Cast your vote re: ghostwriting

I’ve received the following email 3 times. It’s time for me to share!

Following an article published yesterday, titled Kansas Ethics Opinion Requires Disclosure on Ghostwritten Pleadings, the ABA Journal has created a poll on ghostwriting.  Visit the site at www.abajournal.com to cast your vote in the poll “Is Ghostwriting Legal Documents Ethical?”.

Scroll down the screen to see the poll, which is located on the right side of the home page.  We’re not sure how long the poll will be open, so be sure to vote today.

This issue is particularly relevant for those of us interested in limited scope representation.

Limited scope representation varies state by state, but generally, it allows attorneys to provide a discrete service and is considered by many to increase access to justice – due to reduced costs for legal services.

A litigant or client may pay for someone to write a letter on their behalf or write their court documents, but complete their legal representation at that point.

Ghostwriting is when the attorney writes the documents for the client. In some states, the attorney does not have to sign their name; in others, it is mandatory.

What do you think? Case your vote at www.abajournal.com.

-RFW

Filed under: 1, Ask-A-Lawyer, Court, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Readability, Right to Counsel, Rule of Law, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, court innovation, law librarians, legal aid, self-represented litigant , ABA Journal, Alabama, attorney, Discrete Task Representation, ethics, ghostwriting, Ghostwritten Pleadings, Kansas, lawyer, legal representation, limited scope representation

SRLs – A Start

For those of you interested in learning where to start to learn more about self-represented litigants in South Carolina, here’s my cheat sheet:

Resources

1.         Online

A.  South Carolina:

• http://www.sccourts.org/forms/indexSelfHelp.cfm – The South Carolina Courts official site for Self Help Resources.
• http://lawhelp.org/sc – South Carolina’s Guide to free legal services. LawHelp South Carolina is a project of South Carolina Legal Services and the Legal Services Corporation.
• http://www.scb.uscourts.gov/prose_before.html – The United States Bankruptcy Court District of South Carolina offers information to those filing without an attorney, including a video Bankruptcy Basics Video Presentation for Pro Se Filers.

B.  National:

• http://www.selfhelpsupport.org/ – Members include judges, clerks, court staff, legal aid advocates, bar association representatives, law school faculty, researchers, and others who work to increase access to justice.
• http://www.srln.org/ – The Self-Represented Litigation Network brings together courts and access to justice organizations in support of innovations in services for the self represented
• http://devlegacy.ncsc.org/WC/CourTopics/ResourceGuide.asp?topic=ProSe – The National Center for State Courts’ Self-Representation Resource Guide.
• http://www.ajs.org/prose/home.asp – The American Judicature Society’s Pro Se Forum.
• http://www.lri.lsc.gov/prose/prose.asp – The Pro Se Section of the Legal Services Corporation Resource Library focuses on practices to help legal services programs empower low-income clients to help themselves through pro se advocacy.
• http://www.abanet.org/legalservices/delivery/delunbund.html – The American Bar Association’s Pro Se/Unbundling Resource Center. This site has been developed as a project of the ABA Standing Committee on the Delivery of Legal Services. It is designed as a resource to help lawyers, bar leaders, the judiciary, court administrators, scholars and the media better understand and critically analyze the issues involved in self-representation and unbundled legal services.

C.  Other States:

• http://www.courtinfo.ca.gov/selfhelp/ – The California Courts Online Self-Help Center which helps self-represented litigants find assistance and information, work better with an attorney, and represent themselves in some legal matters.
• http://www.legalhotlines.org/ – AARP’s Florida senior Legal Helpline Honored by State Coalition.

2.         Attachments

• http://www.aallnet.org/products/HowToResearchLegalProblem.pdf – How to Research a Legal Problem: A Guide for Non-Lawyers published by the American Association of Law Libraries.

I’m sure there will be more to come, but this should give you a start!

And many thanks to probono.net for supporting many of these platforms.

-RFW

Filed under: 1, Court, Law, Law Related Education, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar Foundation, South Carolina Court Administration, South Carolina Courts, South Carolina Legal Services, South Carolina Supreme Court, access to justice, access to justice blog, attorney, blog, court innovation, indigent, law librarians, legal aid, poverty, pro bono, public interest attorney, self-represented litigant , AALL, ABA, American Association of Law Libraries, lawhelp.org/sc, pro se, sc courts, Self-Help Resources, self-represented litigants, SRLs, The American Bar Association's Pro Se/Unbundling Resource Center, The American Judicature Society's Pro Se Forum, The Nation Center for State Courts' Self-Representation Resource Guide, The Pro Se Section of the Legal Services Corporation Resource Library, www.sccourts.org, www.selfhelpsupport.org, www.srln.org

Dear New SC Bar Admittees, (11/16/09)

November 16, 2009

Dear New SC Bar Admittees,

Welcome to the Profession! And congratulations, you are now officially an attorney.

