DJ 202-PL-820
                                                   DEC 19 1994
David I. McCaskey
Attorney at Law
24 West Beverley Street
PO Box 1134
Staunton, Virginia 24402-1134

Dear Mr. McCaskey:

     This letter is in response to your inquiry concerning
provision of auxiliary aids and services and, more specifically,
your request for an individual determination of what constitutes
an "undue burden" under title III of the Americans with
Disabilities Act.

     The Americans with Disabilities Act (ADA) authorizes the
Department of Justice to provide technical assistance to
individuals and entities having rights or obligations under the
Act. This letter provides informal guidance to assist you in
understanding the ADA's requirements. It does not, however,
constitute a legal interpretation, and it is not binding on the
Department.

     As your letter indicates, you are both familiar with, and
sensitive to, the need for the provision of auxiliary aids and
services in order to ensure effective communication under title
III of the ADA. The auxiliary aids requirement is intended to be
flexible, reflecting the variable nature of what constitutes
"effectiveness" in different circumstances. In addition to the
specific nature of the disability involved, factors used to
determine effectiveness in any particular situation include the
length, complexity, and significance of the information being
exchanged. Many lawyer-client discussions, even those which
might be characterized as routine, require lengthy, complex
communication that has the potential for long-term impact on the
client's well-being. Further discussion of the effective
communication requirement may be found on page 35567 of the
enclosed title III regulation.

     You are also familiar with the provisions of section
36.301(c) which require that the public accommodation absorb the
costs associated with the provision of auxiliary aids and
services, unless this would result in an "undue burden". As

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provided in section 36.303(f), the term "undue burden" means
"significant difficulty or expense". In determining whether the
provision of an interpreter or other aids or services would
result in an undue burden, the legal practitioner should consider
the overall financial resources of the practice, not just the
fees paid for a particular appointment or service. The
practitioner should weigh other factors that would minimize the
degree of burden on the practice, such as the ability to spread
costs throughout the general client population and the
opportunity to exercise alternative measures, such as those you
describe, which have the effect of further reducing the financial
burden on the practice. Tax incentives, particularly tax credits
for small businesses for costs incurred to provide auxiliary aids
and services, are also available to you. Eligibility criteria
for this credit are found in Publication 907, available from the
IRS.

     Your letter requests a determination from the Department of
Justice that it would be an undue burden for you to provide
interpreters in your situation. However, because undue burden
must be determined on a case-by-case basis in light of the
particular circumstances at issue, the Department of Justice does
not make such determinations absent a complaint investigation.
It is up to the public accommodation to determine whether
providing an auxiliary aid would result in an undue burden and
then to justify its determination in the event that an
enforcement action is initiated by the Department of Justice or
by a private individual.

     I hope this information is helpful to you.

                         Sincerely,

                      John L. Wodatch
                          Chief
                    Public Access Section

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