet, I have chosen to live a full and vibrant life. I have never allowed my disability to serve as an obstacle, or an excuse, that would prevent me from reaching my personal and professional goals.

It is for this reason, in fact, that I chose to attend Berkeley, both as an undergrad and law student; I knew that the diverse and accepting environment at Cal would welcome me, a disabled student, and never turn me away from any academic or social opportunity. The journey was long and tough, but I made it. I scored well on the LSAT, I performed well at Boalt, and I passed the bar exam (on the first try). I’m an attorney, just like you.

This brings me to my reason for writing this lengthy letter, Mr. Crowell. It broke my heart and stunned me to read your letter to the editor. In your response to the August article “Attorneys with Disabilities Face Tough Job Market,” you claimed that it was “merely politically correct doublespeak from the thought police,” and that we want to have it both ways — collect benefits yet claim we can work. Mr. Crowell, I am saddened that a fellow attorney, and fellow Golden Bear, would say such offensive and ignorant things. I am ashamed that we share Cal as our alma mater. I don’t know who has filled your mind with such hatred and lies to cause you to say such things.

Here is the truth: there are many attorneys in this country with “disabilities” (since you clearly do not know the definition of disability, I suggest you brush up on the definitions as they exist under federal and California law — you may even benefit from these laws one day, if you don’t already). Depending on the disability, some attorneys may need special accommodations at work, such as wheelchair access to the restroom, large print documents, voice activated computer programs, part-time hours, etc.

Regardless of the need for accommodations, disabled attorneys are fully capable of working. I, as well as every other disabled attorney for that matter, did not go through five years of college, three years of law school and pass the bar exam in order to “have it both ways.” I did not put my blood, sweat and tears into my education to collect $800 a month from the Social Security Administration (and you might also want to brush up on SSA regulations — many disabled individuals are not eligible for/don’t receive benefits, and those who do may still be eligible to receive benefits AND work).

However, and unfortunately, at the moment, I myself am unemployed. It has been quite a struggle to find employment. I am more eager than any able-bodied young attorney to begin working again. Yet, I face real and actual challenges in finding employment. Because I fatigue much faster than the average person, I can’t work over 45-50 hours a week. Billable hour requirements at many firms are not realistic for someone like me.

In addition, clearly after reading your response, there are, unfortunately, many attorneys out there who still have fears and misconceptions about disability. This is unacceptable. How can officers of the court, who are sworn to assist clients, no matter what their race, religion, sex, age, sexual preference or ability, have negative attitudes towards disability? 

Mr. Crowell, I’m not angry at you; I feel sorry for you. Sorry that someone who attended the finest public institution in the country, a university that welcomes students from all walks of life, and someone who is a sworn officer of the court, would feel such hate in his heart to utter the words you did. I hope that you don’t have any disabled clients, for you are doing them a great disservice.

It might be a good idea for you to use some of your MCLE credits by attending programs focused on disability law. Perhaps you will learn a thing or two and change your mind about the disabled.