And here are my “starting out” tips:

• When you are in your next meeting and someone notes that the particular issue sounds like it may have legal ramifications and then they say, “well, let’s ask the attorney:” that’s NOT the time to look around the room for the attorney. That’s YOU! (true story)
• When a distant family member calls to ask you for an opinion about something that doesn’t exactly appear to have a basis in law, beware. More than likely they are looking for free legal advice. (again, based on actual incidents – note plural)
• When someone asks you to do something that doesn’t “feel” right, take a moment to analyze what it is they’re asking. And if you still don’t “feel” good about it, DON’T DO IT.
• Attend Ethics CLEs and take good notes. Then apply your notes to your practice. There’s a reason that we’re required to have Ethics CLE credits in addition to our regular CLE credit.
• Read the Lawyer’s OATH. Now reread it. (see below for the Oath) Note that it is an oath, meaning that you have sworn/affirmed to uphold the charges within.
• Follow the principles outlined in the Lawyer’s Oath.
• In addition to the mentor you will receive via the Mentor Program, keep in touch with people you admire and seek them out for advice and company every now and then.
• Network, for many reasons: (1) to stay in touch with colleagues, (2) to meet potential clients, (3) for job opportunities, (4) to keep abreast of change in your community and within the legal profession, and (5) for your health.
• Don’t be afraid to ask for help. The SC Bar has many resources available to attorneys including Practice Management Assistance, Ethics’ Advisory Opinions, and Lawyers Helping Lawyers to name a few. If you need help, get it before you receive a letter from the Office of Disciplinary Counsel.
• Participate in Pro Bono. There are many ways to participate through your firm’s program, county bar programs or via the SC Bar’s Pro Bono Program.
• Take your role seriously, but have a good time. You are an officer of the court. You are a leader, whether you think so or not. People will look to you for guidance, especially when times are tough. Maintain your professional demeanor, but keep your humanity.
• Remember, you’re not alone. There are thousands of attorneys still licensed to practice in this state. I’ve not yet met one who isn’t willing to give advice to or befriend a starting attorney. Even if you don’t “know” us, contact us. It could be the start of a lifelong friendship.

Best,

Robin

Lawyer’s Oath

I do solemnly swear (or affirm) that:

I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge those duties and will preserve, protect and defend the Constitution of this State and of the United States;

I will maintain the respect and courtesy due to courts of justice, judicial officers, and those who assist them;

To my clients, I pledge faithfulness, competence, diligence, good judgment and prompt communication;

To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications;

I will not pursue or maintain any suit or proceeding which appears to me to be unjust nor maintain any defenses except those I believe to be honestly debatable under the law of the land, but this obligation shall not prevent me from defending a person charged with a crime;

I will employ for the purpose of maintaining the causes confided to me only such means as are consistent with trust and honor and the principles of professionalism, and will never seek to mislead an opposing party, the judge or jury by a false statement of fact or law;

I will respect and preserve inviolate the confidences of my clients, and will accept no compensation in connection with a client’s business except from the client or with the client’s knowledge and approval;

I will maintain the dignity of the legal system and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

I will assist the defenseless or oppressed by ensuring that justice is available to all citizens and will not delay any person’s cause for profit or malice;

[So help me God.]

Filed under: 1, Court, IOLTA, Law, Legal, Right to Counsel, Rule of Law, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Pro Bono Program, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, blog, pro bono, public interest attorney , CLE Credit, Ethics CLE, Ethics' Advisory Opinions, Lawyer's Oath, Lawyers Helping Lawyers, Leader, Mentor Program, Office of Disciplinary Counsel, Practice Management Assistance, SC Attorneys, SC Bar Admittees, South Carolina Bar

The GOOD Lawyer

Imagine this scenario:

Child is removed by SC DSS from a single parent home due to allegations of child abuse or neglect.  Single parent, a mother, is working, but making very little and falling well within the federal poverty guidelines.

Child is assigned an attorney Guardian ad Litem (GAL) to represent the child in court. The GAL, whether attorney, SC Volunteer GAL Program or Richland County CASA volunteer, looks out for the child’s best interest.

Mother cannot afford an attorney.

