Domestic Violence Awareness Month – Richland County Bar Helps!

Thanks to Guest Blogger Elizabeth Cook! And my apologies for not uploading earlier.

The Richland County Bar Association is hosting a fundraiser on October 22, during Domestic Violence Awareness Month, to raise money for Sistercare, a local organization that provides services for battered women and their children—and we need your help!  Please join us for a shrimp boil and silent auction to benefit Sistercare on Thursday, October 22, 2009, at 6:00 at the University House.  We’re going to have a great time enjoying a delicious shrimp boil and fried chicken with fixin’s from Seawell’s, the traditional Bluegrass music of The Carolina Rebels, door prizes, and bidding on an array of auction items.

Please take the time to view this brief video to learn about victim services in South Carolina, Sistercare and how your support can help them provide much-needed legal services to battered women in the midlands.

Sistercare has lost a significant portion of its grant funding, like so many other service organizations during the recent economic downturn.  This loss of funding is directly impacting Sistercare’s ability to provide legal services and support to the women it serves.  Your tax-deductible contribution will be used to supplement Sistercare’s budget for legal work, allowing Sistercare’s attorneys and court advocates to better represent the interests of its clients.  Sistercare is dependent on donations from individuals and groups to survive right now—please consider donating to this worthy cause.

For more information about Sistercare, visit www.sistercare.com .  For more information about the shrimp boil and to make a reservation or donation, contact the Richland County Bar at 771-9801 or mail your check to Richland County Bar, PO Box 7632, Columbia, South Carolina 29202.  Thank you in advance for supporting the indispensable services provided by Sistercare.  We look forward to seeing you on October 22^nd; your donation will truly make a difference!

 

PS – Spoke with Elizabeth Cook. They raised $3,000 for Sistercare with this fundraiser.

Filed under: 1, Law, Legal, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, divorce, domestic violence, housing, indigent, legal aid, poverty, pro bono, public interest attorney , Richland County Bar Association, domestic violence awareness month, SisterCare, The State, University House, Seawell's, Nancy Barton, Larry Barker, The Carolina Rebels

Remember my name

October is DOMESTIC VIOLENCE AWARENESS MONTH!

If you haven’t already seen this site, please take a few minutes to check out the National Coalition Against Domestic Violence (NCADV) website.

Their Remember My Name project has a scrolling list of names of people – men, women and children – who have lost their lives to domestic violence.

Sadly, names continue to be added daily.

-rfw

Filed under: 1, Law, Legal, Right to Counsel, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, children, divorce, domestic violence, public interest attorney , domestic violence awareness month, National Coalition Against Domestic Violence, Remember my name, October, NCADV

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

October: Domestic Violence Awareness Month

In case you haven’t heard, October is DOMESTIC VIOLENCE AWARENESS MONTH.

Show your support of victims of Domestic Violence but wearing a purple ribbon.

Additionally, if you are or know someone who is a victim of domestic violence and needs assistance, even beginning to figure out where to start, here are 2 national resources:

• The National Domestic Violence Hotline at 1.800.799.SAFE (7233) 1.800.787.3224 (TTY) (en la Línea Nacional sobre la Violencia Doméstica al 1-800-799-SAFE (7233) o al 1-800-787-3224 para sordos
• The National Domestic Violence Pro Bono Program Directory

Additional resources in South Carolina:

• South Carolina Coalition Against Domestic Violence And Sexual Assault
• The South Carolina Attorney General’s Initiative Against Criminal Domestic Violence
• CASA/Family Systems (Hotline 1-800-298-7228)
  
• Citizens Against Spouse Abuse
• Citizens Opposed to Domestic Abuse
• Cumbee Center to Assist Abused Persons
• Family Resource Center (Hotline 1-800-585-4455)
  
• Foothills Alliance
• Greenville Rape Crisis and Child Abuse Center (Hotline 864-467-3633)
  
• Hope Haven of the Lowcountry: Children’s Advocacy and Rape Crisis Center (Hotline1-800-637-7273)
• Laurens County Safe Home
• Meg’s House (Hotline 1-800-447-7992)
• My Sister’s House
• Palmetto Citizens Against Sexual Assault (Hotline 1-888-790-8532)
• Pee Dee Coalition Against Domestic and Sexual Assault
• People Against Rape
• Rape Crisis Center
• Rape Crisis Council of Pickens County (Hotline1-800-302-9719)
• Safe Harbor
• SAFE Homes – Rape Crisis Coalition
• Safe Passage Inc.
• Sexual Trauma and Counseling Center
• Sexual Trauma Services of the Midlands
• Sistercare
• YWCA of the Upper Lowlands (Hotline 803-775-2763)

