Waterford Law Firm Charged With Discrimination Over Deaf Client's Interpreter

The Michigan Department of Civil Rights has charged Waterford law firm Booth Patterson, PC with disability discrimination, alleging that it failed to provide a requested accommodation to a deaf client during six meetings in 2023. The client was billed $1,860 for legal services during that period and allegedly was not reimbursed for $130 spent obtaining an accommodation independently, according to Michigan Advance. The department said there were sufficient grounds to charge the firm with failing to accommodate a person with a disability in a place of public accommodation, Michigan Advance reported. The client signed a binding agreement for civil-case representation with Booth Patterson in December 2022, and the representation continued through June 15, 2023. According to the department's allegations, the client verbally requested an accommodation on or about March 15, 2023, but the firm did not provide one. The six meetings with a Booth Patterson representative occurred between March and May 2023. The lawyer's time was billed at $300 an hour, totaling $1,860, according to Michigan Advance. Booth Patterson partner David J. Lee denied the allegations in comments to Michigan Advance, saying he “did absolutely nothing wrong.” Lee said the client used the client's mother as an interpreter during the civil-case proceedings rather than a licensed interpreter. Lee said he favored the client's mother because he believed she could communicate more effectively with the client than a professional interpreter. He also said he served and represented the client well throughout the case, according to the outlet. The charging document states that reimbursing the client for the accommodation would not have created an undue financial hardship for Booth Patterson, according to Michigan Advance. The client filed a complaint with the Michigan Department of Civil Rights in November 2023, prompting the department's investigation. According to the Michigan Department of Civil Rights, providers may have a legal obligation to offer accommodations such as sign-language interpreters. The department says providers and consumers should use an interactive process focused on effective communication and the individual's needs and setting. The U.S. Department of Justice says businesses and government entities covered by the Americans with Disabilities Act must provide auxiliary aids or services when needed for effective communication. The appropriate aid depends on the nature, length, complexity and context of the interaction, according to ADA.gov. The case is scheduled to proceed before an administrative law judge, who will hear evidence from the department and Booth Patterson and determine whether discrimination occurred. If the judge finds discrimination, the Michigan Civil Rights Commission will issue a final ruling. The department is asking the commission to require Booth Patterson to provide disability training and reimburse the client for time spent without the necessary accommodation. It also wants the firm to send certification of the incident to the State Bar of Michigan and the Michigan Department of Licensing and Regulatory Affairs, according to the report. John Johnson Jr., executive director of the Michigan Department of Civil Rights, said refusing appropriate accommodations prevents people with disabilities from properly receiving needed services. The case was originally reported by Michigan Advance; The Oakland Press later published a version that credited Michigan Advance with the original reporting.