SC Access To Justice Weblog

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

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

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

Ask-A-Lawyer One Week from Today

A Celebrate Pro Bono Week Event!

Ask-A-Lawyer

Date: Tuesday, October 27, 2009
Time: 4:45 to 7:45 p.m.

The Ask-A-Lawyer Program coordinates volunteer lawyers for televised phone banks and Web chats in an effort to assist the public with its legal questions.

If you have a legal question, please call WIS-TV at (803) 758-1020 during the hours indicated. You may also write to an attorney via an online chat room by clicking the icon at www.scbar.org/aal. If you need legal advice, please contact the South Carolina Bar Lawyer Referral Service at 800-868-2284 or call the Legal Aid Telephone Intake Service (LATIS) at 888-346-2284.

The Ask-A-Lawyer program is made possible by the South Carolina Bar Foundation, Inc.

From the SC Bar website!

-RFW

Filed under: 1, Ask-A-Lawyer, IOLTA, Law, Legal, Legal Clinic, Right to Counsel, Rule of Law, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, WIS TV, access to justice, access to justice blog, advocacy, attorney, blog, indigent, legal aid, poverty, pro bono, public interest attorney , , , , , , , ,

SC ATJ attends the SC Clerk of Court Conference 10.1.09

Last Thursday I had the privilege of speaking at the South Carolina Clerk of Court Conference at the Hilton Garden Inn in Aiken, SC. My presentation was an update of access to justice.

The presentation was met with enthusiasm and discussion continued even past the presentation. Luckily, at the last minute, I was able to incorporate a little of the updated report from LSCDOCUMENTING THE JUSTICE GAP IN AMERICA.

Here’s the presentation:

Clerks fall conf 10.1.09

And here are some of the photos:

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Thanks to Katie Staden from the SC Bar who accompanied me and took some of the photos when I was speaking!

-RFW

Filed under: 1, Court, IOLTA, LEP, Law, Law Related Education, Legal, Legal Clinic, Legal Documents, Legal Drafting, Limited English Proficiency, Plain English, Plain Language, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Court Administration, South Carolina Courts, access to justice, access to justice blog, advocacy, attorney, blog, indigent, law librarians, law students, legal aid, poverty, pro bono, public interest attorney , , , , , , , , , ,

Job Opportunity: MAINE

Help Wanted

WANTED: Executive Director for the MAINE Indigent Legal Services Commission

Recently Maine established the Maine Commission on Indigent Legal Services.

This independent commission was created for the purpose of providing efficient, high-quality, constitutionally and legally required representation to indigent criminal defendants, juvenile defendants, individuals facing involuntary commitment and children and parents in child protective cases.  The Commission seeks its first Executive Director, who will work with the Commission to establish, oversee and administer an indigent legal services delivery system, which is at the present time administered by Maine’s Judicial Branch.  As of July 1, 2010, the Commission will assume responsibility for an approximately $11,000,000 budget appropriated for the delivery of constitutionally-required indigent legal services.

Comm.+Indigent+Legal+Services.+Exec+Dir+Job+Description

Congratulations Maine!

-RFW

Filed under: Civil Gideon, Court, IOLTA, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Right to Counsel, access to justice, access to justice blog, advocacy, attorney, blog, children, constitution, court innovation, indigent, legal aid, poverty, poverty guidelines , , , , , , , , , , ,

Friday Resource: SC Appleseed Legal Justice Center

Friday Resource - SC Appleseed Legal Justice Center

Friday Resource - SC Appleseed Legal Justice Center

In South Carolina, when you think of poverty law and advocacy, you often think of  the SC Appleseed Legal Justice Center.

What you may not know is that SC Appleseed also publishes brochures, manuals and pamphlets for South Carolinians. Like the SCATJ Commission, SC Appleseed is a fan of PLAIN LANGUAGE and has some material available in Spanish (en español).

-RFW

Filed under: 1, IOLTA, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, legal aid, poverty, public interest attorney , , , , , , ,

M-States & SRLs: Montana & Massachusetts

DIY by any other name

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 , , , , , , , , , ,

JAX Pro Bono Attorneys Do It for FREE

Pro Bono Attorneys ROCK

Pro Bono Attorneys ROCK

A recent article in The Jacksonville Financial News and Daily Record spotlights Pro Bono Attorneys and the work they’re doing in conjunction with Jacksonville Area Legal Aid.

The best part of Pro Bono service is summed up by attorney Hamilton “Ham” Cooke:

“I know I get more out of helping these people than they do,” he says.

Congratulations JAX Attorneys!

South Carolina Attorneys: To sign up to become a pro bono volunteer, visit the South Carolina Bar’s Pro Bono Program

-RFW

Filed under: 1, Charleston Pro Bono Legal Services, IOLTA, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Right to Counsel, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Pro Bono Program, access to justice, access to justice blog, advocacy, attorney, blog, legal aid, poverty, pro bono, public interest attorney , , , , , , , , , , , ,

JOB ANNOUNCEMENT

Help Wanted

Help Wanted

Low Country Legal Aid announces 2 JOB Vacancies:

Since August 2000, Low Country Legal Aid has engaged community volunteers and retired attorneys to provide free advice, education and legal representation to low-income families in Beaufort, Jasper and Hampton Counties. Low Country. Legal Aid is registered with the South Carolina Secretary of State as a 501(c)(3) charitable organization.

1. Low Country Legal Aid seeks experienced attorney to serve as Executive Attorney. Responsibilities include case management, legal representation, oversight of volunteer lawyers, and legal education.

Please send resume by US. Mail to:

Peter Strauss
55 Hospital Center Common
Suite 300
Hilton Head Island, SC 29926

OR

By Email to pstrauss@thestrausslawfirm.com

2. Low Country Legal Aid seeks experienced leader to serve as Executive Director. Responsibilities include serving as the public voice of LCLA, maintaining the fiscal and operational strength of LCLA, supervising and motivating staff.

Please send resume by US. Mail to:

Peter Strauss
55 Hospital Center Common
Suite 300
Hilton Head Island, SC 29926

OR

By Email to pstrauss@thestrausslawfirm.com

-RFW

P.S. Please pass along to qualified individuals who may be interested in these positions!

Filed under: 1, IOLTA, IRS, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, South Carolina, South Carolina Access to Justice Commission, Unemployment, access to justice, access to justice blog, advocacy, attorney, blog, employment, indigent, legal aid, poverty, poverty guidelines, public interest attorney , , , , , , , , , , ,

100 days until Celebrate Pro Bono

I just saw a Tweet from the ABA reminding us that we’re 100 days away from Celebrate Pro Bono October 2009 which begins on October 25th this year!

I’ll try to stay current with happenings here in South Carolina, so check in from time to time! And please, if you’re planning an event, please send it to me. I’ll be happy to post it here!

-RFW

Filed under: 1, Charleston Pro Bono Legal Services, Charleston School of Law, IOLTA, Law, Law Related Education, Legal, Legal Clinic, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar Pro Bono Program, USC School of Law, access to justice, access to justice blog, attorney, blog, indigent, law librarians, law students, legal aid, poverty, pro bono, public interest attorney , , , , , , ,

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