Legal Service

In Florida alone, there are over 3 million people who are hearing impaired. The prevalence of hearing disorders among senior citizens is on the rise. The surprising fact is that this large segment of the population is not effectively served by attorneys. The problem of delayed representation is based on a misunderstanding of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973.

Classifications

It is important that an attorney understand the differing levels of hearing loss and the distinctions among the hearing impaired. The most common terms for an attorney to know are “deaf” or “hard of hearing”. An attorney should ask the client’s identifier if uncertain. This will aid the attorney in clarifying the accommodations or types of services needed. The factor that helps to determine the classification of a hearing impaired person is the amount of usable hearing that the individual has. Deaf people used American Sign Language (ASL) to communicate. An individual who is classified as hard of hearing is not deaf. He or she has suffered the loss of hearing that can be aided using hearing aids and speech reading. The majority of those hard of hearing do not know ASL.

ASL

The way that differing hearing impaired individuals communicate varies. Once an attorney understands the hearing classification, he can understand the communication method employed by the client. The attorney must ask which auxiliary aid or assistive device will be needed for effective communication. A client who is hearing impaired will appreciate a straightforward approach of dealing with the situation. The first type of communication used is American Sign Language; it is a manual and visual communication that is not English. ASL has it owns rules of grammar and syntax and is not a written language. An attorney should be cognizant that all legal documents will have to be reviewed in a deaf person’s second language, English. Second-language fluency will vary from person to person. The most effective way to communicate with a deaf person is with the assistance of a qualified and certified ASL interpreter.

Use of Hearing Aids

The hearing impaired that is identified as hard of hearing usually rely on different auxiliary means in order to compensate for hearing loss. A person who is hard of hearing can have different levels of hearing depending on the pitch and background noise level. For example, a person who has is hearing impaired may find it difficult to carry on a conversation at a loud restaurant. The loud background noise may be too distracting or intense. Lip-reading is one measure taken to fill in the gaps of what is being missed due to hearing loss. However, an attorney should realize that proficiency in speech reading can also be fluctuating. A hearing aid in one or both ears can improve the hearing dramatically of a person who is hearing impaired.

Special Modifications

An attorney must make special modifications when interacting with a hearing impaired or deaf client. As an attorney, he will know the importance of not treating a person who is hearing impaired differently due to a disability.

Rights of Hearing Impaired

Going to court for legal proceeding can make anyone feel uncomfortable unless you are an attorney. For the hearing impaired, court proceedings can lead to anxiety and fear. This is due to the stress of wondering how he or she will be to hear what is going on. Are there any interpreters on the site than are available to them? Legal proceedings involving the hearing impaired has many participants such as the judge, the attorney for each side, jury and so on. Another person that is present is an interpreter for the hearing impaired individual. The role of the interpreter is as important as the role of the attorney but with a major distinction of being completely neutral to the outcome of the proceedings.

Requirements of Qualified Interpreter

The legal system has many requirements, from an attorney’s standing with the bar association to the certification of an interpreter for the hearing impaired. An interpreter must be considered “qualified” in order to translate at legal proceedings; there are three options in order to be considered “qualified”. The first option is that the individual must have obtained specialized certification from either a state agency or commission serving the hearing impaired. The second option is that the interpreter must have obtained certification from the National Association of the Deaf (NAD) or the Registry of Interpreters for the Deaf (RID). The third option in order to be considered to be a “qualified” interpreter is that the interpreter can effectively facilitate communication between the hearing impaired and individuals in court who are not impaired such as the attorneys or the judge.

No Family Members Please

An additional prerequisite of the interpreter is that he or she must be a relative or friend of anyone involved in the proceeding. For example, the interpreter cannot be a niece of one of the attorneys involved in the case.

How to request an Interpreter?

The hearing impaired can request an interpreter, with the help of his or her attorney. Most court systems have a specific department in order to process the requests for interpreters. The attorney of the hearing impaired will most likely know how much notice needs to be given to this department in order to guarantee an interpreter for a specific court date. The necessary information in order to request an interpreter for the hearing impaired includes: names of the people in the case, case number and any other special needs present. The attorney can have someone on his staff make the request.

Additional Services may be available

In addition, the attorney for the hearing impaired individual scheduled in court can see if there are other services specifically geared towards the hearing impaired. Some of these services include real-time captioning, assistive listening devices, and relay. Real-time captioning involves a high-skilled captionist who enters steno shorthand into advanced software. The steno shorthand is then translated into readable English which is displayed on a computer screen, television screen, video or overhead projector.