-RFW

Filed under: 1, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, children, divorce, domestic violence, indigent, pro bono, public interest attorney , CASA/Family Systems, Citizens Against Spouse Abuse, Citizens Opposed to Domestic Abuse, CODA, Cumbee Center to Assist Abused Persons, domestic violence awareness month, Family Resource Center, Foothills Alliance, Greenville Rape Crisis and Child Abuse Center, Hope Haven of the Lowcountry: Children's Advocacy and Rape Crisis Center, la Linea Nacional sobre la Violencia Domestica, Laurens County Safe Home, Meg's House, My Sister's House, Palmetto Citizens Against Sexual Assault, Pee Dee Coalition Against Domestic and Sexual Assault, People Against Rape, Rape Crisis Center, Rape Crisis Council of Pickens County, Safe Harbor, SAFE Homes - Rape Crisis Coalition, Safe Passage Inc., SC Attorney General's Initiative Against Criminal Domestic Violence, SCCADVASA, Sexual Trauma and Counseling Center, Sexual Trauma Services of the Midlands, SisterCare, South Carolina Coalition Against Domestic Violence and Sexual Assault, The National Domestic Violence Hotline, The National Domestic Violence Pro Bono Program Directory, YWCA of the Upper Lowlands

PAI: A Great Way to Keep the Lights On

PAI – Private Attorney Involvement

If you are unfamiliar with PAI aka Private Attorney Involvement, a program that incorporates private attorneys into the legal services system of representation on a local basis, then please keep reading.

The following announcement appeared earlier today in the SC Bar’s E-Blast:

Attorneys needed for paid cases
South Carolina Legal Services is required by federal funding to hire private attorneys to take on cases. The rate is $65 per hour. Most of the cases are physical cruelty, divorce and bankruptcy. This is a great opportunity for young attorneys from Richland, Lexington, Sumter, Lee and Kershaw counties to get experience. Contact Brett L. Lamb at (803) 744-4167 or brettlamb@sclegal.org for more information.

This is a wonderful opportunity for new attorneys to gain experience and pay the bills.  If you are a young attorney striking out on your own, or a more experienced attorney looking for an opportunity to slow down your practice while remaining involved, please consider PAI. AND it has the added benefit of assisting people who otherwise would not be able to hire legal representation.

Thanks SC Bar for bringing this important program to light!

-RFW

Filed under: 1, Ask-A-Lawyer, Law, Legal, Right to Counsel, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, divorce, domestic violence, legal aid, poverty, public interest attorney , Brett L. Lamb, E-Blast, Kershaw, Lee, Lexington, PAI, Private Attorney Involvement, Richland, SC Bar, SC Legal Services, SCLS, South Carolina Legal Services, Sumter

Guess

What do Harvest Hope and SC foreclosures have in common?

If you guessed that South Carolina has seen a marked increase in foreclosures and requests for food have markedly increased, you win!

According to the Columbia Regional Business Report (CRBR):

South Carolina’s foreclosure rate from July to August 2009 was up 1.94%, reported national real estate tracking company RealtyTrac.com. That number is more than 78% higher than it was one year ago.

According to Harvest Hope:

In the first quarter of 2009, Harvest Hope experienced a 142%  increase in the number of families needing assistance.

Earlier today I attended a fundraiser luncheon for Harvest Hope. It made me focus on how the problems faced by so many living in poverty are faces of our neighbors, our friends, our loved ones.

The “featured” speaker at the luncheon was someone who had been working – two jobs. Two good, solid jobs. Then she got ill. Which started the medical bills and absence from work. Which caused her to lose her jobs. Both jobs. The bills kept coming. When it came to paying bills, she used her money for medical bills and medication. Then she lost her home. She stopped eating so much. That made her sicker. Then she found Harvest Hope.

She was able to eat.

The doctors are still trying to figure out what is “wrong” with her. In the meantime, she can eat. Without Harvest Hope and the necessary nutrition it provides, she would be even more sick.

While these societal problems may not be legal, I guarantee that the Legal Aid Telephone Intake Service (LATIS) has been referring people to Harvest Hope.

