SC Access To Justice Weblog

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

National Adoption Month by Guest Blogger Rita Roache

SCLS Annual Conference 2009 213

Rita Roache

November is designated as National Adoption Month, a time to recognize the benefits of adoption for families and children.

South Carolina Legal Services marks this observance through partnerships and community education. The law firm is available to represent clients in Adoption cases and also to provide education and conduct outreach.

If you would like a speaker for a community education event, please call Tene’ Staley at 843-266-2171. If you need representation, please call our Legal Aid Telephone Intake Service (LATIS) at 1-888-346-5592.

For more information, see http://lawhelp.org/SC/.

- Rita Roache

Rita Roache is a staff attorney and the Family Law Unit head of South Carolina Legal Services.

Filed under: 1, HHS, IOLTA, Law, Legal, Legal Clinic, 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, foster parents, indigent, legal aid, poverty, 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 , , , , , ,

April is National Child Abuse Prevention Month

Filed under: 1, President, South Carolina, access to justice, access to justice blog, advocacy, children, domestic violence, foster parents , , , , , , , , , , , , , , ,

Now for the NEWS

Earlier I listed some of the recent blog posts I enjoyed. Below are some recent newsworthy items from around the state, nation and world:

  1. Out of Knoxville TN: Public meeting to discuss increasing need of legal help for poor
  2. Out of Texas: Opinion Piece -  New OAG Service Helps Parents Address Visitation Concerns.
  3. Out of Vancouver, Canada: High fees that block access to the courts block access to justice.
  4. Out of Colorado: Justice for all – Salt Lake City attorney serves the homeless.
  5. Out of Oregon: Hard Times for Access to Justice – Economic Downturn is Beginning to Take its Toll in Oregon.
  6. Out of the UK: Judge rules CPS wrong to deny victim with mental illness right to fight for justice.
  7. Out of Minneapolis/St. Paul: Court of Appeals testing new mediation process.
  8. From NPR: Immigration Crackdown Overwhelms Judges.
  9. Out of Washington: AGs push for mortgage modifications.
  10. Out of West Virginia – State must submit plan to prevent juvenile racial injustice.
  11. Out of Tulsa, OK: A lawful dosage. A medical-legal partnership fills in some gaps in child health-care issues.
  12. Out of North Carolina: Legal Aid in demand and in a bind.
  13. Out of New Jersey: Agency that gives legal help to poor is in financial crisis.
  14. Out of Florida: Judge John Blue Receives 2009 Chief Justice’s Distinguished Judicial Service Award.
  15. Out of Massachusetts: President of One Laptop Per Child to speak Feb. 10.  (yes this is past, but it’s still worth reading)
  16. From Berkeley: Bringing it all back home – In her new job, Wilda White pursues a lifelong passion for social justice.
  17. Out of Massachussets: Legal services needed for immigrants in Milford.
  18. Also from Massachussetts: Letter From The President Of The Boston Bar Association.
  19. Out of Mississippi: Miss. legal aid grows scarce as economy gets worse – Unlike in the criminal justice system, indigent in civil cases aren’t guaranteed an attorney.
  20. Out of England: Let’s not be too misty eyed about legal aid, but it is at a crossroads.
  21. From Chattanooga: 6 Chattanooga Law Firms Commit To Greater Legal Service For The Poor.
  22. Out of Florida: Judge calls on Lawyers – Supreme Court judge would like to see equal justice.

Oh, there’s more, but I have to stop somewhere.

Besides, this list is just in case you have a few moments . . .

-RFW

Filed under: 1, Civil Gideon, Court, DOJ, Department of Justice, Health Care, IOLTA, Law, Legal, Right to Counsel, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, court innovation, divorce, domestic violence, foreclosure, foster parents, homeless, hunger, indigent, legal aid, poverty, pro bono, public interest attorney, subprime mortgage crisis , , , , , , , , , , , , , , , , , , , , ,

NY Times Editorial Just as Relevant in South Carolina

New York City?

overlooking-finlay-park-3-113091

Sitting in my office, overlooking Finlay Park in Columbia, South Carolina may seem far removed from New York City but people living in poverty NYC and SC share similar legal problems. Consider the recent New York Times Editorial that advocates for stable funding for Legal Services.

