[blindlaw] Handling paper docs at a hearing

Mon Sep 17 20:26:36 UTC 2012

Two thoughts:

First, remember that in order to defeat a claim for unemployment
compensation, the employer must establish that the employee committed some
act of gross misconduct. Thus, focus on putting on the strongest case you
can for your client, including if necessary minimizing the negative impact
that any alleged misconduct of the former employee had on the former
employer. In other words, without worrying about documents you don’t know
about, take the time to ensure that your witness is strong and credible. 

If the employer offers evidence that you have not had an opportunity to have
read prior to the hearing, ask the hearing officer to request that the
employer describe what the evidence is and why that evidence should be
received.  Claim that the employer should be required to lay a foundation
for consideration of any evidence by the hearing officer. Even with that
minimal amount of explanation you may be able to construct some meaningful
cross-examination on the fly.

Regards, 
RUSSELL J. THOMAS, JR.
Principal Attorney 

Law Office of Russell J. Thomas, Jr. 
4121 Westerly Place, Suite 101
Newport Beach, California 92660
T: 949-752-0101
F: 949-257-4756

Follow me on Twitter @EmplmntAttorney

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-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Ross Doerr
Sent: Monday, September 17, 2012 1:00 PM
To: Blind Law Mailing List
Subject: Re: [blindlaw] Handling paper docs at a hearing

Hello Paul:
I have to agree with what Rod says.  I did administrative hearings for 5
years, nad the rules of evidence are handled pretty loosely, at least in
Maine. So trying to get documentation in advance to review it isn't always
realistic.
I'm afraid that sighted assistance as a stand-by is critical. It is rare
that a hearing starts with the evidence/documentation that had been
exchanged a week or so in advance.
This is one of the times when you are stuck with havint to have eyes
available "just in case" and also be prepared to use the objection
preservation rules that the administrative regs in your jurisdiction has.
In 5 years of doing Medicaid administrative hearings, so many that I can't
count, that little "I understand how liberal the rules of evidence are
construed in this venue, but I would like my objection to those documents
preserved for appeal" has paid off big only twice. But for your client,
thats all that matters to them.
You are right to be concerned about the record at the administrative level. 
More than once our office declined to take a file on appeal from the
administrative level into court after reviewing the record that was
generated in the administrative hearing. That can bite you very badly.
 How about trying to coordinate  with the student services offices at a law
school to get a reader for hearings? They get a little real world experience
and you get someone who has legal training to be eyes where you need them? 
IF its work study, the law school pays them, but you will need to do some
schmoozing and convincing to get the deal.
Just a suggestion.
Ross A. Doerr Esq.

----- Original Message -----
From: "Rod Alcidonis, Esquire" <attorney at alcidonislaw.com>
To: "Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Monday, September 17, 2012 2:42 PM
Subject: Re: [blindlaw] Handling paper docs at a hearing

> Paul:
>
> I handle a lot of those in Pennsylvania, in Philadelphia and surrounding 
> counties. You are right. There is always going to be late discovery in 
> this game. The way the process works is that you appear for the hearing, 
> and the Clerk gives you the file to review. There will be hand-written 
> documents in the file, pictures, etc. You must have a way to review the 
> file because this is how you are going to win or lose at the hearing. You 
> won't raise proper objections if you don't know what's in the file, or be 
> able to effectively cross examined  the employer's representative. Given 
> that severe limitation, there is no way you can do this without sighted 
> assistance.
>
> By the way, this happens at every administrative hearings I have appeared 
> in in Pennsylvania. You will be able to attend some hearings by yourself 
> once you have a few years under your belt and you know the judges and you 
> are fairly certain that the hearing will not require the ability to gain 
> access to documents while in the courtroom.
>
> As usual, call me and we will brainstorm some stuff.
>
> This offer is extended to anyone who might need help in figuring something

> out as solo practitioners.
>
>
>
> Rod Alcidonis, Esquire
>
> -----Original Message----- 
> From: Paul Sullivan
> Sent: Monday, September 17, 2012 9:23 AM
> To: blindlaw at nfbnet.org
> Subject: [blindlaw] Handling paper docs at a hearing
>
> I imagine this is a topic that comes up frequently, so forgive me if
> I'm repeating passed discussions.
>
> I'm considering handling unemployment appeals as part of my practice.
> However, I've been made aware by other attorneys who practice in this
> area that it is not uncommon for the opposing party to bring documents
> to the hearing--documents that are not required to be submitted before
> hand, giving me no opportunity for examination prior to the hearing.
>
> For those of you who litigate, how do you handle these types of
> issues?  Short of having a reader, which won't be an option for me, at
> least at first, I'm not sure the best way to handle these situations.
> If anyone has any suggestions I'd greatly like to hear about what has
> worked and in what types of situations.
>
> All the best,
> Paul
>
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