[blindlaw] advice

Wed Mar 24 20:43:34 UTC 2010

Keith --

Your anecdote about stumbling over a chair and wires in a moot courtroom reminded me of one of my experiences in a moot court situation with "real" jurors and judge.  It was a NITA course in San Francisco.  My opposing counsel were associates from another office in my law firm.  

While I was in the well conducting an examination, one of my opposing counsel moved his brief bag into the aisle in between the two counsel tables.  If I had not been using my cane, I would have tripped on the bag because it had not been there when I had entered the aisle to go into the well.  As it was, I just detected the bag with my cane and stepped over it without a hitch.

At the end of the trial, one of the comments the judge made to me was that I was very graceful in the courtroom.  There were other comments I would rather have had, but I took it and thought to myself, "If you only knew how ungraceful I could have been if I hadn't been using my cane."

Noel nightingale

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of K V
Sent: Tuesday, March 23, 2010 3:35 PM
To: blindlaw at nfbnet.org
Subject: Re: [blindlaw] advice

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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