[blindlaw] Handling paper docs at a hearing

Gerard Sadlier gerard.sadlier at gmail.com
Mon Sep 17 21:41:28 UTC 2012


Rod,

Can we discuss this by e-mail off list - I am in another jurisdiction
and time differences will make phone calls awkward, even though this
would be a preferable means of discussing this.

Thanks

Ger

On 9/17/12, Daniel McBride <dlmlaw at sbcglobal.net> wrote:
> 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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