[blindlaw] Oral advocacy

Scott C. LaBarre slabarre at labarrelaw.com
Tue Nov 6 13:47:02 CST 2007


Greetings folks:

As for Braille, I cannot imagine presenting before a trier of fact, making 
an oral argument, or taking a deposition without it.  I also cannot imagine 
taking on any of those activities without my good memory.  Additionally, I 
cannot imagine doing any of them without my laptop and JFW at hand.

The point is that one needs to develop all of these skills.  The best 
sighted litigator would tell you that although she might possess the best 
memory tools in the world, she wouldn't want to be without the ability to 
review print notes or documents.  She wouldn't want to be without the 
ability to access her computer.

As blind lawyers, we are already behind a bit in the game for a multitude of 
reasons, therefore it is critical to bring all possible skills and 
techniques to bear on the situation.  If one's ability to manage print is 
weak, Braille is an integral tool.  I realize that some people go blind 
later in life or have medical issues surrounding the use of Braille, but a 
blind litigator must learn Braille to the extent possible and not be reliant 
solely on an excellent memory or listening to the computer or whatever.  The 
more arrows you have in your quiver, the more likely  you are to nail the 
target.
Scott C. LaBarre, Esq.

LaBarre Law Offices P.C.
1660 South Albion Street, Ste. 918
Denver, Colorado 80222
303 504-5979 (voice)
303 757-3640 (fax)
slabarre at labarrelaw.com (e-mail)
www.labarrelaw.com (website)

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----- Original Message ----- 
From: <AZNOR99 at aol.com>
To: <blindlaw at nfbnet.org>
Sent: Tuesday, November 06, 2007 12:15 PM
Subject: Re: [blindlaw] Oral advocacy


> Hi,
>
> I was not a Braille user until after law school.  I will echo Dan's  and
> Jim's sentiments about learning Braille if you can, because it makes oral
> advocacy easier if you have notes available to you.  However, I used a 
> laptop with
> Jaws installed on it.  I used an earbud so that no one else  would hear my
> computer.  It worked well for me, and I still use this system  when I'm on 
> trial
> and have to navigate through large documents.  If you set  the speed of 
> Jaws
> right, and if you practice, it may work for you as well.
>
> Having said that, I recognize the need for something more efficient. 
> When I
> have small documents, or when my reader is not available, and even when 
> she
> is, I often Braille out points I want to hit on.  I'm now trying to 
> increase
> my speed in the hopes of buying a note taker next year.
>
> My point is this: don't get discouraged by what you've read on this  list.
> Braille is terrific, but you can use other techniques while you're 
> learning
> Braille that will help you succeed at oral advocacy.
>
> Regards,
> Ronza
>
>
>
> In a message dated 11/6/2007 11:02:49 A.M. Pacific Standard Time,
> albertpgriffith at hotmail.com writes:
>
> There  are small ear pieces that are barely noticeable.  I'm not 
> discounting
> braille as the medium of preference but for some it's just not  feasible.
>
> -----Original Message-----
> From:  blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
> Behalf  Of Frye, Dan
> Sent: Tuesday, November 06, 2007 9:21 AM
> To: NFBnet Blind  Law Mailing List
> 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
>
>
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