[blindlaw] advice

Tue Mar 23 22:34:57 UTC 2010

Hi Kate,

I am in a similar situation.  My vision is progressively getting worse by field of vision.  Also, my central vision has faded such that more light is needed for me to see.  I began to use a cane a few years ago and various people responded with everything from disbelief to skepticism to, quite frankly, hostility.  This has been very difficult to overcome.

My cane trainer suggested that I use the cane all the time.  In retrospect he may have been sensitive to how people perceive the partial use of a cane.  At first I tried to use the cane all the time but it felt silly when I was walking in a familiar environment with minimal traffic and nice flat sidewalks in bright sunlight.  So, I started to selectively use the cane.  

Regarding court room appearances, I have not yet actually practiced in court room.  I am taking the bar this July.  However, I did have a moot court class which was presided over by Judge Sullivan in the 2nd Circuit.  The classes met in the Moynihan courtroom in Manhattan.  It was a privilege.  Anyways, I emailed the judge to let him know that I did have vision problems.  He was very courteous.  By the end of the semester I think I ran into a chair and stumbled over taped down wires - but otherwise it was uneventful. The witness chair steps were a pain though.  I never did use a cane in the courtroom.

For my final trial I showed up about an hour early and basically walked the court room to memorize where everything was.  I walked from the lecturn to the witness stand to my table a few times.  The trial went fine without any tripping or stumbling.  I do think the judge was concerned by my use of extra extra large fonts in my notes as the jury could have read the notes if I held them up.  

One thing I was thinking of doing was creating a boilerplate letter that included my field of vision plot and sharing it with the judge and opposing counsel prior to any court appearances.  I am assuming the opposing counsel wouldn't take advantage of the information and move boxes or chairs around in the courtroom during arguments or witness examinations.  I suspect a judge would say something if she detected that kind of tactic.

I am curious what suggestions others have.  If you want to discuss this more offline, please feel free to contact me.

Warmest regards,

Keith Vick

> Date: Tue, 23 Mar 2010 16:41:22 -0400
> From: kc2992a at student.american.edu
> To: blindlaw at nfbnet.org
> Subject: Re: [blindlaw] advice
> 
> Hi all,
> 
> I really appreciate all of your responses to my question. I am one of those
> people who uses a cane only sometimes, because I don't have to. Therefore, I
> have come into situation when I have had my cane with me and people have
> commented that I don't act like I am blind, so why do I need to carry a
> cane; and also situations in which I didn't have my cane and was unable to
> explain that there was something I couldn't see and why.
> 
> Scott, I appreciate your foresight about what life will be like working in a
> courtroom. I echo the question about how you approach a new judge.
> 
> Best,
> Kate
> 
> On Mon, Mar 22, 2010 at 11:47 PM, RJ Sandefur <joltingjacksandefur at gmail.com
> > wrote:
> 
> > Scott, How do you deal with a new Judge? Do you walk into the courtroom,
> > and explaine to the judge you're blind, and need this or that? How do you do
> > it? This sighted judge has never delbt with a blind lawyer before.
> > ----- Original Message ----- From: "Scott C. LaBarre" <
> > slabarre at labarrelaw.com>
> >
> > To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> > Sent: Monday, March 22, 2010 1:54 PM
> > Subject: Re: [blindlaw] advice
> >
> >
> > Katy, I am totally blind and have been so pretty much since the time I lost
> > my sight. Therefore, I cannot directly relate with you other than to say
> > my
> > wife is in a similar situation. Sometimes, she carries her cane and
> > sometimes not. I have noticed that she usually does take her cane when we
> > are going somewhere new and plan on meeting new people. She finds it
> > easier
> > to explain that she is blind and has some residual vision than to deal with
> > people thinking she is fully sighted and wondering why she isn't making the
> > best eye contact or can't see the signs or can't read name tags or
> > whatever.
> > I think she also takes it because she wants to be able to use it in
> > unfamiliar locations, especially at night and more especially to deal with
> > stairs and other things she doesn't see too well.
> >
> > Ultimately, I guess it depends on which issue you'd rather have. I think
> > it
> > also depends on why it is you choose not to carry a cane. These are
> > questions with which I cannot help you much.
> >
> > However, I can tell you that as an attorney, you are very likely going to
> > be
> > in situations that are pressure packed and move along quite quickly. In a
> > courtroom, do you want a Judge or jury wondering why you aren't exactly
> > acting like the other lawyers in the room? Would it be easier or harder to
> > explain that you are legally blind and that is why you aren't able to
> > read
> > things or see objects or whatever? Or would it be easier to carry a cane
> > alerting the judge and counsel that you are blind allowing you to explain
> > later that you can see some.
> >
> > Now, I know you sent off your post not wondering whether you should carry a
> > cane or not but rather asking the question of how you should explain
> > yourself. I guess my first advice is to speak with others who are
> > similarly situated. We have such blind lawyers on this list. Charlie
> > Brown, our First Vice President, has quite a bit of residual vision yet
> > has
> > always carried a cane. I am sure there are others who don't.
> >
> > I wish you luck with this dilemma and I hope we can be helpful.
> > Thanks,
> > Scott C. LaBarre, Esq.
> >
> > LaBarre Law Offices P.C.
> > 1660 South Albion Street, Ste. 918
> > Denver, Colorado 80222
> > 303 504-5979 (voice)
> > 303 757-3640 (fax)
> > slabarre at labarrelaw.com (e-mail)
> > www.labarrelaw.com (website)
> >
> > CONFIDENTIALITY NOTICE: This message may contain confidential and
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> > ----- Original Message ----- From: "Katy Carroll" <
> > kc2992a at student.american.edu>
> > To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> > Sent: Sunday, March 21, 2010 2:37 PM
> > Subject: [blindlaw] advice
> >
> >
> > Hi List!
> >>
> >> I have run numerous times into the same dilemma and I am convinced this
> >> dilemma will become more and more of a problem as I move on in my career,
> >> unless I do something about it, which is why i am posing this problem to
> >> you:
> >>
> >> Recently I went to a meeting of a professional organization here in DC.
> >> Not
> >> surprisingly, each of the attendees were given name tags with one's name
> >> and
> >> either place of work or study to wear during the event, to help initiate
> >> networking. I am partially blind, and don't feel the need to carry a cane
> >> with me. However, I can't see other people;s name tags, and can't comment
> >> or
> >> respond to what is written on them. I would like to be able to ask people
> >> who they are and where they work without seeming like I can't read. Has
> >> anyone perfected a introduction by which they can do this?
> >>
> >> I would appreciate any thoughts.
> >>
> >> --
> >> Kathryn CARROLL
> >> American University
> >> 631 521 3018
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> >>
> >>
> >
> >
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> 
> 
> 
> -- 
> Kathryn CARROLL
> American University
> 631 521 3018
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