You are listening to the Issues on Appeal Podcast, focusing on timely and timeless issues of appellate practice and professionalism.  Here is your host, Duane Daiker. 

Thanks for joining me for episode 63. Can I hear you now?  The show is again sponsored by Court Surety Bond Agency, the nation's leading surety agency specializing in supersedeas bond.  More about C S B A later in the show. 

In this very special episode of the podcast, I address a personal issue that affects my ability to do my job, and it might affect yours too.  Can I hear you now?

A few months ago, I was excited to have my first in-person oral argument since the pandemic began.  I've done so many over Zoom at that point that it almost seemed normal. It was exciting to get back into the second DCA courtroom in Tampa.  By the time my case was called, the courtroom was empty. It was me, opposing counsel, and the three judges on the bench.

 As the appellee, I sat with my outline and my pen waiting to start formulating my response, but it wouldn't be quite that easy this time. 

[Garbled simulated oral argument]

Wait.  What?  I couldn't quite get what she was saying.  I could hear her, but I couldn't understand her.  I was getting every couple words.  It was very difficult to stay focused on the argument because I was panicking a little.  I was struggling.

Now, I knew I'd had some hearing loss that had gotten worse over time.  My wife has made that clear once in a while.  I knew that cocktail parties and noisy restaurants were a problem for me, and I knew watching live theater was often a struggle.  I knew my hearing wasn't perfect, but it was good enough.  My ENT doctor told me that I would know when I was ready to do something about it.

Well, that OA was my wake-up call.  I needed to do something.  Cocktail parties are one thing, but my work is a different story.  As appellate lawyers, we all know we make our living with words, often written words, but also spoken words, and not hearing them was unacceptable when there are alternatives.  So I went to an audiologist who tested my hearing again, and confirmed that I was an excellent candidate for hearing aids.

It's a long story and it's still developing.  But I'm officially wearing hearing aids, and so far it's a world of difference. It's a process for sure, and it does take some time, but my hearing and my speech recognition is much better, and it's still getting better all the time. If you have any concerns about your hearing, I'd encourage you to take the next step.

One of my childhood favorite actors, Leslie Nielsen, who suffered from hearing loss his whole life, said it this way. ?Are you having problems hearing? If so, those around you already know it.? And then true to his comedic nature, he added, ?Hearing loss is no laughing matter. So don't be a punchline.? Surely he's right, but don't call him Shirley.

If you have hearing loss, chances are you already know. And if you aren't sure, ask your friends or your family, they know. I urge you to identify the issue before it has a detrimental effect on your life, your relationships, or even your job as an appellate lawyer.  See, and I brought that back around.  

I'd like to say I had no reservations about wearing hearing aids, but that's not entirely true.  For people of my age, there is a definite stigma associated with hearing aids. It's associated with old people and the infirm.  Eh?  Speak up, sonny!  But we're lucky to live in a time that that kind of thinking, any kind of body shaming or ability shaming is not really socially acceptable. 

This doesn't mean it doesn't make me feel older than I am, or self-conscious.  It does, but I'm working on it.  I'm working on me.  This podcast is part of dealing with that whole process.  It's a little like therapy for me, but maybe it's also useful to you.  If I can help anyone take the next step to address their hearing health now, or at least be aware of hearing issues in their life, then my work here is done.

Thanks for listening.  And thanks for hearing me.

Remember, podcasts are never legal advice, and nothing that I say or my guests say should be interpreted as legal advice or any particular situation.  But if you're a lawyer who needs the help of an appellate lawyer, I'm happy to try and help.  And please consider using our sponsor, Court Surety Bond Agency, for your client's appellate bond needs.

When you need a bond, you often need it quickly. CSBA's contact information is in the show notes. Please take a moment, add it now to your contacts now, so that you're ready when your client needs a supersedeas bond. 

So this podcast has become, um, episodic. The Oxford Language English dictionary defines episodic as ?occurring occasionally and at irregular intervals.? Uh, that's about right.  I do miss recording regularly, and I have some ideas percolating.  There are a couple new episodes in the works. 

My sincere thanks to all of you who have inquired about the podcast, and told me you look forward to new episodes.  That means a lot, and you will get them.  I hope that you will continue to download, and listen.

Thank you for considering this week's Issues on Appeal.