And once people have nutrition and can think about something other than an empty belly, then they may call LATIS for assistance with a problem with their Landlord. Or maybe for help with their Medicaid benefits. Or help with a way to escape their abusive spouse.

-RFW

Filed under: 1, AIDS/HIV, Ask-A-Lawyer, Health Care, Law, Legal, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, disability, divorce, domestic violence, elderly, employment, foreclosure, homeless, housing, hunger, indigent, people with disabilities, poverty, poverty guidelines, public interest attorney, subprime mortgage crisis , abusive spouse, Columbia Business Regional Report, foreclosure, Harvest Hope, hungry, Landlord, Landlord/Tenant, LATIS, Legal Aid Telephone Intake Service, Medicaid benefits, poverty, RealtyTrac.com, South Carolina, Tenant

8.24.09 Ask-A-Lawyer: Nosy’s Report

8/24/09 Ask-A-Lawyer Call Center at WLTX

On Monday Night, WLTX became ground zero for ASK-A-LAWYER. We arrived in time to start and learned that the calls had started as early as 4:30 p.m. Once we were shown our call-center, we started answering phones “Ask-A-Lawyer, how may I help you?” while our web counter-parts began their online-duty.

Jeff Goodwyn answers questions at WLTX Ask-A-Lawyer

The 6 on-camera attorneys were Cynthia A. Coker, T. Jeff Goodwyn, Edna Primus, Jennifer W. Rubin, Tana Vanderbilt and Robin F. Wheeler.

Cindy Coker, SC Bar Public Services Director

The phones were ringing non-stop. WLTX graciously provided us with water and chocolate; both of which were appreciated. Darci Strickland and Andrea Mock interviewed us during the session and helped us maintain our energy with their enthusiasm. And at the end of the evening, JR Berry dropped by to thank us for our hard work.

Edna Primus and Tana Vanderbilt field questions

Caller Origin:

• 18 of my 30 calls originated from Richland County;
• 1 from Fairfield;
• 1 from Florence;
• 1 from Greenwood;
• 2 from Kershaw;
• 3 from Lexington;
• 3 from Orangeburg; and
• 1 from Sumter.

Mind you, I had 30 calls total in a 2 1/2 hour span and I even took a moment off the phones for an interview.

Caller Issues:

• 6 questions about Divorce/Alimony
• 5 Child Support/Child Custody and Visitation/Adoption
• 4 Consumer Law including Bankruptcy
• 3 Wills and Estates
• 2 Employment
• 2 Medical Malpractice/Health Care
• 1 Social Security
• 1 Landlord/Tenant
• 1 Homeowners Associations
• 1 Immigration
• 1 Traffic Laws
• 1 question about Taxes; and
• 2 non-legal questions.

Ask-A-Lawyer also included the “web-chat” piece. Three attorneys (Peter M. Balthazor, K. Cameron Currie, and Jennifer L. Locklier) fielded web questions during the same time.

All in all, it was a busy time, but I enjoyed every caller and hope that they felt that they had received a worthy service from us. I will DEFINITELY do this again.

Thanks to SC Bar staff Deborah Morris who coordinates the event, Joey Heape who insures that the web equipment functioned properly, and Elizabeth Martin who popped in for a few photos.

And special thanks to our host station, WLTX. You helped us make this a success!

-NOSY WHEELER

LATE PS – I wish I had asked the name of the camera operator at our station because he was an absolute delight. When he saw us running out of water, he brought the new bottle to us. Thank you Camera Operator!

Filed under: 1, Ask-A-Lawyer, Court, HHS, Health Care, Immigration, Law, Legal, Right to Counsel, Rule of Law, SC Bar, SSDI, SSI, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, children, divorce, domestic violence, employment, foreclosure, housing, indigent, labor, pro bono, public interest attorney, self-represented litigant, state employment security commission, subprime mortgage crisis, veterans , WLTX, SC Bar Ask-A-Lawyer

M-States & SRLs: Montana & Massachusetts

DIY by any other name

In Massachusetts they call it Limited Assisted Representation or LAR.

In Montana they call it DIY Legal Assistance.

I call it good job.

From early on at the SC Access to Justice Commission, I’ve been exposed to pros and cons of having people represent themselves in court. For the most part both sides have presented thoughtful, articulate and well-reasoned arguments for their side.  And both sides have their share of passion; both positive and negative.

