[blindlaw] Handling paper docs at a hearing

[Daniel McBride]

Paul & Al:

Although criminal defense is about all I do, I believe the same principle
applies.  That principle is due process and effective assistance of counsel.

Should I go into court and documents that I have not previously had access
to arise, I will remind the judge that my client is entitled not only to
counsel, but to effective assistance of counsel, and that my client's rights
to due process cannot be denied.  I then ask that the court clerk or the
court reporter read said documents to me, all while the jury is excused if
in trial.

Alternatively, I request a continuance to provide me the opportunity to view
the documents using my computer technology devices.

In the criminal courtroom, I have never had a problem.  My client gets what
I need, or the court can chance reversal for denying my client due process
and effective assistance of counsel.

Dan McBride
Fort Worth, Texas

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Rod Alcidonis, Esquire
Sent: Monday, September 17, 2012 1:42 PM
To: Blind Law Mailing List
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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