[blindlaw] Handling paper docs at a hearing

Tue Sep 18 15:28:55 UTC 2012

R.J.:

My blindness is due to retinitis pigmentosa.  When I started practicing in
Fort Worth in 1986, I was not cane dependent.  I became cane dependent
around 2001.

During the 15 years that I could still see something, I became very familiar
with all four of Tarrant County's jails.  Thus, after becoming cane
dependent, I had the layouts in my mind.

Two of the facilities are downtown, so access thereto was easy enough as I
officed downtown.  Two of the facilities are outside of downtown, one of
which I could ride the bus while I had to find transportation to the fourth.

I do clearly remember the first time I went to the jail to visit a client
and had my CCTV with me.  I carted my CCTV around on a baggage cart.  The
jailer told me I could go in, but that the CCTV would have to stay behind.
I asked who her supervisor was, and she referred me to Chief Pencell.  I
went around the corner to Chief Pencell's office, where he made an
appointment to visit with Sheriff Carpenter and he called the jailer and
told her to let me take my CCTV with me and to make whatever arrangements I
needed to set it up and use it.

The next day, I met with the Sheriff.  After our visit, all four facility
captains were put on notice to set up a special room for meeting with my
clients and to make use of my CCTV, even if it meant using the captain's
office.  In the 26 years since, I have never had a problem, and became good
friends with the facility captain at the Cold Springs facility.

Dan McBride
Fort Worth, Texas

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of RJ Sandefur
Sent: Monday, September 17, 2012 7:26 PM
To: Blind Law Mailing List
Subject: Re: [blindlaw] Handling paper docs at a hearing

Dan, How do you as a blind lawyer have access to the jail? RJ
----- Original Message ----- 
From: "Daniel McBride" <dlmlaw at sbcglobal.net>
To: "'Blind Law Mailing List'" <blindlaw at nfbnet.org>
Sent: Monday, September 17, 2012 5:17 PM
Subject: Re: [blindlaw] Handling paper docs at a hearing

> 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
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> blindlaw:
>
http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/attorney%40alcidonisla
> w.com
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> blindlaw:
>
http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/dlmlaw%40sbcglobal.net
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> blindlaw:
>
http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/joltingjacksandefur%40
gmail.com
> 

_______________________________________________
blindlaw mailing list
blindlaw at nfbnet.org
http://nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
To unsubscribe, change your list options or get your account info for
blindlaw:
http://nfbnet.org/mailman/options/blindlaw_nfbnet.org/dlmlaw%40sbcglobal.net