justice scales symbol for attorneys
GUIDE TO PROVIDING 
ACCOMMODATIONS: 
Prosecutors and 
Other Attorneys 

People with disabilities and Deaf people are victims of violent crime at three times the 
rate of people without disabilities.1 They also experience some of the greatest obstacles 
to accessing justice. These barriers make it diffcult, if not impossible, to fully participate 
in the legal system. Federal law requires government agencies and places of public 
accommodation, including prosecutors and civil legal and victimsÕ rights attorneys 
working for private frms or non-proft agencies, to ensure their responses and services 
are accessible to victims with disabilities so they can participate in the legal system.2,3 An 
important way to increase access to justice is by providing people with accommodations. 
Victims may need accommodations to work with your offce or during the court process. 

Ask Everyone and Ask Often 

Why ask everyone? 
One in 4 Americans has a disability. 
For many, their disability may not 
be visible. For this reason, it may not 
be possible to tell if someone needs 
accommodations just by looking at 
them. Best practice is to ask everyone 
you work with if they need any 
accommodations. 

Why ask often? 
A survivor may have a better sense 
of what they need as they learn more 
about the legal process. They may also 
feel more comfortable talking about 
their needs as they build trust with an 
attorney, prosecutor, or victim advocate. 
Additionally, their needs may change 
over time based on where they are in 
the legal process.

When? 
Ask during your frst interaction 
with a survivor. Continue to ask at 
every new step in the process or new 
activity the victim will participate in. 

To learn more about 
providing accommodations,
visit reachingvictims.org/
resource/just-ask. 


STEP 
1 

Set the stage. 

Explain why you are asking about accommodations. 

For example: ÒWe want to make sure every victim gets the help they need. We also want 
to make sure victims can participate in the legal system, including people with disabilities 
and Deaf people. We know that some disabilities may not be visible. We also know that 
some people may not feel comfortable asking about accommodations on their own, so 
we ask everyone if they need any accommodations.Ó 

Describe your services and the legal process. 

People need to understand how the legal process works in your jurisdiction and how 
your offce can help them. During your frst meeting with a survivor, explain privilege and 
how you will work with them, including any tasks they may need to do, such as flling 
out paperwork or remembering specifc dates and times of events. This will help them 
determine if they need any accommodations to meet with you. It is also important to 
provide a basic overview of the legal process at this time, which will help the survivor 
determine if they need any accommodations when they go to court. Each time you meet 
with the victim, review the legal process. For example, if you are meeting with a survivor 
to go over their testimony, let the survivor know what to expect, including what the 
courtroom looks like, who will be in the room, what their role is, and where they will sit. 
This will help a survivor determine if they need any accommodations to testify. 

Did you know? 

Many of these accommodations are free and easy to provide and can 
make a signifcant impact on a victimÕs ability to participate in the 
legal system. For more examples of accommodations, refer to our 
Accommodations Tip Sheet. 


STEP 
2 

Ask and listen. 

Ask. 

1.Start by asking if the person needsany accommodations to work withyou or go to court. Here are someexamples of how to ask:

¥Is there anything I can do to make iteasier for you to meet with me andtalk about what happened to you?
¥Are there any additional supportsyou need to go to court?
¥Do you need any accommodationsto work with our offce/participatein this case?

2.If the victim needs more context,
you can ask more specifc questions,
such as:

¥Are there any additional supports youneed to understand or fll out theforms?
¥Is there something we can do to makeit easier for you to give testimony incourt? Giving testimony means tellingthe court what happened.
¥Are there any supports you need toprepare your victim impact statement?

Listen. 

3.Give examples. Here are some thingsyou can say to help survivors identifyaccommodations they may need:

¥I can write down what we talked aboutif youÕre having trouble rememberingor focusing on what IÕm saying.
¥I can read written information out loud.
¥I can get a sign language interpreterso we can communicate.
¥We can tour the courthouse before thehearing.
¥We can take a break during themeeting or deposition if you start tofeel overwhelmed.
¥We can request a recess, or break,
during hearings and trial testimonyif you start to feel overwhelmed, needto gather your thoughts, or takemedication.
¥We can request that a specially-traineddog be present while weÕre in court tomake you feel more comfortable.
¥I can provide you with a diagram ofthe legal process. Each time we meet,
we can review where we are in theprocess and who is involved.

People with disabilities and Deaf people know best what they need and how to meet 
those needs. People with the same disability may have different needs, so do not make 
assumptions about what will work for a person. 


