[blindlaw] Embedded images in cases/other filings

Thu May 2 20:36:45 UTC 2019

Tai,

You're not being a downer, you're being realistic.  I don't have the
answers.  But I think this is another one of those efforts where our
collective creativity and brain power can help us.

For instance, every court has rules about forms and contents of
briefs.  So, for instance, on the Third Circuit, all pdfs were
supposed to be OCR'd.  Many were not.  I had the ability to deal with
them.  But if I didn't, we'd be perfectly within our right to kick the
brief and force the party to refile correctly.  We could strategize,
it would be laborious, yes, to try implementing accessibility
guidelines into these brief requirements.  I also think going to the
ABA would be helpful on the education front.  I just foresee this
becoming a bigger and bigger access barrier for the exact reasons you
note.

On 5/2/19, Tai Tomasi via BlindLaw <blindlaw at nfbnet.org> wrote:
> I haven't encountered this in case documents, but given the increased use of
> screenshots and images containing text in professional scenarios (expense
> reports, receipts, etc.) and in online communications, it does not surprise
> me at all. Reversing this trend feels like a monumental task, especially
> when I can't even get my friends and colleagues who are mindful of my need
> for accessible documents to produce them.  Given that these embedded images
> are created by so many people and come from varied sources, how do you
> propose we attack the problem? Isn't it more complicated than merely
> educating our colleagues and courts regarding how to make documents
> accessible? Would we gain traction through the ABA? How do we address the
> fact that blind attorneys do not all have access to the same screen reading
> and OCR tools? I don't mean to be a downer. I am genuinely curious to
> develop a strategy to address this issue.
>
>
> Tai Tomasi, J.D.
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> -----Original Message-----
> From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Laura Wolk via
> BlindLaw
> Sent: Thursday, May 02, 2019 3:18 PM
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Cc: Laura Wolk <laura.wolk at gmail.com>
> Subject: Re: [blindlaw] Embedded images in cases/other filings
>
> Hi,
>
> I'm not sure we are talking about the same thing, exactly.  It's not the use
> of charts etc in the documents that's the problem.  It's the fact that,
> rather than having the actual chart, it is just an embedded image.  So Jaws
> just says "detected object" or, if you're reviewing in Westlaw "Image+giant
> string of numbers."  So, for instance, if you were to read the following in
> a case:
>
> "Plaintiff alleges that the defendant's actions caused him the following
> damages over the course of the relevant ten-year timeframe:
> Image2618294827328492.
> Plaintiff's calculations, however, are incorrect."
>
> You have no idea what the actual chart says, or what the purported damages
> were, because it's just a screenshot or an embedded image of whatever
> plaintiff submitted.
>
> Does that make more sense?
>
> On 5/2/19, Singh, Nandini via BlindLaw <blindlaw at nfbnet.org> wrote:
>> To an extent, yes. I remember taking a legal writing course a few
>> years ago that offered the multi-media approach to brief drafting. Our
>> textbook sampled a brief that had pictures of a monument, with the
>> brief acting as tour guide of the structure. That being said, the
>> important legal points could still be made sans pictures.
>>
>> I did not encounter too many embedded graphics or images in briefs
>> when I was clerking. The most notable case was a child pornography
>> matter, where the purportedly offending photograph was part of the
>> appendix. I think you are not really talking about these types of briefs
>> though.
>>
>> At my firm, we have a fairly traditional approach. Motions and briefs
>> are verbal. The main exception would be expert report submissions,
>> which have the entire range of visuals.
>>
>> The only other time that a table or chart is used in what I think is a
>> productive way occurs in indictments and sentencing reports involving
>> money laundering or structuring criminal offenses. These graphics can
>> be fairly simple to negotiate, as their main purpose is to illustrate
>> date, amount of money, and parties.
>>
>> I will say, however, for internal work product, people love using
>> proof charts and massive spreadsheets to create chronologies or summaries,
>> i.e.
>> making bulleted lists within a cell of a table. I find it a bit weird,
>> since this gets visually very cluttered based on input from my non-lawyer
>> friends.
>> I am also of the opinion that law is meant to be a literary
>> profession, so all these charts, with their color coding and flow
>> diagrams, may obscure more than clarify.
>>
>> -----Original Message-----
>> From: BlindLaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Laura
>> Wolk via BlindLaw
>> Sent: Thursday, May 2, 2019 1:22 PM
>> To: blindlaw at nfbnet.org
>> Cc: Laura Wolk
>> Subject: [blindlaw] Embedded images in cases/other filings
>>
>> Hello all,
>>
>> I sort of figured it was only a matter of time until this happened,
>> but I've recently noticed a marked uptick in the number of embedded
>> images (unaccompanied by explanations) that have made their way into
>> cases and briefs I have been reading.  These aren't even always purely
>> pictures; they are oftentimes tables or other charts that easily could
>> be rendered in an accessible fashion or easily described in-text.  Has
>> anyone else noticed this?   I think this is going to be a problem of
>> increasing magnitude as the years go by and we should probably jump on
>> it sooner rather than later.
>>
>> Laura
>>
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