At the first SC DSS hearing, Mother asks the court to provide her with an attorney. The attorney GAL walks with Mother to the Clerk of Court’s office to help her fill out paperwork to apply for a court-appointed attorney. The clerk asks Mother for the $40 fee to accompany the application. Mother does not have $40 to pay the fee. Mother does not have $20 to pay the fee. The attorney GAL asks if the clerk can make an exception and waive the fee. The clerk refuses to waive the fee. Mother has no attorney.

The attorney GAL is concerned. She is aware that Mother cannot afford an attorney, and that this is a serious legal issue; one in which there is potential for Mother to lose custody of her child. And Mother is unrepresented.

Do you think this is FAIR? Do you think this is JUSTICE?

What if I tell you that this scenario is real? Does that change your mind?

Well, it is based on a similar real-life situation.

Fact Recap: Child taken from single parent – Mother – based on allegation of abuse and neglect. Mother works, but does not make a lot of money. Mother shows in court unrepresented. Mother tries to get attorney appointed WITH assistance from attorney representing her child. The Mother is still not able to get an attorney to represent her because she CANNOT pay $40 filing fee and is unable to get a waiver.

What happens next?

Attorney representing Mother followed up. She contacted several people, none of whom were judges, to see if anything could be done to waive the fee. She was given a contact name and followed up. Mother will be receiving a court appointed attorney.

Does this mean Mother will prevail?

Not sure. It will depend on the facts of the case and adherence to any treatment plans or court orders.

Does it mean that the GAL thinks the child should have stayed in the home?

I don’t know. Honestly I didn’t ask the question. Either way though, the Mother is in the midst of a crisis. Her child has been removed from her home. It’s likely that she is (choose one:) distraught/embarrassed/angry/other emotion . As I’ve noted on numerous occasions, when emotions are high, it sometimes takes away our ability to reason or rationally make an argument or listen to court proceedings. An attorney provides a buffer for the emotional client, and makes the proceedings more well-reasoned.

So? Why are you bringing up this issue?

Because I so often hear that attorneys are just *blankety-blank bottom-feeders* AND I know better. And this is a perfect example of that. This attorney went beyond her ethical duty to ensure that the Mother in a case receives legal assistance.

Unfortunately I won’t give more details or name the attorney because this is an on-going case and I don’t want to identify anyone or give away confidences. Suffice it to say that this attorney will hold a dear place in my heart.

Thank you anonymous attorney!

-RFW

Filed under: 1, Court, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, access to justice, access to justice blog, advocacy, attorney, blog, children, court innovation, indigent, poverty, poverty guidelines, pro bono, public interest attorney, self-represented litigant , abuse and neglect, attorney appointments, Attorneys, CASA, child protection, Civil Gideon, court-appointed attorney, GAL, Guardian ad Litem, Richland County CASA, Rule 608 attorneys, SC DSS, SC GAL, The Good Lawyer

October Wrap-Up SC Supreme Court News

Last month there was a lot of excitement at the South Carolina Supreme Court.

• For those interested in state politics, we had an ethics probe case, with video.
• For those of us in the legal profession, results from the July Bar Exam were published.
• For those interested in research and accessibility, we saw the re-opening of the Supreme Court Library.
• And for those of us interested in Court innovations and access to justice, we saw the establishment of a new Task Force – TASK FORCE ON STATE COURTS AND THE ELDERLY.

If you have a moment, take a look at these news items. Each offers perspective into the work of the Court and its endeavor to serve access to justice.

-RFW

Filed under: 1, Charleston School of Law, Court, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, blog, court innovation, elderly, law librarians, law students, public interest attorney , South Carolina Supreme Court, Legal Profession, October Wrap, Supreme Court of South Carolina, Ethics Probe Case, SC Politics, State Politics, July Bar Exam, Supreme Court Library, Task Force, Task Force on State Courts and the Elderly, Geriatric, Guardian, Guardian ad Litem

Introducing 3L Tiffany D. Gibson, Pro Bono Law Clerk

GUEST POST by Tiffany D. Gibson

I was raised in a low socioeconomic background.   Both of my parents are on Social Security Disability.  My mother has been on SSD since I was in the 5th grade.  My father has been on SSD since I was in the 12th grade.   Our family has struggled even more since both of my parents are on disability.   Getting through paying bills from month to month is a blessing for the household.  Moreover, my parents have only a high school education, and the rural Pee Dee region of South Carolina is what they know.   I have seen my parents and members of the family have legal issues but not have access or the financial means to afford an attorney.   One of my uncles has had a long battle with trying to acquire Social Security Disability, but he has had to fight the system on his own and with no outside legal help.   I have seen my father in an extended involvement with probate issues of his deceased father’s estate, but he has not had an consistent legal help  or someone to just guide him on the  ins and outs of probate law with regards to his inheritance.   From  a few of my family experiences, I realize firsthand how crucial pro bono is to providing access  to justice for those who are unable to or who just do not know how to go about exercising their rights to justice.

