Finding Legal Support for Your Web Accessibility Claim
If you've encountered an inaccessible website and the owner refuses to fix it, you may want legal representation. But finding an attorney experienced in web accessibility law isn't straightforward. The field is relatively new, specialists are limited, and many lawyers have never handled an accessibility case.
This guide helps you identify qualified legal support, understand what to expect from attorneys, and explore your options for finding representation.
Legal Disclaimer
A11yscan is not a law firm and does not provide legal advice. We operate under best practices based on WCAG Guidelines, ADA requirements, and applicable jurisdictions. Courts don't always agree on terms and expectations for web accessibility, and legal standards can vary by jurisdiction. However, an accessible website works better for all users regardless of legal requirements. For specific legal guidance, consult with a qualified attorney specializing in accessibility law.
Types of Legal Support Available
1. Disability Rights Organizations
Non-profit disability advocacy organizations often provide legal support, either directly or through partnerships:
- Many offer free or low-cost legal consultations
- Some have staff attorneys who handle accessibility cases
- They understand disability discrimination in depth
- They can advise on whether your case is viable
- They often work on systemic accessibility issues
Start by contacting disability rights organizations in your state or national organizations focused on accessibility.
2. Private Attorneys Specializing in Disability Rights
Some private law firms specialize in ADA and disability rights litigation:
- They have deep expertise in disability discrimination law
- They can handle individual cases and class actions
- They understand the technical aspects of web accessibility
- They may work on contingency (payment depends on winning)
- Consultation fees vary; some offer free initial consultations
3. Civil Rights Attorneys
General civil rights attorneys may handle accessibility cases, though with less specialization:
- They understand ADA law but may not specialize in web accessibility
- Useful if you combine accessibility claims with other discrimination
- May need education on technical accessibility issues
- Check their experience with similar cases
4. Legal Aid Organizations
If you have limited income, legal aid may be available:
- Free legal services for low-income individuals
- May not have accessibility specialists on staff
- Can refer you to appropriate resources
- Eligibility varies by location and income
How to Find Qualified Attorneys
Step 1: Start with Disability Rights Organizations
Most Effective First Step
These organizations are often the best entry point because they:
- Know who handles accessibility cases in your area
- Have relationships with qualified attorneys
- Can vet cases before referring to counsel
- Often provide free or low-cost initial consultation
Search for: "[Your State] disability rights organization" or "[Your State] accessibility advocacy group"
Step 2: Check Bar Association Referral Services
State bar associations maintain referral services:
- Search their website for attorneys listing "accessibility" or "ADA"
- Bar associations often have practice area directories
- Some offer free consultation as part of referral service
- Verify the attorney is in good standing
Step 3: Search Online Legal Directories
Use specialized legal search platforms:
- Search terms: "ADA attorney," "disability rights lawyer," "web accessibility attorney"
- Check their listed expertise areas and past cases
- Look for client reviews and case results (when available)
- Call for consultation (many offer free initial calls)
Step 4: Ask in Disability Communities
Get recommendations from other people with disabilities:
- Online disability communities and forums
- Local disability support groups
- Social media groups focused on accessibility
- Word-of-mouth recommendations from people with similar experiences
Step 5: Contact Law Schools
Some law schools have clinics focused on disability rights:
- Clinical professors who specialize in accessibility
- Law students trained in disability rights
- Often provide free or low-cost services
- May work on innovative or test cases
What to Look for in an Attorney
Experience with Web Accessibility Cases
Ask potential attorneys:
- "Have you handled web accessibility discrimination cases?"
- "How many ADA Title III cases have you brought?"
- "Are you familiar with WCAG 2.1 standards?"
- "Have you worked with technical experts or accessibility consultants?"
Ideal candidates have handled multiple accessibility cases or have strong ADA litigation background.
Understanding of Disability
Does the attorney:
- Respect disability as a civil rights issue (not charity)?
- Understand different types of disabilities and their impacts?
- Listen to your experience without dismissing barriers?
- Communicate without ableist language or assumptions?
You want someone who gets why this matters beyond the legal technicality.
Technical Understanding
They should be able to:
- Explain WCAG standards in understandable terms
- Understand how assistive technology works
- Work with accessibility experts and engineers
- Review technical evidence and expert reports
They don't need to be a technologist, but they need comfort with technical concepts.
Communication Style
Does the attorney:
- Explain things clearly without jargon?
- Answer your questions and return calls promptly?
- Explain the costs and fee structure upfront?
- Discuss realistic expectations for your case?
Contingency Representation
Many accessibility attorneys work on contingency:
- You pay nothing unless you win
- Attorney's fee comes from your settlement or judgment
- You may still pay for court costs and expert witnesses
- Get fee arrangements in writing
Preparing for Your Initial Consultation
Gather Your Documentation
Before meeting with an attorney, prepare:
- Timeline of your attempts to access the website
- Screenshots and videos showing the barriers
- Copies of any communication with the website owner
- Technical details (which assistive technology, what specifically failed)
- Information about the website operator (size, type of business)
- Notes on how this affected you (lost business, missed services, etc.)
Write Out Your Story
Put together a brief narrative:
- When you tried to use the website
- What you were trying to accomplish
- How the barrier prevented you from accessing services
- What you tried to do about it
- What outcome you're seeking
Questions to Ask the Attorney
- "Do you think I have a viable case?"
- "What would I need to prove?"
- "What are the likely outcomes?"
- "What's your fee structure?"
- "What resources would I need to invest?"
- "How long would this likely take?"
- "Would we pursue settlement or litigation?"
Will an Attorney Take Your Case?
Factors That Make Cases More Viable
- Clear, documented barriers affecting core functionality
- Website owner is a business or organization (public accommodation)
- Multiple attempts to contact them with no response
- Significant harm or damages (lost services, time, etc.)
- Evidence the barrier affects many people, not just you
- Website operator is large enough to afford remediation
Factors That Make Cases Less Viable
- Website is government-only (different legal pathway)
- Website is purely informational with no impact
- Barrier is extremely minor or easily circumvented
- Website operator is genuinely attempting compliance
- Limited damages or clear remedy available
What Attorneys Cannot Do
Be realistic about legal remedies:
- They cannot force agencies to enforce accessibility
- They cannot make laws or change federal standards
- They cannot sue social media companies easily (still unclear in law)
- They cannot guarantee a specific outcome
- They cannot sue on your behalf without evidence you're damaged
Alternatives to Full Litigation
Demand Letters
Your attorney sends a formal legal letter demanding remediation:
- Often prompts quick response from website owners
- Much less expensive than litigation
- Gives owner clear legal notice and timeframe
- Creates record if litigation becomes necessary
Settlement Negotiations
Many cases settle before trial:
- Website owner agrees to fix barriers and pay damages
- Faster than litigation, more certain outcome
- Attorney can negotiate on your behalf
- Can include compensation for your time and harm
Administrative Complaints
For government websites, you can file complaints:
- Department of Justice (federal sites)
- State human rights commissions
- State attorney general's office
- No attorney needed to file, but helpful to have one
Class Action Potential
If many people are affected, your case might become a class action:
- Your attorney represents a larger group with similar claims
- More leverage to push for systemic change
- Broader impact than individual settlement
- Individual class members may receive less compensation
Strengthen Your Case with Professional Analysis
Attorneys need solid evidence. Get a detailed accessibility audit to identify and document specific WCAG violations.