[blindlaw] Justification

Mon Apr 11 16:46:06 UTC 2011

Steve,

I chose to assist this person by providing constructive feedback rather than to edit and rewrite his letter.  As blind people it is extremely important to remember the old story of the fisherman and his son.

One day a Fisherman and his son went out to catch some fish.  The father said "Son, watch me, so you may learn for when I am gone these things you must know."  The son being young and foolish played and spent his time letting his mind drift to more interesting things.

	This went on for years and each time the Son let his father catch fish for him to eat, and did not pay attention to the teachings of the Father.

When the Father was old he asked his Son, "You are young and now must catch fish for us to eat."  The son said "Father, I know not how."  So the Son was unable to provide for himself and his aged Father.

If you give a man a fish, they can eat for a night.  If you teach a man to fish he can eat for a lifetime."

This is why I did not write the letter for the gentleman.

Regards,

Robert Dittman
Research Fellow, Center for Terrorism Law,
Jurist Doctor Candidate, St. Mary's University school of law
EMAIL: rdittman at mail.stmarytx.edu
PHONE: (210) 389 - 3388
"True Justice is blind."

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Steve P. Deeley
Sent: Friday, April 08, 2011 5:45 PM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] Justification

Why don't you write the letter for the guy?
Steve
----- Original Message ----- 
From: "Dittman, Robert" <rdittman at stmarytx.edu>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Friday, April 08, 2011 1:05 PM
Subject: Re: [blindlaw] Justification

> Hello,
>
> First I must state that the following is not legal advice, and should not 
> be relied upon as legal advice. I am not an attorney, and this interaction 
> is not covered by the attorney client privilege. I am not representing you 
> in any fashion, As a law student I am not licensed to practice law in any 
> state, thus the use of this disclaimer.
>
> Okay, now that you have been advised that I am not a lawyer, and this is 
> only opinion the same as yours or any other person, I hope you will 
> consider the following points.
>
>
> 1. Your argument isn't clear. I can gather that you want to receive 
> support to get into a training program, but it isn't clear which one.  As 
> an example, you talk about the CCB then you end the letter by stating how 
> you want to be a productive Floridian.  Try to write the letter in bite 
> size parts so that the meaning is crystal clear.  This is done by using 
> small sentences. A good rule of thumb is write as if your speaking to a 
> five year old.  If you tell them too much at one time your meaning will be 
> lost.
> Here is an example.
>
> I am requesting that my rehabilitation   case with your agency be reopened 
> to permit me to enter and complete an independence emersion program. 
> After conducting research, I have decided that my program of choice is 
> located at the CCB.
>
> There, you see, in two sentences you have stated exactly what you want. 
> There can be little misunderstanding what you want, and where you would 
> like to attend your training program.
>
> 2. You go from stating the opinions of others such as your personal 
> hygiene to stating the thoughts of a friend when they attended the program 
> at CCB.  opinions  are like... well you get the picture. Nothing matters 
> beside the fact that you are making the request on your own for your own 
> best interest.  Stick to stating what you want, why you want it.
>
>
> 3. It is unclear why the CCB will be the best option.  Remember it isn't 
> your funding, and in order for your state agency  to allocate the funds, 
> they have to justify the cost.  As my professors always say, don't forget 
> to argue the other side.  Is your reasons to go to the CCB and not another 
> instate program simply because you "want" to go there?  If so, that isn't 
> enough to carry the day.  You might state things such as.
>
> Proven track record, availability of specific training, familiarity of the 
> program from speaking with others.  Regardless, remember that it isn't 
> your funding, it is the tax payers, and it is the agency's duty to make 
> sure they spend those funds not only in your best interest, but also in 
> the most transparent and responsible way.
>
> What makes the CCB better than your instate training program? Make a list, 
> narrow it down to four or five reasons.  Pretend that you had the power to 
> grant the request and ask yourself is this based upon facts, or opinion. 
> Facts will carry much more weight than simply wanting, feeling, needing, 
> because others told me this or that.
>
> 4. Wow you have done a lot, receiving a master's degree and a BA. Remember 
> that you have to use these professional credentials to your best interest. 
> The counter argument is that you already have professional degrees, so why 
> should the state spend more funding on someone with such degrees when 
> there are many without them.
>
> You may want to consider stating that you are continuing to work toward 
> the use of these degrees but need some additional training on personal 
> living skills.  I notice that you end in your letter how you want to begin 
> a new training track with a new degree.  This is by no means impossible, 
> however remember the counter argument, you have many degrees, many blind 
> people do not.  State why you should receive the support when others also 
> need it.
>
> 5. I know you want to put "teeth" into your letter. While I understand 
> there may in time be the need to do this, this is better served when or if 
> you are ever represented by a lawyer in your state.  Yes you are 
> frustrated, yes you want them to grant your request yesterday, but 
> demanding something before asking for it does not help your cause.
>
> There may be no need to make legal arguments.  If you notice I have not 
> sited any legal action or stated any laws.  This is because as we say in 
> Texas "You ain't there yet."  Try to use honey rather than sulfuric acid 
> first. Instead, stick to the importance of receiving this training so that 
> you can continue being a productive member of the blind and sighted 
> communities.  State how you understand the mission of the agency is to 
> enhance the independence and dignity of blind people in your state, and 
> that you are calling on that agency for its assistance.
>
> Thank them for their consideration and let them know that you are 
> available by letter, phone, or in person interview should they wish to 
> discuss this request.
>
>
> To close, again this is not legal advice, just from a blind person who 
> wants to see others meet their goals.  I hope my thoughts help and I wish 
> you all the best success in meeting your goals.
>
> Sincerely, and good luck,
>
> Robert Dittman
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On 
> Behalf Of RJ Sandefur
> Sent: Thursday, April 07, 2011 6:28 PM
> To: NFBnet Blind Law Mailing List
> Subject: [blindlaw] Justification
>
> I'm writing a justification letter for me to be able to take training from 
> CCB, but our state agency likes to play hard ball. What can I put in this 
> letter in order to say something to the effect, "If you violate my write 
> of informed choice, their will be legal action? Here's a copy of the 
> letter. Make changes to it if you wish. RJ
>
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