Program teaches lawyers how to accommodate deaf clients.
What would you do if a deaf person wanted to hire you as a lawyer?
Tell the deaf person to bring a friend or family member who can help interpret--even though the legal issue is deeply personal and confidential?
Offer to communicate by writing everything down on paper--even though that would take so much more time that you'll just bill extra to the client?
Say you don't handle that kind of case--even though that's a lie?
Tell the prospective client it's his or her responsibility to hire an American Sign Language interpreter--because that's not your problem?
Sharon Caserta, with the Deaf/Hard of Hearing Legal Advocacy Program at Jacksonville Area Legal Aid, Inc., where she represents 40 clients, has heard every excuse.
"I constantly see this problem, and it's unfortunate to see lawyers around the state doing this to deaf clients, and many have meritorious cases," Caserta said.
"I think Florida has a long way to go. Deaf people will call me across the state saying, 'My attorney won't provide me with an interpreter.' And they're in the middle of doing interrogatories. Many are afraid to complain, because they are afraid their attorney will withdraw from the case."
Caserta explains lawyers not only have a professional obligation, but a legal obligation to accommodate deaf, hard-of-hearing, and deaf/blind clients under Title II and Title III of the Americans with Disabilities Act.
To help educate lawyers on the law, Caserta secured a $14,000 administration of justice grant from The Florida Bar Foundation and wrote the script to an online CLE titled, "The Americans with Disabilities Act: How to Protect Your Deaf, Hard-of-hearing or Deaf/Blind Client (and Yourself)."
It's free of charge, the video lasts 29 minutes, and 0.5 CLE credits have been approved, which may be applied toward the ethics requirement. It is course no. 81151, available online in the Bar's 24/7 On-Demand CLE catalog.
First, a vignette that lays bare misunderstandings about what is required of lawyers when a deaf client comes calling.
Then, Robert Mather, a senior trial attorney at the Department of Justice, Civil Rights Division, and Disability Rights Section, in Washington, D.C., says: "What...
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