Resource Wednesday: Expungement in South Carolina

Every now and again, I need a reminder to share information.

Earlier today, I received a request from someone desperately trying to find out where to find help for an expungement. And, the resource is below:

  • Your Guide to Expungement in South Carolina (updated in November 2013). This fabulous, free resource was pulled together by the South Carolina Center for Fathers and Families. It can be found online at http://www.scfathersandfamilies.com/public/files/docs/Nov2013UpdatedGuide.pdf. It basically walks folks through expungement (Step 4) while letting them know whether expungement is a possibility (Step 3) and, if so, which one to go for.

If you want additional information on expungement and pardons, below are also some helpful links:

To find legal help or a lawyer:

 

To find more information on the legal system in South Carolina

To get a copy of your criminal record

  • South Carolina Law Enforcement Division (SLED) Records Department, Post Office Box 21398, Columbia, SC 29221, 803-896-1443, www.sled.sc.gov

To find more information on expungement, pardons, or other issues relating to fatherhood

  • The South Carolina Center for Fathers and Families, 2711 Middleburg Drive, Suite 111, Columbia, SC 29204, 803-227-8800, www.scfathersandfamilies.com

Sometimes all it takes is a little knowledge. Hope this helps.

~rfw

Let’s talk about Pro Bono

I have written about Pro Bono legal representation on different occasions, especially during or near the ABA’s National Celebrate Pro Bono Week. Here in South Carolina, I’ve seen more discussion about it, and even a little more participation.

But, I still don’t see as much participation as I would expect. So I have a question for attorneys, paralegals, and law students:

If you are not regularly engaged in pro bono representation, why not?

Please add your comments below. No expletives please. And, I’d like your honest answers.

  • Have you been asked?
  • Do you know where to find opportunities?
  • Are you nervous to do so on your own?
  • Do you think you don’t have enough time to add another case?

Thanks!

~rfw

New Resource for SC Seniors and Caregivers

The South Carolina Bar Public Services Division and the Lieutenant Governor’s Office on Aging recently collaborated together with members of the South Carolina Bar Elder Law Committee to update the SOUTH CAROLINA SENIOR CITIZENS’ HANDBOOK: A Guide to Laws and Programs Affecting Senior Citizens. This project was funded by a grant from the Administration on Aging.

Senior Handbook Cover

This is a FREE resource and is now available online at http://www.scbar.org/LinkClick.aspx?fileticket=QL4xW3AqA8Q%3d&tabid=204.

The print versions should start arriving in local South Carolina libraries soon.

This is a great resource for SC Seniors and/or their caregivers; it covers topics related to:

And an entire portion is devoted to a Community Resource Directory.

Even if you’re not yet a Senior or caregiver, you may want to look into some of these sections. The information is really helpful and easily accessible. Plus, it’s never too early to start planning.

~RFW

South Carolina Homeownership and Employment Lending Program – SC HELP

Are YOU a Homeowner who is Facing Foreclosure Due to:

Unemployment,

Underemployment,

Reduction in Self-Employment Income,

Death of Spouse,

Catastrophic Medical Expenses, or

Divorce?

If so, there may be help for you via SC HELP, see SC HELP Flyer.

Monthly Payment Assistance:

  • makes monthly payments while you are seeking employment and a return to self-sustainability

Direct Loan Assistance:

  • pays up to $20,000 on past due mortgage to bring it current

Property disposition assistance:

  • provides $5,000 to help transition families from homeownership to rental housing if:

1. Application with SC HELP completed FIRST
2. Permission for short-sale or deed-in-lieu of foreclosure granted
3. Money distributed AFTER execution of deeds completed

South Carolina has been awarded, $295,431,000 in funding from the U.S. Treasury Department’s Hardest Hit Funds to prevent mortgage foreclosure.

SC Housing Corp., a non-profit Division of the South Carolina State Housing Finance and Development Authority is administering the Program, known in SC as the South Carolina Homeownership and Employment Lending Program or SC HELP.

South Carolina Legal Services (SCLS) is one of the housing processing agencies for SC HELP.  SCLS assists homeowners who are at risk of foreclosure gather and submit the required documents to be approved for mortgage assistance through SC HELP.

