[blindlaw] Reduced Billable Hour Requirement as an ADAaccommodation

Scott C. LaBarre slabarre at labarrelaw.com
Thu Sep 20 18:10:26 UTC 2018 

Hello everyone, we will  definitely work to put together a call/seminar about this.  Given the right tools, attitude, and, as part of those tools, accessible technology, blindness does not inherently make a blind lawyer unable to produce at expected levels.  It's true that some tasks may take longer, but it is also true that we may be able to perform some tasks more quickly.  By using JAWS, I can read documents faster than my sighted colleagues, for example.  Any way, this  will be an interesting discussion.
Best to all,
Scott 

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Michal Nowicki via BlindLaw
Sent: Thursday, September 20, 2018 11:53 AM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Michal Nowicki <mnowicki4 at icloud.com>
Subject: Re: [blindlaw] Reduced Billable Hour Requirement as an ADAaccommodation

Thank you, all, for your input. A conference call on self-marketing would be very helpful. On one hand, it is crucial that we present ourselves to prospective employers as positively as possible to maximize our chances of getting a job offer. On the other hand, though, we also need to find ways to bring our unique challenges to their attention without scaring them to avoid unnecessary friction when an access barrier, such as inaccessible workplace software, arises. Hopefully, we can identify some strategies that can help us strike this delicate balance. I look forward to contributing to this discussion, whenever it takes place.

Michal

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From: Tai Tomasi via BlindLaw
Sent: Thursday, September 20, 2018 11:26 AM
To: Blind Law Mailing List
Cc: Tai Tomasi
Subject: Re: [blindlaw] Reduced Billable Hour Requirement as an ADAaccommodation

I agree with the comments below, as well as those of James and Marc Maurer. Let's schedule a call on self-marketing next quarter. 
 
Ms. Tai Tomasi, J.D.
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-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Luis Mendez via BlindLaw
Sent: Thursday, September 20, 2018 11:19 AM
To: 'Blind Law Mailing List' <blindlaw at nfbnet.org>
Cc: Luis Mendez <lmendez716 at gmail.com>
Subject: Re: [blindlaw] Reduced Billable Hour Requirement as an ADA accommodation

Good morning:

If it hasn't been done before, or at least recently, a seminar, or webinar  on   covering self-marketing   might draw a lot of interest and could prove very helpful.  Beginning a job search by requesting  a reduced workload   is likely to convey an unfavorable impression both of the candidate and the capacity of people who are blind in general.   As discussed at length during last weeks call, there are  a number of approaches and tools that can be employed to assist in competitively  performing visual tasks and managing a heavy workload.

Luis

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Rod Alcidonis via BlindLaw
Sent: Thursday, September 20, 2018 9:50 AM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: rodalcidonis at gmail.com
Subject: Re: [blindlaw] Reduced Billable Hour Requirement as an ADA accommodation

it depends on how you are measuring what is considered debilitating. If a sighted colleague measures extremely low on the intelligence, competence, and ethics scale, which are essential qualities of a good attorney, regardless of your blindness, this attorney will be less of a valued asset to the employer. Blindness is not even part of this equation. This is the reason why I found it misguided to redirect the employer's hiring interest to your blindness, as oppose to your intelligence, competence, and ethics.

Such an approach is  counterproductive. This is not reasonable accommodation but more of a self-inflicted degradation of one's professional standing.

I think there need to be a seminar of sort to help blind attorneys understand how to sell oneself effectively as a blind professional. We need that in this competitive environment. Not just at job interviews, but in other professional business interactions with clients and colleagues and partners.



Rod Alcidonis, Esq.
-----Original Message-----
From: Rahul Bajaj via BlindLaw
Sent: Thursday, September 20, 2018 9:15 AM
To: Blind Law Mailing List
Cc: Rahul Bajaj
Subject: Re: [blindlaw] Reduced Billable Hour Requirement as an ADA accommodation

I agree with Mark, except insofar as he says that it would be wrong to single out the limitation of blindness as being especially debilitating. I think it is a singularly debilitating limitation, and it and other limitations of mood, temprament and the like are not mutually exclusive. 
Nothing inoculates a blind lawyer from having these limitations over and above the limitation of blindness.

