Who Needs a Communication Intermediary? Identifying When a CI Is Necessary
Introduction
In legal settings—police stations, courtrooms, and lawyer’s offices—clear communication is essential. But for individuals with speech, language, or cognitive disabilities, traditional questioning methods often fail them. Misunderstandings can lead to wrongful accusations, dismissed testimony, or denied legal rights.
Communication Intermediaries (CIs) level the playing field. But who truly needs one? And how can professionals recognize when a CI is necessary?
This post covers:
✔ Key populations that benefit from CIs
✔ Red flags that signal CI necessity
✔ How legal professionals can take action
Who Benefits from a Communication Intermediary?
CIs assist individuals whose disabilities affect their ability to:
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Understand questions (receptive challenges)
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Express answers (expressive challenges)
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Process complex language (cognitive differences or barriers)
1. Neurodivergent Individuals
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Autism Spectrum Disorder (ASD):
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Literal interpretation of questions (“Did you take the money?” → “Yes” [meaning “Yes, I heard you”])
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Anxiety-driven compliance (agreeing to avoid conflict)
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Intellectual Disabilities:
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Difficulty with abstract legal concepts (“reasonable doubt,” “intent”)
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2. Acquired Brain Injuries (Stroke, TBI)
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Aphasia (post-stroke):
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Struggles with word-finding or sentence formation
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May nod in agreement despite misunderstanding
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Traumatic Brain Injury (TBI):
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Impaired memory sequencing (can’t recall events in order)
- Overly verbose (can’t get to the point)
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Disinhibition (irrelevant or overly blunt responses)
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3. Speech & Motor Disorders
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Cerebral Palsy/Dysarthria:
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Unclear speech, often misinterpreted
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ALS/Progressive Conditions:
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Reliance on AAC (augmentative communication devices)
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4. Mental Health & Trauma-Related Barriers
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Selective Mutism:
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Freezing under pressure
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PTSD:
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Dissociation during questioning
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How Professionals Can Recognize When a CI Is Needed
🚩 Key Red Flags in Legal Settings
| Profession | Signs a CI May Be Necessary |
|---|---|
| Police | – Suspect/witness gives inconsistent answers – Responds only to yes/no questions – Appears confused by routine questions |
| Lawyers | – Client struggles to give clear answers – Repeats phrases without comprehension – Becomes agitated during legal explanations |
| Judges | – Witness testimony is disjointed or contradictory – Individual cannot answer simple orientation questions (time/place) |
| SLPs/OTs | – Patient has a history of communication breakdowns in high-stakes settings – Standardized assessments show legal-relevant deficits (e.g., poor inferential reasoning) |
📌 Action Steps for Professionals
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Screen Proactively
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Ask: “Do you need help understanding or answering questions?”
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Use simple checklists (e.g., CAJUST’s CI Eligibility Guidelines)
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Request a CI Assessment
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In Canada: Refer to CAJUST’s CI Registry
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Document the need in case files (judges can order CI involvement)
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Adapt Communication
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Avoid idioms (“beat around the bush”)
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Allow extra response time (10+ seconds)
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Key Takeaways
✅ CIs are essential for individuals with autism, brain injuries, speech disorders, and other communication disabilities.
✅ Legal professionals should watch for inconsistency, confusion, or atypical responses.
✅ Early CI involvement preserves rights and improves evidence quality.
“Fair justice requires understanding—not just hearing.”
Learn more about How Communication Intermediaries Improve Access to Justice.
For more information or to learn more about the CI services Jennifer provides, please visit the CAJust Communication Intermediary Registry.