April 9, 2004) — A local lawyer has admitted violating the Americans with Disabilities Act by failing to provide a sign language interpreter to a deaf client.
In a settlement reached prior to a civil lawsuit, Gregg Tirone, 42, of Penfield agreed to pay Kathleen Culhane Rozanski $2,200 and place a notice in legal publications saying that he is in compliance with the Americans with Disabilities Act.
The U.S. Department of Justice received a complaint from Rozanski two years ago after she sought Tirone’s services for a divorce. Other issues, including domestic violence, child custody, visitation and a restraining order were also to be discussed.
A court-appointed interpreter was used when Rozanski was in court, but in private meetings with Tirone, communication was done by writing down notes or asking a family member to help.
”Ms. Rozanski alleges that due to the absence of a qualified sign language interpreter, she did not understand all that was conveyed,” according to the settlement. Tirone said he represented her adequately and professionally and he believes she always understood him.
Rozanski wrote letters to the Justice Department and the Monroe County Bar Association complaining about Tirone’s lack of willingness to hire an interpreter.
”The Bar Association was not sympathetic to anything Kathleen made them know about,” said her father, Jim Rozanski, of North Carolina. “There was a total lack of communications and arrogance.”
Rozanski, 34, of Pittsford sometimes had her sister, who also has a hearing loss but uses another form of sign language, to help interpret.
”She was just so frustrated,” her father said. “It built a wedge between them. They were both crying and everything else.”
Tirone did not return phone calls about the settlement. Rozanski said she has not received his payment, even though the settlement was reached in January.
As stated in the settlement, lawyers are considered a public accommodation and must provide sign language interpreters when necessary to provide effective communication in legal matters and finances that would be sufficiently lengthy or complex.
The settlement also noted that signing and interpreting is not the same thing. Family members and friends are usually not qualified interpreters and should not be used in such cases.
”Use of a family member as a sign language interpreter in a matter involving domestic violence was inappropriate,” the settlement said.
Spencer Phillips, a lawyer with the Public Interest Law Office of Rochester, is familiar with the case and agreed with the finding against Tirone.
”Federal regulations provide that a qualified interpreter is warranted any time important, complex, or lengthy communications take place between a lawyer and a deaf client,” Phillips said. “If the deaf client is making a quick stop by the lawyer’s office to drop off a paper, no interpreter is required. However, in most other situations, an interpreter should be provided.” And the lawyer is responsible for paying for the interpreter, he said.
So how does a lawyer know when to schedule an interpreter?
”If a matter is important enough to require a meeting with a client, it is also important enough to require an interpreter,” Phillips said.
In a settlement reached prior to a civil lawsuit, Gregg Tirone, 42, of Penfield agreed to pay Kathleen Culhane Rozanski $2,200 and place a notice in legal publications saying that he is in compliance with the Americans with Disabilities Act.
The U.S. Department of Justice received a complaint from Rozanski two years ago after she sought Tirone’s services for a divorce. Other issues, including domestic violence, child custody, visitation and a restraining order were also to be discussed.
A court-appointed interpreter was used when Rozanski was in court, but in private meetings with Tirone, communication was done by writing down notes or asking a family member to help.
”Ms. Rozanski alleges that due to the absence of a qualified sign language interpreter, she did not understand all that was conveyed,” according to the settlement. Tirone said he represented her adequately and professionally and he believes she always understood him.
Rozanski wrote letters to the Justice Department and the Monroe County Bar Association complaining about Tirone’s lack of willingness to hire an interpreter.
”The Bar Association was not sympathetic to anything Kathleen made them know about,” said her father, Jim Rozanski, of North Carolina. “There was a total lack of communications and arrogance.”
Rozanski, 34, of Pittsford sometimes had her sister, who also has a hearing loss but uses another form of sign language, to help interpret.
”She was just so frustrated,” her father said. “It built a wedge between them. They were both crying and everything else.”
Tirone did not return phone calls about the settlement. Rozanski said she has not received his payment, even though the settlement was reached in January.
As stated in the settlement, lawyers are considered a public accommodation and must provide sign language interpreters when necessary to provide effective communication in legal matters and finances that would be sufficiently lengthy or complex.
The settlement also noted that signing and interpreting is not the same thing. Family members and friends are usually not qualified interpreters and should not be used in such cases.
”Use of a family member as a sign language interpreter in a matter involving domestic violence was inappropriate,” the settlement said.
Spencer Phillips, a lawyer with the Public Interest Law Office of Rochester, is familiar with the case and agreed with the finding against Tirone.
”Federal regulations provide that a qualified interpreter is warranted any time important, complex, or lengthy communications take place between a lawyer and a deaf client,” Phillips said. “If the deaf client is making a quick stop by the lawyer’s office to drop off a paper, no interpreter is required. However, in most other situations, an interpreter should be provided.” And the lawyer is responsible for paying for the interpreter, he said.
So how does a lawyer know when to schedule an interpreter?
”If a matter is important enough to require a meeting with a client, it is also important enough to require an interpreter,” Phillips said.