People need decent representation when doing battle with bad landlords and employers, callous health maintenance organizations and government agencies, disgruntled business partners and grasping relatives. And in an era of predatory home loans, the legal needs of distressed homeowners are urgent and steadily rising.

Advocates for the poor argue, persuasively, that outlays for civil legal services are budgetary pennies that save many dollars. A foreclosure prevented is an eviction avoided, a family kept from homelessness — and a considerable burden lifted from the government’s social-service safety net. With legal help, poor people can avoid litigation, easing the load on judges and courtrooms. They can get food stamps, leveraging federal dollars in an underused program. If they avoid the poorhouse they will have, by definition, more money to spend, increasing sales tax revenues and benefiting local businesses.

The same arguments can be made here, in South Carolina.

Isn’t it time we acted accordingly?

To make a donation to fund legal services, visit the South Carolina Bar Foundation or click here.

-RFW

overlooking-finlay-park-1-113091

Filed under: 1, Health Care, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar Foundation, South Carolina Legal Services, access to justice, advocacy, attorney, children, divorce, domestic violence, elderly, foreclosure, foster parents, homeless, hunger, indigent, legal aid, poverty, poverty guidelines, public interest attorney , , , , , , , , ,

SC Access to Justice Readers’ Choice for the Holidays?

Why the Transcript of the South Carolina Supreme Court November 5th Public Hearing on Access to Justice of course!

the-court-is-in-session

Click here for the  transcript.

Many Thanks to Winkie Clark for uploading the transcript to the www.sccourts.org website and to Mary Ann Ridenour for forwarding it to SC Access to Justice!

-RFW

Filed under: 1, Civil Gideon, Court, Health Care, IOLTA, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, Right to Counsel, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, South Carolina Court Administration, South Carolina Legal Services, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, children, court innovation, divorce, domestic violence, elderly, foreclosure, foster parents, homeless, hunger, indigent, law librarians, law students, legal aid, people with disabilities, poverty, poverty guidelines, pro bono, protection and advocacy system, public interest attorney, self-represented litigant, special education, subprime mortgage crisis , , , , , , , , , , , ,

The Name’s Bono, Pro Bono

bono

It seems only appropriate to use a movie theme as we start to close out the year. After all, in Hollywood, this is the time for new releases as well as a time to reflect on movies from the past year. The same is true in the Access to Justice (ATJ) Community.

There are 4 main components to ATJ:

  1. EDUCATION. Education of the Bench, Bar, and General Public about ATJ as well as what’s currently available for people living within the federal poverty guidelines or those living just above the guidelines, but still unable to afford legal representation.
  2. STAFFED PROGRAMS. This category encompasses LEGAL SERVICES, in South Carolina SCLS, as well as other IOLTA grantees such as Crisis Ministries (homeless), Center for Heirs’ Property Preservation (heirs’ property), CODA (domestic abuse), SisterCare (domestic abuse), SC Appleseed Legal Justice Center (poverty groups and policy), and Low Country Legal Aid to name a few. The Commission would like to expand this collaboration to include entities such as Protection and Advocacy for People with Disabilities, Inc. (P&A)Catholic Charities,  Charleston Pro Bono Legal Services and others who are providing much needed legal services to people who would otherwise remain disenfranchised. The goal is to collaborate and coordinate in order to serve more while maintaining high quality legal services.
  3. PRO BONO. This category expands to the entire Bar membership, the South Carolina Bar’s Pro Bono Program and law firm pro bono programs, as well as paraprofessional organizations such as the South Carolina Court Reporters Association (SCCRA) and paralegal associations. And Law Students – YOU play a large role as well. Law librarians also play a large role. We are looking to expand existing services and develop new services.
  4. SELF-REPRESENTED LITIGANTS (SRLs). This category encompasses all of the previous components in order to provide quality resources to SRLs as well as develop new resources including forms, clear guidelines, instructional packets, clinics, etc.