STEP 
3 

Provide accommodations. 

Provide the requested accommodations as soon as possible, keeping in mind that some 
survivors may not be able to stay safe and heal without them. It is the responsibility 
of your offce to cover any costs associated with providing access to meetings and 
depositions. It is the responsibility of the court to provide accommodations for legal 
proceedings. 

STEP 
4 

Check in and make changes. 

Finding the right accommodation can take time. After providing an accommodation, 
check with the survivor to see how it is going. Is the survivor/client able to fully 
participate in their interactions with you and court proceedings? If not, what would 
work better? 

Tip for working with D/deaf clients 

In addition to the sign language interpreter provided by the court, it 
is advisable that each attorney, especially those directly representing a 
client, provide an additional interpreter to interpret private conversations 
with their client. 


What is an accommodation? 
Titles II and III of the Americans with Disabilities Act (ADA) require 
government agencies and places of public accommodation, including non-proft 
organizations and private law frms, to make all services available to people 
with disabilities. This includes providing auxiliary aids and services, such as sign 
language interpreters or Braille materials, to ensure equal access. It also includes 
making reasonable modifcations to policies, procedures, and practices. Together, 
we refer to these as accommodations. 
When explaining what an accommodation is to a victim, use plain language. 
For example: 
ÒSome people with disabilities and Deaf people need prosecutors and 
other attorneys to make changes to the way we work with them so that 
the person with a disability can prepare for and participate in legal 
proceedings. These changes can include providing the person with 
equipment, such as a portable ramp; getting a sign language interpreter; 
or doing something to support the person, like reading forms out loud 
or in plain language.Ó 

Accommodations in court 

Federal law requires courts to provide and cover the costs of reasonable 
accommodations for legal proceedings.4 To ensure they do, you or your 
staff should contact the courtÕs ADA compliance offcer ahead of time. 
If an accommodation is not provided, you may need to fle a motion 
with the court arguing the accommodation requested is necessary and 
reasonable given your clientÕs or witnessÕ disability.5 Under state and 
federal crime victimsÕ rights law, accommodations are not just for 
testifying. For example, a survivor can request an accommodation to 
help them understand what is happening in the courtroom. 


To learn more about providing accommodations, visit 
reachingvictims.org/resource/just-ask. 

1 Erika Harrell, Crime Against Persons with Disabilities, 2009Ð2014 - Statistical Tables (Washington, DC: U.S. Department of 
Justice, Bureau of Justice Statistics, 2016). 
2 The Americans with Disabilities Act (ADA) went into effect on January 26, 1991. Title III of the ADA, 42 U.S.C. ¤¤12181 
Ð 12183 (1990), provides people with disabilities the right to equal access to public accommodations. Both Title III of the 
ADA, and the U.S. Department of Justice regulation pursuant to Title III, 28 C.F.R. Part 36, specifcally include the offces of 
lawyers in the defnition of public accommodations. 42 U.S.C. S¤12181; 28 C.F.R. ¤36.104 2010. 
3 VictimsÕ rights generally include the rights to be treated with dignity and respect and to a meaningful role in criminal justice, 
neither of which can be afforded without accommodation. See Crime VictimsÕ Rights Act, 18 U.S.C. ¤3771 (1984). 
4 The Department of Justice guidance states: 
56 Fed.Reg. at 35567 
The Department wishes to emphasize that public accommodations must take steps necessary to ensure that an individual 
with a disability will not be excluded, denied services, segregated or otherwise treated differently from other individuals 
because of the use of inappropriate or ineffective auxiliary aids. In those situations, requiring an interpreter, the public 
accommodations must secure the services of a qualifed interpreter, unless an undue burden would result. See Interpreters a 
Requirement for Meaningful Access, National Crime Victim Law Institute, Newsletter of Crime Victim Law, Fall/Winter 2013 
5 The Americans with Disabilities Act (ADA) went into effect on January 26, 1991. Title III of the ADA, 42 U.S.C. ¤¤12181 Ð 
12183 (1990), provides people with disabilities the right to equal access to public accommodations. 
To learn more about providing accommodations, visit 
reachingvictims.org/resource/just-ask. 

This document was produced by the Vera Institute of Justice Center on Victimization and Safety under Award # 2016-XV-GX-K015, 
awarded by the Offce for Victims of Crime, Offce of Justice Programs, U.S. Department of Justice. The opinions, fndings, and 
conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the 
offcial position or policies of the U.S. Department of Justice. 

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Quick Response Code: reachingvictims.org/resource/just-ask