The list of documents can be found here - SC HELP Required Documents List

There are no income requirements for SC HELP and all services are free to the homeowner.

SC HELP will not pay any more than $20,000 on the arrearages.

SC HELP may approve payment of the $20,000 but the actual payment will not be made until SC HELP has verification that the homeowner can pay the balance of the arrearages or that it has been forgiven by the lender or it has been placed at the end of the mortgage.

The requirements for the property disposition assistance program should be carefully reviewed.

NOTE: A homeowner is not eligible for this program if the property has already been sold at foreclosure.

Homeowners may call South Carolina Legal Services toll-free at 1-888-257-1988 Or 1-855-HELP-4 SC

Homeowners may also submit an application at www.SCMORTGAGEHELP.com

For more detailed information about SC HELP, please see Information Flyer

For more information about SC Legal Services, please see SCLS General Brochure

~RFW

Celebrate Pro Bono: David C. Shea

As part of Celebrate Pro Bono 2011, we are highlighting pro bono legal service in South Carolina.

Meet David C. Shea, South Carolina attorney.

David C. Shea

When asked about what first drew him to pro bono, he responds:

I started in law school, hoping to gain some practical legal experience while at the same time helping others. Having been the first in my family to be financially able to attend a university, much less go to law school, I felt attending law school as a privilege for which a public debt is owed. As long as I can remember, I’ve always been encouraged and helped by family and teachers who thought I might amount to something, so I simply feel a moral duty help out others. This might not be the best reason, but to me it’s just part of my upbringing.

I grew up in South Florida and had an interest in immigration work, and while at USC Law, Pam Robinson had a program which allowed me to help with deportation cases and actually conduct a hearing during my 2L year with attorney supervision. This experience ultimately resulted in me obtaining a highly competitive Department of Justice summer internship in Chicago. So, in a sense, an unintended consequence of pro bono efforts helped jump start my career. 

David Shea’s name kept popping up when I spoke with various people about who to interview for Celebrate Pro Bono. And it’s easy to see why. According to several sources, he “always tries to keep at least one active pro bono case going at any given time, as well as volunteering with the Law Related Education committee’s programs, including Mock Trial.”

When asked about his current pro bono work, he noted:

I just finished a trial for a client for a divorce and child custody issues; the Decree is not even finished yet.

My practice is mainly concentrated in divorce work, so I limit my pro bono intakes to that area. I believe lawyers can be more effective my volunteering in their areas of practice, and the clients are better served as well.

 I take appointments directly from the South Carolina Bar pro bono program, and make a point of being available for questions for the Bar staff who administer and manage the programs. 

He is also active with the LRE Committee, including being a past chair.

I believe the LRE programs are instrumental to educating South Carolina’s students about the law and building the character of our future lawyers and judges, and leaders in general for those who don’t go on to law school.

I asked David about whether his pro bono legal work has been rewarding. Apparently it’s been very rewarding:

I got a hug in the courtroom from my client after my last pro bono divorce trial. Another client made me a cake. Things like that happen more often from pro bono clients than paying clients. I can’t remember a time when I didn’t get at least a “thank you” from a pro bono client, even when I lost.

In mock trial, it’s rewarding to see a shy student blossom into a confident public speaker. I didn’t have mock trial available when I went to school, and I’m shy by nature so it’s extra rewarding to see a student with a background like mine succeed in mock trial.

While not really a pro bono moment, I started out my legal career as a public defender. Years after I had opened my own practice, the spouse of a former public defender client tracked me down to personally give me her husband’s 1997 Master’s golf ball marker. She said her husband had recently died but always talked with her about how much he appreciated me helping him and that she thought I should have it since it was the year I represented him. You just can’t recreate the overwhelming feeling of appreciation from a moment like that – I had no idea prior to that moment what something relatively minor in my life was so major in his life – but the ball marker sits in my office as a reminder to do what’s right, and in a respectful manner, as we might not appreciate what it might mean to someone else. 

His philosophy about pro bono legal service:

I’m fortunate to be blessed with three children, a marriage, and a busy law practice, and time management is getting harder and harder as they all grow. However, as lawyers we need to remember we are fortunate to be positions of responsibility and power not afforded to many professions, and we need to appreciate and accept that. It’s the lawyers who DON’T who cause the bad press for the rest of us.