As a law student, it is so easy to get caught up in the chaos of assignments, papers, job searches, jobs, organizations, and social life.  Involvement in pro bono is the priceless opportunity that gives you that necessary outlet.  It opens your eyes and helps you to realize that it is not about you and your personal goals.  It is about my community and what I can do to service my community as a present law student and in future practice of law.  Involvement with Pro Bono helps you to become more well-rounded and improves your ability to work with and interact with all degrees of life from different socioeconomic, race, and ethnic backgrounds.

A good percentage of the population of my law school comes from privileged or comfortable middle-class backgrounds.   A lot of these students come to law school very much oblivious to the extent of the critical need for pro bono service within our community.  Involvement in Pro Bono is needed to make them understand just how much the  community needs their service.

I have talked to a few friends at Charleston Law, and they informed me that a certain amount of pro bono hours are required for every law student.   At University of South Carolina, we do not require pro bono hours.   I believe that a pro bono requirement would be a great investment for the law school and the community that we service.  This will get the students out into the community who would not get involved on their own otherwise.   The requirement would also plant seeds into the law students –seeds that would hopefully grow and continued to be nourished when they are out in practice.

Filed under: 1, Charleston School of Law, Court, Law, Legal, Legal Documents, Legalese, South Carolina, South Carolina Access to Justice Commission, USC School of Law, access to justice, access to justice blog, advocacy, attorney, blog, indigent, law students, legal aid, poverty, pro bono, public interest attorney , 3L, Charleston School of Law, Pro Bono Law Clerk, probate, Social Security Disability, South Carolina, Tiffany D. Gibson, University of South Carolina School of Law

No paper towels, only legal paper

This may seem like a strange title for a post, but recently I received an email from South Carolina Court Administration indicating that Clerks of Court are having to reject pleadings at a higher rate due to an increase of non-conformance with Rule 10, SCRCP.

For new attorneys and self-represented litigants, it may be a good idea to review Rule 10 of the South Carolina Rules of Civil Procedure which governs Form of Pleadings.

Here is Section (a) of Rule 10. Please note the numbered arrows correspond with bracketed numbers in the text.

(a) Caption, Name of Parties. Every pleading shall contain a caption setting forth the name of the State [1] and County[1], the name of the Court[6], the title of the action[5], the file number [4]and a designation as in Rule 7(a). In the summons and complaint the title of the action shall include the names of all parties[2][3], but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

Note this entire portion is called the CAPTION.

Please note that there will not be a docket number [4] until the Clerk of Court assigns one. If you do not know your judicial circuit number, you can check the map here on the SC Courts’ website.

Now, let’s skip down to Section (d):

(d) Manner of Preparing Papers. Pleadings and other papers shall be on legal cap paper, eight and one-half by eleven inches in size. They shall be plainly written with adequate spacing between lines or typewritten with not less than one and one-half spacing between lines. Each page shall be numbered consecutively and pages shall be fastened at the top so as to read continuously. Papers in handwriting or typewriting must have a blank margin of an inch and one-half on the left. Plats, photographs, diagrams, documents, and other paper exhibits or copies thereof may be submitted in their actual size; but should be reduced if practicable to eight and one-half by eleven inches if such reduction does not impair legibility and clarity.

What’s of interest here is that even though it clearly states that PLEADINGS AND OTHER PAPERS SHALL BE ON LEGAL CAP PAPER (8 1/2 x 11), the Courts have been receiving pleadings written on paper towels, napkins and even envelopes. And according to Section (e), the Clerks can refuse to file pleadings or papers that are not prepared according to this rule.

Skip down to Section (e):

(e) Filing Refused. The clerk of the court shall not file any pleadings or other papers not prepared in accordance with this rule; except plats, photographs, diagrams, documents, and other paper exhibits as provided in paragraph 10(c).

Please read through the rules before filing documents and make sure you’re in compliance with the rules. If not, the result could be costly to litigants while slowing the efforts of judges to dispense justice.

And if you are a self-represented litigant and are not sure what to do, you may wish to consult an attorney to ensure that you are not giving up your legal rights.