None of these components can exist in a vacuum. They must co-exist and coordinate in order for access to justice to become a reality.

Today’s focus is PRO BONO; Pro Bono in South Carolina and Pro Bono elsewhere.

SOUTH CAROLINA. There have been previous posts about the SC Bar’s Pro Bono Program, namely that nominations for Pro Bono Volunteer of the Year are due – NEXT WEEK.

It saddens me that as of this post today there have been NO NOMINATIONS RECEIVED!

Now, I know there are South Carolina attorneys who have volunteered their services in the past year for pro bono. So why aren’t they are clambering for recognitition? Isn’t there at least ONE person who will see this post and nominate someone?

If  you are an attorney who has NOT yet participated in the SC Bar’s Pro Bono Program, let’s address why not, shall we?

  • LACK of TIME. Did you know that the SC Bar’s Pro Bono Program receives requests of all kinds and staff will take into consideration the amount of time you’re willing to spend?
  • LACK of INSURANCE. Did you know that the SC Bar’s Pro Bono Program provides malpractice insurance to ALL of its participants? Even if you are currently unemployed, you will be covered.
  • LACK of EXPERIENCE. NOT TO WORRY! The SC Bar’s Pro Bono Program has MENTORS! Just request one when you sign up. This also allows you the opportunity to NETWORK and grow in another practice area. AND when you sign up, you are eligible for FREE TRAINING! That’s right – FREE!
  • LACK of KNOWLEDGE about the PROGRAM. What do you want to know? If it’s not covered on the website, then feel free to call Angela McKeirnan at 803-799-6653 x. 169 or 877-797-2227 x. 169 for more information. She’ll answer your questions.
  • My job/firm doesn’t allow me to represent individuals. Ok, there are other tasks you can do such as develop manuals, conduct training/clinics in the evening or weekends, ASK-A-LAWYER, be a MENTOR, etc. Just ask.
  • LACK of MOTIVATION. Did you know that Pro Bono attorneys actually feel BETTER after assisting others? Additionally with all the community good will you’re developing, it may benefit your rainmaking efforts without having to go into overdrive. Try it, you just might like it.

And now for Pro Bono news elsewhere:

NY: Found on The Home Equity Theft Reporter – HEADLINE: NYC Pro Bono Effort Training Lawyers In Fight Against Foreclosures. Full story at http://www.brooklyneagle.com/categories/category.php?category_id=4&id=25032.

NY: Attorney Adrienne Flipse Hausch of Garden City has been recognized for her outstanding pro bono legal commitment. Full story at http://www.gcnews.com/news/2008/1205/Community/034.html

FL: Found on http://www.suncoast.com (WWSB ABC Channel 7) – “Study: Fla. lawyers lax on free legal service.” Report found at http://www.floridasupremecourt.org/pub_info/documents/2008_Pro_Bono_Report.pdf.

CA: Santa Clara Bar offers Pro Bono Boot Camp tomorrow – found at http://www.probono.net/calendar/event.221637-Pro_Bono_Boot_Camp.

Western Australia: Pro bono work standard practice found at http://www.wabusinessnews.com.au/login.php?url=http%3A%2F%2Fwww.wabusinessnews.com.au%2Fstory%2F1%2F69039%2FPro-bono-work-standard-practice.

