[blindlaw] advice

K V keith-vick at msn.com
Wed Mar 24 21:10:29 UTC 2010 

Hi Noel,

 

Thank you.  Good point.  I will use the cane if I ever make appearances in the courtroom.

 

Thanks,

Keith Vick
 
> From: Noel.Nightingale at ed.gov
> To: blindlaw at nfbnet.org
> Date: Wed, 24 Mar 2010 15:43:34 -0500
> Subject: Re: [blindlaw] advice
> 
> 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 
> > > privileged information. If you are not the designated recipient, you 
> > > may not read, copy, distribute or retain this message. If you 
> > > received this message in error, please notify the sender at 303) 
> > > 504-5979 or slabarre at labarrelaw.com, and destroy and delete it from 
> > > your system. This message and any attachments are covered by the 
> > > Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521.
> > > ----- 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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> > >> 40labarrelaw.com
> > >>
> > >>
> > >
> > >
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> > >
> > >
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> > 
> > 
> > 
> > --
> > Kathryn CARROLL
> > American University
> > 631 521 3018
> > _______________________________________________
> > blindlaw mailing list
> > blindlaw at nfbnet.org
> > http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
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> > http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/keith-vick%4
> > 0msn.com
> 
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