-RFW

Filed under: 1, Court, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Readability, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, access to justice, access to justice blog, attorney, blog, law librarians, legal aid, poverty, self-represented litigant , self-represented litigants, court administration, clerks of court, www.sccourts.org, Rule 10 SCRCP, Rule 10 of the South Carolina Rules of Civil Procedure, Form of Pleadings, new attorneys, Caption, Name of Parties, preparing papers, paper towels, napkins, envelopes

Elkins Family Law Task Force Recommendations Open for Comment

On October 2, 2009, the Elkins Family Law Task Force released its draft recommendations for ways to improve access to justice in the California Family Court system.

The public comment period is October 1, 2009, through December 4, 2009.

The draft recommendations and an online comment form are available at www.courtinfo.ca.gov/jc/tflists/elkins.htm.

In addition, the task force will hold two public hearings to receive in-person comments on the draft recommendations. The public hearings will be held on Thursday, October 22 in San Francisco, and on Tuesday, October 27 in Los Angeles. For information and to sign up to participate in the public hearings, go to www.courtinfo.ca.gov/jc/tflists/elkins.htm.

To learn more about the Task Force, view the FACT SHEET.

It’s evident from the List of Topics (below) that the Task Force worked hard to review the entire system:

1. Right to Present Live Testimony at Hearings
2. Expanding Legal Representation and Providing a Continuum of Legal Services
3. Caseflow Management
4. Providing Clear Guidance Through Rules of Court
5. Children’s Voices
6. Domestic Violence
7. Enhancing Safety
8. Contested Child Custody
9. Minor’s Counsel
10. Scheduling of Trials and Long-Cause Hearings
11. Litigant Education
12. Expanding Services to Assist Litigants in Resolving Their Cases
13. Streamlining Family Law Forms and Procedures
14. Enhancing Mechanisms to Handle Perjury
15. Standardize Default and Uncontested Process Statewide
16. Interpreters
17. Public Information and Outreach
18. Judicial Branch Education
19. Family Law Research Agenda
20. Court Facilities
21. Leadership, Accountability, and Resources

The SC Access to Justice Commission will continue to follow the project and update you as it develops.

-RFW

Filed under: 1, Civil Gideon, Court, LEP, Law, Legal, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, Right to Counsel, Rule of Law, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, children, court innovation, divorce, domestic violence, elderly, foster parents, indigent, law librarians, law students, legal aid, poverty, poverty guidelines, public interest attorney, self-represented litigant , California Courts, California Family Court system, Draft Recommendations, Elkins Family Law Task Force, Public Comment, public hearings

South Carolina’s #1 Crime: Domestic Violence

This morning while reading an article about Domestic Violence in The State newspaper, I became a little choked up. Why this article this morning? I don’t know for certain.

It could be because I’ve been focusing on Domestic Violence this month a little more than usual. Sure I’ve noted Domestic Violence Awareness Month each year, but this year, I’ve received information about DV while also searching for statistics as well as stories.

I don’t have to go too far to find someone I know. Even in high school one of my best friends confided in me that her boyfriend liked to hurt her. I advised her then to stop seeing him. It took a few more times of him “hurting” her before she finally did.

Then in my late twenties, one of my dear friends moved out of town to be with her “dreamy” boyfriend. Through the grapevine I heard that she was being abused. I called her up at work and asked if this was true. She didn’t want to talk about it. That was ok, I didn’t give up. Eventually I went to visit her, and meet him. At first glance, he seemed dashing and quite charming. I could see the attraction. Later though when we “girls” stayed up late chatting into the wee hours, I learned the truth. It didn’t take long for us to come up with a plan to move her back home – while he was away.

And then there’s the pro bono work I did in law school. A friend and I volunteered with the USC School of Law’s Pro Bono Program to assist the grant-sponsored Sistercare legal advocacy program. Our role was limited – we, advocate/law students, couldn’t represent the victims in court, but we could meet with them, complete the questionnaire with them, hand them tissues, hold their hands and hug them. They told us that they appreciated our help.

And one time, the attorney supervisor had another engagement and wasn’t able to appear with one of the victims. The victim, a mild-mannered woman who had been married 30+ years to the man, wasn’t able to afford an attorney. And she had nobody else to go with her into the courtroom. The volunteers were not allowed to represent the victims but were allowed to accompany them into the courtroom.

So I went. I was a little nervous. A little scared. After all, the husband was there. And so was his attorney. And then I had my “aha” moment (as Oprah calls them) - if I was nervous, how did the victim feel?

