[blindlaw] questions about paper files

Mon Apr 12 10:24:35 UTC 2010

Thanks Ross for that well thought-out and detailed response.

----- Original Message ----- 
From: "Ross Doerr" <rumpole at roadrunner.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Sunday, April 11, 2010 3:45 PM
Subject: Re: [blindlaw] questions about paper files

> Hello Craig:
> I'd say your question has two different answers to it. One for the office, 
> and one for hearings and negotiations settings.
> For my office , I work in an office with 9 other lawyers. I manage my 
> documents in a disciplined and structured way out of necessity.
> WE have only one secretary to handle all of us.
> Of course, in practical terms that means we each do almost everything 
> ourselves. So, when it comes to documents and dealing with other lawyers 
> in my office, I make sure they all know how I do things.
> I also make sure they know that, if they need a document out of one of my 
> files, they need to either hand it back to me in person so that I can be 
> the one to put it back, or that they can be trusted to return it to the 
> right place. Failure to do so is, as you can guess, a tragedy in the 
> making for me, and not them. For that reason, I am a very, very critical 
> person when it comes to my fellow lawyers getting into one of my paper 
> files.
> As you may guess, the paper file needs to be set up by me and in a way 
> that is organized for me. I have only had to snarl at a fellow attorney 
> twice in the past 7 years about "moving things around on me".
>
> My case notes and telephone log, evidence notes and exhibits list all go 
> onto my external hard drive and is backed up weekly to two other 
> locations, one at home and one at work. Is this extra work? You bet.
> Is it double coverage? You bet.
> Am I covered if one or two machines of mine or the offices die? You bet.
> That really isn't as much work as it sounds, I have found that the backups 
> take about 15 to twenty minutes a week, so it really isn't so bad once you 
> get used to doing it.
> I had our office manager, who was wise enough to have all of our server 
> information backed up to an off-site location daily, to move my local 
> "MyDocuments" folders onto the server directly - so in point of fact, I 
> have my stuff protected as much as I possibly can.
> You see, for me, the paper file is important, but my electronic file is 
> more important for obvious reasons.
> But everything in each of my paper files is referenced in my electronic 
> file.
> Paper documents and evidence that has come into the office for my files 
> are either scanned and then converted to text using K-1000 or some other 
> program, or is very strictly referenced in my electronic notes, such as, 
> for example those god-awful doctor's and nurses notes that come in that 
> handwriting that only a doctor or nurse can decode. (And they say blind 
> people have bad handwriting. Sheesh)
>  I then make certain that all documents are in one of two forms, depending 
> upon what type of situation I am going into. By this I mean, if it is to 
> be either a negotiation where I would want to show the other side specific 
> documents one at a time, or in a full blown hearing in court where an 
> evidence binder is a better idea.
> If it is a settlement negotiation, and I want the other side to see only 
> one documentt at a time, I make sure that each document is referenced 
> individually, with a cover sheet of braille on it. This way the other side 
> will see only a braille coversheet - this not only tells me what it is, 
> but drives the other side nuts if they are trying to peek at things on my 
> side of the table.
> Not that a fellow attorney would try to read something on my side of the 
> table deliberately, mind you.
> IT simply gives me additional control over the documentation and how it 
> can be seen, only when and where I wish it. We have all seen how 
> contentious some settings can be. So strict control over what your 
> opponent can chance a look at is important.
> There are two ways that documents can be referenced  electronically, at 
> least by me.
> I am, as some on this list know, a bit of self-taught computer geek. I 
> don't know all that much about programs, but what I do know is important 
> enough to warrant direct knowledge by me.
> I will, for example, have my exhibit list done up, and then drop my 
> electronic exhibits in the same MS word document as the list. I then go in 
> and hyperlink each item on the exhibit list to the document. In this way, 
> no matter what document adverse counsel or a judge or hearings officer 
> decides to look at or make reference to, I simply hit the link, or pull up 
> the bookmark list and pop down to it. I happen to use JAWS, and a link 
> list or bookmark list is very easy to pull up no matter where you are 
> inside a document. That comes in real handy for me, especially in some of 
> my Cases where I am advocating for adaptive technology.
> IS this extra work? Yes it is.
>  Do I bill the client for this? No, I don't.
> You only need to do this sort of thing a few times and it is faster and 
> easier to do than you think.
> In some ways this will put you on a fairly even footing with your sighted 
> adverse counsel. Well, as much as a blind attorney can be that is.
> What about when I am in court - assuming I have submitted an evidence 
> binder. Well, when sitting at counsel table it is easy to use either 
> braille or a laptop. I personally prefer the laptop. I have never had a 
> judge tell me to leave counsel table to stand at the podium. and place me 
> at a disadvantage. Would I carry my laptop up to a podium? Well, yes, I 
> could, but never have.
> Oh yes, one other thing about using a computer - I am blind enough that I 
> cannot see the screen at all. So I will use either a wired earpiece or my 
> blue tooth earpiece to hear what is on my screen. Nobody else can hear it, 
> so client confidentiality is as safeguarded as much as possible. It really 
> is a different way to practice law, but works, does not comprimise 
> anything for your client and gets the job done.
> Although there was that one time when a new, young and sighted attorney in 
> my office came with me to court to help, and spilled an entire pitcher of 
> ice water on the paper file, my laptop and me.
> Well, if you're going to have a mishap, do it in front of a superior court 
> judge and a courtroom full of your colleagues, right?
> That was one time I did stand up and do it all from the podium. If you 
> prepare enough, the foregoing type of mishap isn't as bad is it sounds. 
> Although, to this day, certain lawyers will ask me before a hearing if I 
> would like a drink of water.
> There are as many war stories about the "unexpected" during hearings as 
> there are lawyers on this list, and I think that some day we should all 
> write them down and post them somewhere. People won't believe a lot of 
> them, I promise you that. Like the time my spring-loaded umbrella erupted 
> out of my briefcase during a hearing at counsel table...
>
> I do some work in court, a lot of administrative hearings and do a lot of 
> settlement work, so over the years I have developed what works for me at 
> my level of training.
> I guess what I'm trying to say here is that you need to do what will work 
> for you, as an attorney doing your type of work.
> The way I have noted here about me is only one way, and it happens to work 
> for me.
> You will most certainly get a spectrum of different ideas from other 
> lawyers on this list, and I promise you they will all be good ideas.
> You should pick and choose, or modify until you hit on a method that makes 
> you comfortable and works for you.
>
>
>
> ----- Original Message ----- 
> From: "Craig Spencer" <craigspencer2.0 at gmail.com>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Sunday, April 11, 2010 1:02 PM
> Subject: [blindlaw] questions about paper files
>
>
>> For attorneys who work in offices with other attorneys, how do you 
>> address
>> managing the paper file for a case?
>>
>> Do you set-up the file yourself?  What about when a document needs to be
>> referenced or shown to the opposing side?
>>
>>
>>
>>
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>
>
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