We all can build in some time to give back to our community if we try, and the rewarding feelings are indescribable. I’ve been active in Mock Trial long enough now that students I’ve met in the competitions are now colleagues, and it’s rewarding for one of them to approach you at a function to say “I remember when you did … back when I was in high school.”  

Given the nature of many domestic pro bono cases, oftentimes trial is more likely than settlement, thus it doesn’t serve your family, the courts, or your clients well to get overextended. Do what you can, but keep perspective and balance. We all have our areas of interests and expertise, and between all the pro bono opportunities available to us through the S.C. Bar, our county Bars, the law schools, and the community in general, there’s an opportunity available for most any lawyer whether you want a few hours or a long term project.

Just as being a divorce lawyer is good for a marriage in terms of seeing what doesn’t work for others, doing pro bono work is good for a healthy legal mind and body in terms of doing for others what they can’t do for themselves.

Unfortunately, I see a lot a lawyers who probably would be much happier if they would let themselves experience a pro bono moment once in a while, as it would take them back to the days of idealism and helpfulness they had when they first dreamt of being a lawyer. The lawyers who entered our profession just for the financial rewards will dismiss this and go back to their work, if they are even reading this at all.

It you haven’t volunteered in a long time and my comments have actually given you pause, we still need some more judges for the Middle School Mock Trial competition in November and December. Do yourself a favor and call 803-252-5139 to volunteer right now while you are feeling guilty and longing to feel rewarded! 

Not surprisingly, David C. Shea’s volunteer work extends beyond his legal work, he also belongs to the Richland Sertoma Club, an organization dedicated to helping Midlands citizens and those with speech, hearing and language disorders. He is also a Cub Scout Den Leader to a wild, diverse, and fun group of first graders. 

I cannot imagine a better role model for those first graders! Thanks Dave!

~RFW

Disabilities Awareness Public Forum, Wed., Oct. 26, 2011

Tomorrow as part of Celebrate Pro Bono 2011, several attorneys will be speaking at a Disabilities Awareness Public Forum in Greenville, South Carolina.

The event is FREE and open to the public. We do have ASL Interpreters available for the event, but if you need additional accomodations, please contact Stephanie Gutzman at 864-235-0273 or by email at gutzman@pandasc.org.

Hope to see you there!

~RFW

Focus on Pro Bono: Celebrate Pro Bono 2011

I’m very proud to don this logo on the SC Access to Justice blog. For the past three years, the American Bar Association has hosted this powerful, national event highlighting the importance of pro bono legal services around the United States.

In South Carolina, we’re proud to highlight some of the work in our own backyard. Throughout the remainder of Celebrate Pro Bono 2011, you’ll be able to learn how South Carolina law students and practicing attorneys interpret pro bono legal services and put it into action.

Many thanks to the American Bar, probono.net and the thousands of attorneys and law students who are celebrating pro bono this week!

~ RFW

Congratulations to Texas Access to Justice Foundation!

In one of my e-alerts I saw where the Texas Access to Justice Foundation funded a YouTube video to help low-income self-represented litigants navigate the court system. I viewed the video and was duly impressed. While some of the information will vary for self-represented litigants in South Carolina, the video does provide good general information about what to expect in court.

Here’s the video:

Congratulations Texas!

-RFW

Update: Newberry County Self-Help Center Pilot Program

You may remember a quick announcement on the blog about the Newberry County Self-Help Center Pilot Program back in February. Well I’m pleased to say that the Newberry County Self-Help Center has regular operating hours – 10:00 a.m. to 2:00 p.m. on the 1st Wednesday of every month.

The Center is located inside the main courthouse, just past security on the right. There are brochures available to the public and a list of clinics and other public offerings will be available to those interested.

Thanks.

~ RFW

Extra Extra: Supreme Court of SC approves Self-Help Center Pilot

SPECIAL EDITION:

Earlier today, South Carolina Chief Justice Jean Hoefer Toal announced a pilot program for a Self-Help Center for Self-Represented Litigants in Newberry County.

At the end of the 2-year pilot program, the SC Access to Justice Commission will provide a report detailing the program’s effectiveness and making recommendations for further action.

Stay tuned!

-RFW