When the judge asked everyone to identify ourselves, I noted that I was the advocate and unable to represent the woman next to me. The judge allowed me to stay.

The hearing took about 15 minutes. It was evident that the woman didn’t know how to defend her claim. And I was just there to offer her a friendly hand.

After the hearing we went into the hall, where it was TENSE. The woman and I spoke on one side of the hall. The husband and his attorney spoke on the other side. I remember her telling me “I have to go back. He has all the money. I haven’t worked in 30+ years. He said it will be ok.”

I watched as she left me and walked over to her much taller, larger husband. They embraced. I felt alone and demoralized. I don’t know what she felt.

Every now and then I think about her. Is she ok? I’ll probably never know.

-RFW

Filed under: 1, Court, Law, Legal, Legal Clinic, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, USC School of Law, access to justice, access to justice blog, advocacy, attorney, blog, divorce, domestic violence, indigent, law students, poverty, pro bono, public interest attorney , Aha Moment, cdv, domestic violence, domestic violence awareness month, Oprah, Oprah Winfrey, SisterCare, South Carolina's #1 Crime, The State newspaper, USC School of Law, USC School of Law Pro Bono Program

LEP Case in Maryland

FOR IMMEDIATE RELEASE
Monday, October 5, 2009

FOR MORE INFORMATION, CONTACT:
Aeda Chung, Marketing Coordinator
202.393.3572 x 32; aeda.chung@apalrc.org
Nadia Firozvi, Staff Attorney
202.393.3572 x 23; nadia.firozvi@apalrc.org

Maryland Court of Appeals to Hear Oral Arguments Concerning Legal Rights of Limited English Proficient Litigants

(Annapolis, Maryland)  The highest state court of Maryland will hear oral arguments on Tuesday, October 6, 2009, concerning the legal rights of limited English proficient litigants.  The Asian Pacific American Legal Resource Center (Center), joined by CASA de Maryland and the Maryland Legal Aid Bureau, filed a friend-of-the-court brief in support of Ms. Nonceeya, a Thai speaking and limited English proficient immigrant, in the matter of Nonceeya v. Lone Star Steakhouse.  The Public Justice Center is acting as co-counsel in this appeal.The Center’s brief provided the necessary contextual information about the limited English proficient community and the Maryland judiciary’s responsibilities under the law as language barriers continue to prevent limited English proficient (LEP) litigants from accessing courts.

Ms. Nonceeya had worked at Lone Star Steakhouse for just over two years and filed a national-origin employment discrimination complaint against Lone Star’s managers and staff.  She filed this complaint in the Montgomery County Circuit Court against her former employer without the assistance of an attorney, and requested the assistance of an interpreter at all court proceedings, which was granted by the Circuit Court. Lone Star Steakhouse, however, failed to provide an interpreter during a deposition that lasted for three days in English. The deposition later served as a basis for the Circuit Court’s decision as the court granted Lone Star’s motion for summary judgment.

The Center urges the Court of Appeals to ensure access to justice for all Maryland residents, regardless of language ability.  The Center’s experience with advancing the legal and civil rights of hundreds of limited English proficient Asian immigrants underscores the need to provide interpretation in court proceedings.

The Asian Pacific American Legal Resource Center is the Capital Region’s nonprofit advocate advancing the legal and civil rights of Asian Pacific Americans through direct services, education, and advocacy.

The Asian Pacific American Legal Resource Center
D.C. Office      1600 K Street, NW, Mezzanine Level, Washington, D.C. 20006
♦ Helpline:  202.393.3572                     Fax: 202.393.0995

Main: Ext. 22
Chinese: Ext. 18
Hindi/Urdu: Ext. 19
Vietnamese: Ext. 20
Korean: Ext. 21

Maryland Office 11141 Georgia Avenue, Suite 215, Silver Spring, MD 20902

♦ Phone: 301.942.2223

APALRC: Ensuring Access to Justice for Asian Pacific Americans Since 1998
www.apalrc.org

Many Thanks to Claudia Johnson for pointing us to this!
-RFW

Filed under: 1, Court, LEP, Law, Legal, Legal Documents, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, access to justice, access to justice blog, attorney, blog , Aeda Chung, APALRC, Asian Pacific American Legal Resource Center, CASA de Maryland, LEP, Lone Star Steakhouse, Maryland, Maryland Legal Aid Bureau, Montgomery County Circuit Court, Ms. Nonceeya, Public Justice Center, www.apalrc.org