On 2 December 1996, important sections of the Disability Discrimination Act 1995 came i nto force.

These will have a major impact for any solicitors' partnership employing more than 19 staff and for any solicitor who provides legal services to the public.In future, it could be unlawful to treat less favourably someone who has or had a disability for a reason related to that disability.

It may also amount to unlawful discrimination to fail or refuse to make reasonable adjustments to remove physical and other barriers that a disabled person may face in work or as a client.In order to help solicitors with their new legal duties as employers and service providers, the Law Society is publishing detailed guidance on the 1995 Act and sending this to each firm.

It will explain and illustrate the new principles and concepts found in the Act, outline the likely timescale for its full implementation and offer practical suggestions on measures that firms could take to avoid breaching their new duties.

It will also help them to comply with the requirements of the Solicitors Anti-Discrimination Rule 1995 -- a practice rule that prohibits, inter alia, unfair and unreasonable discrimination by solicitors on grounds of disability.

This note highlights key points from the guidance.The Act's approach has similarities with existing anti-discrimination legislation, but it also has striking differences.

Two provisions are of great significance and emphasise the crucial importance of guidance.First, unlike with the Race Relations and Sex Discrimination Acts, discrimination will only be unlawful if it cannot be justified.

Justification is linked in the Act with vague and general tests such as -- in employment -- where the reason for discrimination is 'both material to the circumstances of the case and substantial'.

Many employers will be at a loss to know what this means and how they can apply the principle in practice.Secondly, the Act introduces a positive duty to make reasonable adjustments to remove barriers in access to work and to services, such as the professional services of a solicitor.

Again, solicitors' firms may have no understanding of what this could mean in practice or of the factors that will determine what is or is not reasonable.Rights and duties in the Act are linked to a defined legal status: that of a 'disabled person'.

The new guidance explains and illustrates this complex definition and the key concepts it uses such as 'impairment', 'substantial adverse effect' and 'normal day-to-day activities'.

It outlines the specific provisions affecting severe disfigurement, which is classed as a disability; progressive conditions, such as HIV, aids or multiple sclerosis; and the treatment of controlled or corrected conditions, such as where medication controls the effects of epilepsy.Substantial advice is given to solicitors in their role as employers.

Any firm employing 20 or more staff will be subject to the new duties.

The guidance stresses the scope of the Act's provisions.

It affects all kinds of workers and has separate sections covering contract workers.

Discrimination will be prohibited across the entire range of employer responsibilities from advertising and recruitment to redundancy, dismissal and the provision of occupational pension benefits.Illustrative examples, some of them drawn from the published code of practice on employment, are used to convey the meaning of concepts such as 'justification' or 'reasonable adjustment'.

The latter concept has been broadly defined, and employers will have to rethink how work activities are organised and allocated, and not just focus on the physical barriers that unad apted premises or equipment may present to a disabled person.The guidance gives solicitor employers advice on the possible causes of unlawful discrimination and the measures that can be taken to avoid it across the range of their responsibilities.

The importance of an anti-discrimination policy -- a requirement of the 1995 practice rule -- is stressed.Good practice is suggested for recruitment and selection procedures, resolving questions such as when interviews or tests should be adapted to avoid discrimination or whether medical screening will be permitted in future.

Retention and redeployment of disabled employees will be affected by the Act.

Guidance on this is provided together with details of possible sources of advice and assistance, such as the employment service's PACT teams.The new duties on providers of services to the public, such as solicitors, are being implemented in stages.

From 2 December 1996, it became unlawful to discriminate against a disabled person by refusing a service, or by providing one but to a lesser standard, in a worse manner or on less favourable terms.

To be unlawful, such treatment must be for a reason related to the person's disability and be unjustifiable.

In proposed stages thereafter, a new duty to make reasonable adjustments is being introduced, which will require the alteration of practices, policies or procedures that prevent or hinder access; the provision of auxiliary aids and services to facilitate use of the service; and the removal or alteration of physical barriers or provision of alternative but equivalent services.Solicitors will need to understand the circumstances in which less favourable treatment may arise and the reasons that may be lawfully asserted in justification for this.

The guidance illustrates these concepts with reference to examples from practice.

Although the duty to make adjustments is not yet in force, firms will need to prepare for implementation and many may decide to make changes before they are required to do so.

The guidance outlines the types of changes that solicitors must anticipate in how they communicate with their clients; how their premises are designed or arranged; and how they calculate fees charged to disabled clients.

Advice is given as to the possible origins of discriminatory attitudes and behaviour with practical suggestions offered on suitable measures to ensure full compliance with the Act's requirements.The guidance concludes with a list of useful addresses and publications and a section giving technical information on resources available from the employment service.