[blindlaw] Embedded images in cases/other filings

[Brian Unitt]

Laura,

That is what I thought you were talking about. I have noticed a few of those recently on Westlaw. I agree with you it is not a good trend and we should try to get out ahead of it. I will mention it to the research attorneys I know at the Court of Appeal here in Riverside, and see if I can get some dialogue started.
Brian
Brian C. Unitt
Certified Specialist in Appellate Law
The State Bar of California Board of Legal Specialization

Holstein, Taylor and Unitt
A Professional Corporation
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From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Laura Wolk via BlindLaw
Sent: Thursday, May 02, 2019 1:18 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><mailto:blindlaw at nfbnet.org%3e> 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<mailto: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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