[blindlaw] Trial Advocacy, how to?

[Daniel McBride]

Ger:

I second most everything Shannon says. Over a 23 year period, I tried about
100 criminal trials as a prosecutor and defense attorney.

Voir dire was my second favorite aspect of trial, second to final argument.
It is all but necessary to have a sighted assistant to help with notes and
reading body language of the venire panel. I also strongly encouraged the
client to take notes, observe the venire panel's body language and
participate in making strikes.

Shannon could not be more right about being organized, and I will add
prepared.

A very wise, and talented, older attorney that I clerked for during law
school, had a talk with me one day about being prepared. He was adamant
about one's ability to "out prepare" the other side.

During my years, I found that opponents, especially prosecutors, felt they
had an easy trial because of my blindness. No opponent ever made this
mistake twice.

I second Shannon's advice to be organized and to have sighted assistance
with evidentiary exhibits. However, I prefer the practice of approaching the
witness myself to present an exhibit to be offered, rather than having the
assistant do so.

Being blind, we need take advantage of any, and every, weapon in our arsenal
of tricks. Where I practice, the prosecution always has two prosecutors at
trial and, in felonies, sometimes three. Well, I managed to do pretty well
gaining brownie points with the jury by struggling with approaching the
witness stand and discussing exhibits, turning the table on the witness to
assist me therewith. The brownie points came through my struggles in tandem
with the jury's perception that the state had 2, or 3, sighted lawyers
beating up on this struggling, blind attorney.

In a trial, we are all looking for a level playing field, and my approach
always helped with leveling the field in the eyes of the jurors.

Otherwise, there is absolutely no substitute for being organized and being
prepared.

Best regards,
Daniel McBride
Fort Worth, Texas 


-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Shannon via
BlindLaw
Sent: Saturday, January 21, 2017 3:57 PM
To: 'Blind Law Mailing List'
Cc: Shannon
Subject: Re: [blindlaw] Trial Advocacy, how to?

The most difficult part for me is voir dire.  I practice criminal defense in
Texas.  Vision is really important in determining how jurors feel about you,
your client, the type of case etc.  I always have sighted attorney and non
attorney assistance for voir dire.  I conduct the voir dire, but I need
those with vision to let me know the facial expressions, the dress, the
attentiveness etc. that are shown visually rather than spoken.  I have also
been told that I probably would be given more latitude by judges to shake
the jurors hands during voir dire etc.  I haven't tried this yet, but think
it is an interesting idea.  During the trial itself, I have the topics I
want to cover on my computer so that I can make sure I cover everything.  I
also usually have a young attorney looking for experience sit second chair
to pick up on what is visually going on juror reactions as well as witness
reactions, judge's reactions and the prosecutor's reactions.
It is challenging, but I think I probably pick up on what is said and other
audio cues more than a sighted attorney so that is helpful.  I would love to
hear what others have learned.  As far as exhibits, it is important to be
organized!  Many times I ask to have my assistant be allowed to approach
with the exhibit etc.  
Sincerely,

Shannon Brady Geihsler

Law Office of Shannon Brady Geihsler, PLLC
1001 Main St., Suite 803
Lubbock, Texas 79401
Office:  (806) 763-3999
Mobile:  (806) 781-9296
Fax:  (806) 749-3752
E-Mail:  sbg at sbgaal.com
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-----Original Message-----
From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Gerard
Sadlier via BlindLaw
Sent: Thursday, January 19, 2017 9:22 PM
To: Blind Law Mailing List
Cc: Gerard Sadlier
Subject: [blindlaw] Trial Advocacy, how to?

Dear all,

I'd be really grateful for any tips any of you who do trial advocacy do on
how to do this most effectively as a blind lawyer. Happy to discuss off
list, if anyone would prefer that?

Thanks

Ger

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