Some Commissioners and I have been accused of trying to take away business from hard-working attorneys because the Commission is working on self-represented initiatives.

On the other hand, the Commission received information during the public hearings that many people were already representing themselves – without success.

Regardless of which side you favor, the reality is that more people are showing up in court without legal representation.

For many, it’s because they simply cannot afford to hire an attorney or they cannot find an attorney willing to represent them.

For others, it’s simply their choice – for reasons unknown. 

• Maybe they can afford an attorney but prefer to spend the money on a vacation or a new pair of shoes.
• Maybe they believe they are as smart as any attorney, so why should they pay.
• Maybe they had a prior bad experience when they hired an attorney and want to avoid that at all costs.
• Maybe the issue is straightforward and they can represent themselves.
• Maybe their neighbor told them that they had a positive SRL experience.

We may never know why.

But we can prepare our court system.

• We can train judges and court personnel.
• We can set reasonable expectations.
• We can develop forms and videos to familiarize the public with the court system.
• We can ensure that new form development reflects PLAIN LANGUAGE principles.
• We can work with attorneys to develop innovative and affordable services as well as discuss effective ways to work with a self-represented litigant.

In the meantime, we can look at innovations and practice by other states. Other states such as Massachusetts and Montana.

-RFW

Filed under: 1, Court, IOLTA, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, court innovation, divorce, indigent, law librarians, law students, legal aid, poverty, public interest attorney, self-represented litigant , Montana, self-represented litigants, SRLs, SC access to justice commission, Unbundled Legal Services, Massachusetts, M States, Limited Assisted Representation, LAR, DIY Legal Assistance

SRLs: The Good, The Bad and The Reality

Writing about Self-Represented Litigants is not as easy as it appears.

Sure, I wholeheartedly believe that every U.S. citizen has a right to be heard in court. And sometimes there simply isn’t an attorney available or willing to represent everyone. So, the alternative is appearing by oneself, as a Self-Represented Litigant or pro se.

But my training and experience lead me to conclude even though each of us has a right to appear on our own, it isn’t always in our best interest.

Ideally every person would be entitled to representation by an attorney who is familiar with the specific area of law.

Attorneys are trained to review the facts, both subjectively, objectively and as they relate in law. Areas of law differ greatly but all attorneys are skilled in research and reviewing information. By hiring attorneys clients hire an objective fact reviewer as well as a reviewer of existing law and potentially policy-makers.

About this time, you’re thinking, why did she say this topic isn’t easy? Because as an attorney, I’m torn.

As with most legal issues, there are always shades of gray. Most of us view the world in black and white, right and wrong. As attorneys, our training (3 years of law school plus our practice and life experience) reveal the shades of gray. The pieces that may be right for the wrong reasons and wrong for the right reasons.

I recognize that with each legal form that is created, some people will forgo consulting with an attorney. These individuals will not receive the wisdom, many times in the form of questions, from the attorney. This will potentially leave them vulnerable.

Scenario 1: Someone married to someone with a pension MAY have rights to that pension. But they’re so unhappy in the marriage. They sign papers without consulting an attorney. Maybe they’re currently in good health with a good job. But, what happens if they are seriously injured in a car wreck and no longer able to work?

Scenario 2: Same as before except: What happens if they move forward with their lives, without tragedy? Simply pleased to have a failed marriage behind them.

Each U.S. citizen has a right to both scenarios. And it’s the second scenario that allows me to continue to advocate for resources to assist people who want to represent themselves.

But it isn’t always easy because the first scenario is always in the recesses of my mind.

Scenario 1 in the recesses of my mind

And I can do my best to ensure that at least the forms and resources provided to them is accurate and complete and not out there to take advantage of them.

-RFW

Fyi, for another perspective on Self-Represented Litigants, check out Rebecca Woodworth Brodie’s opinion piece entitled The Rationing of Justice: LAR, DIY attorneys and pro se.

Filed under: 1, Civil Gideon, Court, Law, Legal, Legal Documents, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Supreme Court, access to justice, access to justice blog, attorney, blog, constitution, court innovation, divorce, law students, self-represented litigant , self-represented litigants, Court, SRLs, U.S. citizen, pro se, shades of gray, black and white, right and wrong, legal form, Rebecca Woodworth Brodie, The Rationing of Justice: LAR DIY attorneys and pro se