[blindlaw] Oral advocacy

[Frye, Dan]

I'm not sure we disagree at all. You acknowledge the importance of
Braille for general literacy and for reading the notes that you might
occasionally use while pointing out that you rely on memory exercises
and an inherent gift for effective oral communication, extemporaneous
and otherwise. No doubt, possessing such ability is a valuable tool to
have if one wishes to engage in persuasive oral argument. Knowledge of
the substance of the issues at hand is also important and not in
dispute. When I engage in public speaking I regularly present without
excessive reliance on written word, but do keep specific citations and
references to hand in the event that I require the information. Engaging
in an interactive dialogue, of course, requires quick thinking and
usually does not require one to be wedded to written reference notes.
Nobody should infer from my emphasis on the critical importance of
Braille that I do not recognize the intangible characteristics that
contribute to accomplished oral performance. Finally, I would never put
Braille on par with any religion; it is simply one tool that can and
should be used if one has the capacity to learn it. I would say,
however, that knowledge of Braille is as important and paralleled to
knowledge of print for those with enough vision to efficiently use the
written word. Being unable to use Braille may not render a blind person
unable to be an attorney; I would assume, though, that most would agree
that not possessing this skill would, in most instances, be a
disadvantage.


Dan Frye

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
On Behalf Of Gregory I. Vendeland
Sent: Tuesday, November 06, 2007 1:15 PM
To: NFBnet Blind Law Mailing List
Subject: Re: [blindlaw] Oral advocacy

Okay.  So perhaps I will not be popular with this comment, but here
goes:

Braille is a fantastic tool.  there is no question about it.  It
provides a unique platform for blind people but it's not the holy grail
(no religious disrespect intended).

I don't know the reason for someone asking what solution is there for
preparing for an oral advocacy event without the use of braille but
simply saying that there is little opportunity for success outside of
the use of braille is limiting.

I'm a recent graduate and a consultant.  My personal experience in law
school and in the courtroom is different than some of you suggest.  I
don't use braille.  professors, competition evaluators and judges
regularly commented on the level of connection I had with them because I
was not buried in notes.

Courtroom presence is both a science and an artform.  "Watch" or listen
to oral arguments or gifted courtroom attorneys .  While they may use
limited notes, most if not all have a direct dialogue with their
audience, be it a jury or judge.

My suggestion.  Study your material.  Know the law "cold" as one of my
professor always said.  That means you just plain know the law on your
topic.  No guessing.  No floundering for an answer.  You just know the
law.

Advocacy is premised on knowing the law first and advocacy skills
second. 
You cannot bluff your way through this.  You need to know the law.  This
does not mean you know every quote, every person and every page number
by memory.  But you should know the case law.  The holdings and the way
in which the case law supports your position.

There are many memor exercises out there that are great.  One that I
found especially useful was called "Mega Memory".  It's in book format
and also on audio.  It demonstrates how you can improve your memory
skills tremendously in a relatively short time.  This permitted me the
luxury of not needing my materials with me.

the benefit of this is that technology can fail.  I entered one
competition where the Powerpoint projector malfunctioned.  My opponent
was lost.  She was unable to regroup from not being able to use her
visual aid that walked people through her argument.  she was unable to
successfully convey her message through talking and she did not fare
well at all.

The law presents a wonderful venue for people to use their communication
skills.  Actually talk.  Actually listen and actually respond directly
to a question being posed by a  hot court.  This is a fast paced
environment and I never lost because I didn't have a stack of braille
notes.

Am I saying don't learn braille?  NO!  It's a great tool.  But it's not
the only solution for being highly effective in oral advocacy.

You can reach me off-list at:

vendeland at msn.com
206-396-8939



----- Original Message -----
From: "Frye, Dan" <DFrye at nfb.org>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Tuesday, November 06, 2007 9:20 AM
Subject: Re: [blindlaw] Oral advocacy


> Unless you are physically unable to learn Braille, I'd make a point of
> mastering the code. It was invaluable to me while in law school and
has
> been beneficial throughout my career. Your inquiry alone suggests its
> significance. Your question is comparable to asking how do I read or
> reference print notes without knowing how to read. Of course, I don't
> know all of your circumstances (whether you've been recently blinded
or
> cannot read Braille for some other reason), but learning this
> skill--even if you are at first slow--will be your best option.
> Otherwise, it comes down to cultivating a good memory. I know totally
> blind attorneys who manage to rely on an incredible memory, but they
are
> few and far between. Most who try to use memory suffer from reluctance
> to engage in public speaking and limit their practice to research,
> avoiding litigation and other examples of public advocacy. Use of
other
> devices like talking computers or note takers with ear phones render
the
> speaker awkward appearing and halting.
>
> Good luck.
>
> With Kind Regards,
>
> Dan Frye
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org]
> On Behalf Of E.J. Zufelt
> Sent: Tuesday, November 06, 2007 12:02 PM
> To: NFBnet Blind Law Mailing List
> Subject: [blindlaw] Oral advocacy
>
> Good afternoon,
>
> I am a first year law student and next term will be doing a moot as
part
> of my Oral Advocacy course.  I am completely blind, but don't know
> braille.
>
> Can anyone tell me what techniques they use to prepare and present an
> oral argument, without the use of braille?
>
> Thank you,
> Everett
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw
> 

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