SC Access To Justice Weblog

Exploring ways to expand and enhance legal services to South Carolinians with low income or of modest means

Thanks SCLS!

Earlier this month I was invited to attend the South Carolina Legal Services (SCLS) Annual Conference in Myrtle Beach.  And it’s hard for me to express the feelings I had. Everyone was welcoming to me and I had a great time. Even better, I came away with a better understanding of what SCLS does and the dedication their staff has to their job. In fact, I dare say that many SCLS attorneys and support staff believe that their work is a calling. I was glad to be a part of SCLS for 3 days!

And I’m thankful for the work they do including:

  1. To keep people in their homes;
  2. To make sure people are able to access benefits;
  3. To help people out of unsafe living conditions; and
  4. To let people know that they are not alone in the civil legal system.

Below are some photos from the Conference: (I wish I had more to share, but most shots were under- or over-exposed)

Opening Dinner 11/10/09

George Cauthen, SCATJ Commissioner and SCLS Board Member

Getting to Know Staff Begins

Singing

Singing with guitar accompaniment

Poetry

Flute Solo

The Fashion Show Begins

Models

More Fashion

Like New York Fashion Week

Fierce

Making it work (a la Tim Gunn)

Let the Votes Begin

More Fashion Votes

Door Prize

Agenda

Consumer Law

More Consumer Law Issues

Attentive Students

Continuing Legal Education

The Knowledgeable Panel

Truth in Lending Act

Willard N. Timm, Jr., Assistant Director, Tax Clinic, Georgia State University

Jada Charley introduces Steve Cook to speak re: Assistive Technology

Again, many thanks SCLS!

-RFW

Filed under: 1, Law, Legal, Legal Clinic, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, disability, domestic violence, foreclosure, homeless, housing, hunger, indigent, legal aid, poverty, poverty guidelines, public interest attorney , , , , , , , , , , , , , , , , , , , , ,

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 22nd; 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 , , , , , , , , ,

Remember my name

CIMG5007

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 , , , , ,

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 , , , , , ,

South Carolina’s #1 Crime: Domestic Violence

Purple Ribbon Dom Viol

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 , , , , , , , , , , ,

October: Domestic Violence Awareness Month

Ribbon-Dom ViolIn 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:

Additional resources in South Carolina:

-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 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

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 , , , , , , , , , , , , ,

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 , , , , , , , , , , , , , ,

8.24.09 Ask-A-Lawyer: Nosy’s Report

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

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

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

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

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 , ,

Resource Friday/Pro Bono: National Domestic Violence Pro Bono Directory

Domestic Violence happens.

Resource Friday

Resource Friday

Unfortunately Domestic Violence happens in South Carolina and throughout the nation.

The American Bar Association (ABA) recognized that the prevalence of domestic violence in the United States and recently debuted the NATIONAL DOMESTIC VIOLENCE PRO BONO DIRECTORY.

viernes de recursos

viernes de recursos

Para información en español: https://www.abanet.org/publiced/practical/sp_domviol.html.

Good Job ABA!

-RFW

Filed under: 1, ABA Litigation Section, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Limited English Proficiency, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, domestic violence, legal aid, pro bono, public interest attorney , , , , , , , , , , ,

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