Helping Clients With Multiple Disabilities
I am representing a client who has been deaf from birth. Unfortunately, he also suffers from a brain injury. The combination of the two makes communicating with him challenging under the best of circumstances.
Most of us are familiar with the process of using an American Sign Language (ASL) interpreter to communicate with deaf clients. However, I just became aware of another sort of interpreter that is invaluable for communicating with deaf clients who also have diminished or different communication skills. This is a Certified Deaf Interpreter, or CDI.
ASL interpeters are hearing individuals who translate the spoken word into sign language. However, they are not able to communicate with deaf people as effectively as another deaf person can. This is because every person signs differently, and because sign is often augmented by gestures and expressions. A CDI is another deaf person who is certified as an interpreter. They assist the deaf client in understanding and responding to the translation of the ASL interpeter. This is particularly helpful for people who have communication difficulties beyond deafness, like a diminished mental capacity.
Here's how it works. A question is spoken. The ASL interpeter translates the question into sign. The CDI signs the question again to the deaf client, and then takes the client's signed answer and communicates it in sign to the ASL interpreter. The ASL interpereter then translates the answer into speech for the hearing participants.
It sounds cumbersome, and it is. It certainly adds to the time required for a deposition, for example. But having done depositions like this both with and without a CDI, I can say that for the right client, it makes a huge difference in the ability to communicate effectively.
Attorneys should also know that these kinds of reasonable accomodations are required by the ADA. Not only that, but the cost of these services cannot be passed along to the client as a case expense. My experience is that the deaf are generally aware of their rights, so you should not be surpised when you receive these sorts of requests. Afterwards, you will be glad you complied. It really makes a material difference in the quality of the representation.
