[blindlaw] Trial Advocacy

[Stewart, Christopher K]

Greetings All,

With regard to sighted assistance, or assistance in general, I would
just say this. I've witnessed as a law clerk and as a summer associate
in a law firm a number of trials. In those trials, I've seen only one
case where the lawyers did not make use of assistants. It was a
federal civil jury trial, and a very knowledgeable person referred to
it as "the most disorganized mess I've ever seen," and, "a prime
example of how not to try a case." I'm sure some lawyers do it
brilliantly, but that's just been my experience.

Whether it is an assistant whose job it is to sort papers and run the
powerpoint, or whether it is an actual second chair attorney, my
experience suggests that making use of an assistant is the norm rather
than the exception. I'm guessing this is because the amount of
materials involved in a trial is generally a bit more than one person
can comfortably manage. And, Shannon makes an excellent point about
voir dire. While I generally think blind people pick up on non-verbal
cues just fine, for the sake of the client, a belt and suspenders
approach is probably the best idea. And of course, trial advocacy is,
first and foremost, and exercise aimed at getting a result for another
person.

Also, I highly recommend McElhaney's Trial Notebook. It has wonderful
examples and strategies for all phases of trial. The judge I'm
clerking for recommended it to me. And, best of all, the most recent
edition is on Bookshare.

Best,
Chris