-RFW

Filed under: 1, Charleston School of Law, Civil Gideon, Court, IOLTA, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Limited English Proficiency, PRO-Parents, Right to Counsel, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, South Carolina Legal Services, South Carolina Supreme Court, USC School of Law, access to justice, access to justice blog, advocacy, attorney, blog, children, court innovation, divorce, domestic violence, elderly, foreclosure, foster parents, homeless, indigent, law librarians, law students, legal aid, people with disabilities, poverty, poverty guidelines, pro bono, protection and advocacy system, public interest attorney, self-represented litigant , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Shameless Plug

Tune in “LIVE” or set your TiVo

CB062571

Next Thursday, December 11, 2008 at 7:30 p.m., the South Carolina Access to Justice Commission will be featured on The Big Picture. Although the program will introduce access to justice in general, the main focus of the program is on self-represented litigants (SRLs) or pro se litigants.

TV repeats of Thursdays broadcast will air each Saturday at 7:30 p.m. and again on Sunday at 1:00 p.m.

The following morning at 9:00 a.m., the Big Picture radio show will continue the topic.

-RFW

If you’re unfamiliar with SRLs, please check out my previous posts at http://scaccesstojustice.wordpress.com/?s=self-represented

Filed under: 1, Court, Law, Legal, Plain English, Plain Language, Readability, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, court innovation, divorce, domestic violence, elderly, foreclosure, foster parents, homeless, indigent, self-represented litigant, veterans , , , , , , , , , , , , ,

Want to Recognize Someone Special for their Pro Bono Work?

Attorneys often get a bad rap. Think about the terms ambulance chaser, sharks, bottom-feeders, and more. You get the picture.

But, this is not an accurate picture of attorneys. Each year, thousands of hours of legal work are donated, that’s right, for FREE, to assist individuals with legal problems. These individuals are unable to afford attorneys on their own and often meet federal poverty guidelines. Many times these individuals would end up losing their homes, employment, medical coverage, child custody, etc. without this assistance.

And, each year, the South Carolina Bar recognizes these attorneys for the good they do – their pro bono publico (for the public good) service.

If you know of an attorney who has helped you, helped a family member or a neighbor with their pro bono work, I encourage you to nominate them. Right now the South Carolina Bar’s Pro Bono Program is accepting nominations.

Criteria:

(a) Demonstrated dedication to the development and delivery of legal services to South Carolinians who meet up to 200% of the federal poverty guidelines through a pro bono or other volunteer program.

(b) Contributed significant work toward developing innovative approaches to delivery of volunteer legal services.

(c) Participated in an activity that resulted in satisfying previously unmet needs or in extending services to underserved segments of the population.

(d) Successfully litigated pro bono cases that favorably affected the provision of other services to South Carolinians who meet up to 200% of the federal poverty guidelines.

(e) Successfully achieved legislation that contributed substantially to the delivery of legal services to South Carolinians who meet up to 200% of the federal poverty guidelines .

 Why is this so important? It’s important to recognize that although there may be attorneys who live up to the reputation of being a shark, there are so many more who devote their time and expertise to making the world a better place, one person at a time.

Help us recognize these attorneys – nominate one.

For more information, visit http://www.scbar.org/member_resources/pro_bono_program/.

-RFW

Filed under: 1, Law, Legal, Legal Clinic, SC Bar, South Carolina, South Carolina Bar, South Carolina Bar Pro Bono Program, access to justice, advocacy, attorney, divorce, domestic violence, foster parents, homeless, indigent, legal aid, poverty, poverty guidelines, pro bono, veterans , , , , , , , , , , ,

BLOG ACTION DAY 2008: Spotlight on POVERTY-in-LAW

I signed up to write about poverty for Blog Action Day 2008 a few weeks back and the possibilities seemed endless and somewhat overwhelming. Then I considered the phrase “write about what you know.” Well, my professional life has been absorbed with access to justice and its mission – expand and enhance legal representation to South Carolinians with low income. Luckily it doesn’t take a rocket scientist to realize that this is THE poverty topic for me!

To get there, it’s time for a little background on me. Please indulge me.