That caveat notwithstanding, I think that demanding this accommodation of relaxation of the billable hours requirement may not be prudent. Like I said on the call, a blind transactional lawyer has to find ways of being better than their colleagues in other areas, such as learning to read faster. 
Blindness gives rise to several limitations which cannot be wished away. But if one is able to make a good case for the proposition that one's knowledge of the law, articulation ability and communication and interpersonal skills are superior to those of one's competitors, the impact of the disability can be mitigated.

Best,
Rahul

Sent from my iPhone

> On Sep 20, 2018, at 5:59 PM, Maurer, Marc via BlindLaw 
> <blindlaw at nfbnet.org> wrote:
>
> Colleagues:
>
>
>
> I don't believe in the premise. There are times when a piece of 
> technology is more cumbersome to use as a blind lawyer than it would 
> be to use as a sighted lawyer. However, lawyers get paid for time and 
> talent. Ultimately the talent of blind lawyers must be equivalent to 
> that of sighted lawyers, and my observation is that this is true. All lawyers have limitations.
> Some of them are limitations of temperament, some of mood, some of 
> background and training, some of interest, some of intelligence, and 
> no doubt many others. To single out one limitation and make it more 
> important than all the others is a mistake in assessment. I am not as 
> good as certain of my colleagues in some areas of the law. However, I 
> am much better than many of my colleagues in other areas. What do I have to sell?
> Intelligence, aggressiveness, a dogged persistence, a faith in my 
> clients, and a measure of experience. I have no compunction whatever 
> in charging people for these. If you want them, you get to pay for 
> them. Some people get them for free, but they have to convince me that it's worth it to me.
> Sometimes I'm slow, but I'm good when I work. I am not selling 
> accessibility. I am selling talent and commitment. I remember giving 
> advice to a job applicant who put on a resume that the applicant had 
> the best computer and was therefore worth hiring. I wondered out loud 
> why the employer didn't just buy the computer and skip hiring the 
> employee. People hire me because I have the brains and the talent to 
> use them. This is what blind lawyers should sell.
>
>
>
>
> Marc Maurer
> Director of Legal Policy
> 200 East Wells Street, Baltimore, MD 21230 410-659-9314, extension
> 2268 | mmaurer at nfb.org
>
>
> [National Federation of the Blind]<https://nfb.org/>
>
>                         [Facebook] 
> <http://www.facebook.com/nationalfederationoftheblind>     [Twitter] 
> <https://twitter.com/NFB_Voice>     [Youtube] 
> <https://www.youtube.com/NationsBlind>
>
> The National Federation of the Blind is a community of members and 
> friends who believe in the hopes and dreams of the nation’s blind.
> Every day we work together to help blind people live the lives they want.
>
>
>
>
>
>
>
>
>
>
>
> -----Original Message-----
> From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Michal 
> Nowicki via BlindLaw
> Sent: Wednesday, September 19, 2018 2:38 PM
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Cc: Michal Nowicki <mnowicki4 at icloud.com>
> Subject: [blindlaw] Reduced Billable Hour Requirement as an ADA 
> accommodation
>
>
>
> Hi Everyone,
>
>
>
> During last week’s conference call on job interview tips for blind 
> attorneys, I brought up the subject of meeting billable hour 
> requirements as a blind attorney. I now have a follow-up question on 
> that topic. Given the fact that we often need more time to complete 
> some tasks than our sighted colleagues due to access barriers, 
> assistive technology limitations, etc., and that it would be unethical 
> to bill clients for this extra time, does requesting a reasonable 
> reduction in the annual billable hour requirement (e.g., from 2,000 to
> 1,800 hours) qualify as a reasonable accommodation under the ADA 
> and/or similar disability rights laws? Is there any on-point 
> authority? Any guidance on this issue would be greatly appreciated, as 
> I want to do transactional work, most of which is still done on a billable hour basis.
>
>
>
> Best,
>
>
>
> Michal
>
>
>
> Sent from Mail for Windows 10
>
>
>
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