Attorney Richard Bernstein Keeps His Promise

Detroit News - Disabilities Blog

By McKinzie Brantley
July 21, 2010

Richard Bernstein believes there's a reason for everything. That faith has served him well, whether it's dealing with the realities of having a disability or battling the powerful opponents he faces as an attorney.

"I love being an attorney. Advocacy is my life. I love being around people who struggle, who face adversity everyday and find a way to just keep moving forward. That resiliency is incredible to me."

Bernstein, 36, had been blind since birth as a result of retinitis-pigmentosa. He hasn't let that prevent him from pursing a number of interests: he teaches a social justice class at the University of Michigan, serves as chair of the board of governors at Wayne State University, ran to be Michigan's attorney general, and he's completed approximately 12 triathlons (The Ironman Triathlon consists of a 2.4-mile swim, a 112-mile bike and a marathon run of 26.2 miles, raced in that order and without a break.)

But he always wanted to be a lawyer. It's his family's business--his father, brother, and sister are all attorneys. But it's Bernstein's passion for advocacy that fueled his desire to practice law.

"If you're looking for the one profession that can change people's lives, the law is that profession. It's the great equalizer. If you see something that's unjust, being a lawyer is the one job where you can make it right."

For Bernstein the first challenge of law school was getting in--starting with the LSAT. The law school entrance exam (LSAT) consists of several "logical gaming" sections of questions that involves grouping, matching, and ordering of elements. In order to answer each question, most test-takers draw a diagram and then revise that diagram to answer succeeding questions. This "gaming" section comprises a significant part of the overall exam. Bernstein felt that the test itself was biased and challenged the format.

For two years, while still in high school, he fought with the Law School Admissions Council against the "visual bias" of the LSAT, arguing that the test, by itself, was no barometer of success in law school. Eventually, four schools agreed with him--Northwestern University, the University of Virginia, the University of Wisconsin, and Vanderbilt.

When he chose Northwestern, he was the only blind person in law school. "It was the biggest challenge that I've ever had. It was unbelievably difficult. Everything took twice as long."

He would memorize lectures and have notes read to him until he internalized them. The tests were another matter. In law school, Braille was of little use. Bernstein found himself having to memorize not just test questions, but whole fact patterns, the basis for the test questions, which were sometimes five pages long. These "fact patterns" were read to him over and over until he committed them to memory. And then, he would answer the questions. He worked seven days a week, 13 hours a day. There were times when he seriously doubted if he would be able to graduate.

"After a while, it took its toll. But I wanted to be a lawyer in the worst way. It was a quiet night and the wind was blowing off of Lake Michigan. I was just exhausted and said a prayer, 'I believe that we are put here for a purpose. If you give me this opportunity, I will dedicate my entire practice to helping people with disabilities, or those who are vulnerable that don't normally have anyone to represent them."

Bernstein went on to pass the bar exam. Since then, he has fought several high profile cases. He was lead attorney in the case against the University of Michigan that made the football stadium more accessible.

Not only is U-M's stadium accessible, but the case helped set a standard for other facilities across the country. "When we first started talking with U-M, they couldn't understand why accessibility was such a big issue, they said, 'We don't have that many people who use wheelchairs visit the stadium.' Now, they get it. It's not just accessible for people with disabilities, it's accessible for everyone. The fans who use the accessible seats are now the most loyal and usually those seats sell out first."

When you ask Bernstein what he's proudest of, a number of things come to mind, especially an episode after the U-M case was settled.

"A number of nurses called me from U-M Hospital to tell me that now they're able to take terminally-ill kids and other patients to the stadium because the stadium is completely accessible. You know who's most excited--parents, because now they can attend and take pictures with their children. It's special for them."

Bernstein has fought other cases--all of them taken pro bono or at no cost to the people he helps. He's fought to make the Kindle electronic devise more accessible, worked with airlines to make travel more convenient and with local municipalities to make it easier for the elderly or people with disabilities to cross the street.

It's all part of keeping his promise and following his philosophy--all of the battles we fight pay off in the end. "Activism works. We have to put in a lot of blood sweat and tears. It can be sad and painful and frustrating. Maybe it takes more time than we want it to, but over time things work out and change occurs. Things do get better."