My parents modeled philanthropy for me. From an early age, I learned that giving to someone in greater need than you felt really good. In my early teens, I worked as a candy striper and visited nursing homes with my church youth group in addition to dropping off goods at my local Goodwill store. Years passed and I kept the spirit alive continuing to do charitable works, but it didn’t hold the same meaning for me.

That’s when I sat on a jury. All of a sudden I realized that law held a lot of power over most of us – at some point in our lives. It dawned on me that I could go to law school and help people in the process. ( I had been a travel agent for over 11 years and had transferred me from Chicago to Greenville, SC.) Mind you, my friends called me out and said “Law school? To help people? Lawyers don’t help people.” I held my ground.

I studied for my LSAT and sent away for my undergrad records, completed paperwork, and updated my shots. I considered how to pay for law school and reasoned I could sell my house and use what little equity I had to help buy books and pay tuition. I applied. And I got in. Whew!

Oh yeah, I quit my job.

And started at the USC School of Law. As a 1L at age 34. And I went to meet Pamela D. ”Pam” Robinson my very first day. She got me started with pro bono in law school right away. And she kept me busy, er, I stayed busy with pro bono throughout law school. I had the pro bono bug so to speak. I was a vounteer advocate for SisterCare, a guardian ad litem for Richland County CASA, and worked on special projects for the SC Bar to name a few things.

After law school I started working at a private, non-profit organization, Protection and Advocacy for People with Disabilities, Inc. (P&A). Although a requirement for becoming a client was to have a disability, many times my clients were also living below, at or barely above the federal poverty guidelines. Why? Because many of them were denied employment due to their disability aka disability discrimination. Others had unimaginable monthly or weekly medication bills and even if there were recipients of either Medicaid or Medicare, they were still unable to purchase ALL their meds. And don’t forget about housing disability discrimination, even in HUD housing. There were lawsuits based on transportation discrimination. Abuse and neglect. Firsthand I witnessed degrading and deplorable living conditions for people with mental illness and cognitive impairments whose living arrangements were supplemented by SSI and OSS.

These individuals were and many of them are living in poverty. Which brings us back to the topic at hand. I came to the South Carolina Access to Justice Commission to assist those very people and others like them living in poverty.

  • Battling discrimination assists people in poverty.
  • Working as a pro bono attorney assists people in poverty.
  • Providing self-represented litigants with appropriate materials assists people in poverty.
  • Supporting legal services assists people in poverty.
  • Providing legal assistance to the homeless assists people in poverty.
  • Supporting the Bar Foundation assists people in poverty.

How? People in poverty are subject to daily stress. Where will I work? How can my child eat? How do I get to this job interview? How do I pay my car insurance? Which medication do I pay for – my heart medication or my anti-psychotic medication?

Bench, Bar and public can assist people in poverty by supporting ACCESS TO JUSTICE. When people in poverty show up at your door and have dreadful stories of discrimination, offer them hope. Refer them to their local Legal Services Intake line (in SC) to request assistance. Refer them to the court’s website for forms (in SC). Send them to SC Appleseed Legal Justice Center for material. Take a look at resources. AND DO NOT GIVE UP!

There are many of us who are battling poverty , in ways familiar to us. We’re forming partnerships and alliances. South Carolina Access to Justice is battling poverty by way of the law. Join us, won’t you?

-RFW

Robin Wheeler aka RFW

Robin Wheeler aka RFW

 

Filed under: 1, Civil Gideon, Court, HHS, LEP, Law, Legal, Legal Documents, Legalese, Limited English Proficiency, PILS, Right to Counsel, Rule of Law, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar Foundation, South Carolina Legal Services, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, blog, children, constitution, court innovation, divorce, domestic violence, elderly, foster parents, homeless, hunger, indigent, law librarians, law students, legal aid, people with disabilities, poverty, poverty guidelines, pro bono, public interest attorney, self-represented litigant , , , , , , , , , , , ,

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