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 , Ethics Probe Case, Geriatric, Guardian, Guardian ad Litem, July Bar Exam, Legal Profession, October Wrap, SC Politics, South Carolina Supreme Court, State Politics, Supreme Court Library, Supreme Court of South Carolina, Task Force, Task Force on State Courts and the Elderly

MILESTONE: Charleston School of Law Pro Bono

Celebrating Pro Bono South Carolina Style

From the October 27, 2009 Press Release:

In the five years since the Charleston School of Law started, students have donated more than 100,000 hours of free legal service to people across South Carolina. The public service milestone is the equivalent of 50 people working full-time for a year.

To read more.

-RFW

Filed under: 1, Charleston School of Law, Law, Legal, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, blog, indigent, law librarians, law students, poverty, pro bono , Charleston School of Law, Charleston School of Law Pro Bono, pro bono, South Carolina Style

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

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 LSC – DOCUMENTING THE JUSTICE GAP IN AMERICA.

Here’s the presentation:

Clerks fall conf 10.1.09

And here are some of the photos:

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 , SC Bar, LSC, 2009, SC Clerk of Court Conference, Thursday October 1, SC Access to Justice presentation, Documenting the Justice Gap in America, Aiken, Hilton Garden Inn, Katie Staden

COMING SOON to a town near you: Celebrate Pro Bono

LOUD & CLEAR: PRO BONO ROCKS

At the end of October, across the nation, attorneys will join together to provide Pro Bono services as part of the American Bar Association’s CELEBRATE PRO BONO WEEK (October 25-31, 2009).

Mark your calendars. The South Carolina Access to Justice Commission will be highlighting some of the featured events, programs or pro bono attorneys on the blog.

If  you have a story to share and would like to be a guest blogger, please email me.

-RFW

Filed under: 1, Ask-A-Lawyer, Charleston Pro Bono Legal Services, Charleston School of Law, Law, Law Related Education, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Right to Counsel, 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 Courts, South Carolina Legal Services, South Carolina Supreme Court, USC School of Law, access to justice, access to justice blog, attorney, blog, homeless, indigent, law librarians, law students, legal aid, poverty, pro bono, public interest attorney, self-represented litigant , American Bar Association, Celebrate Pro Bono, October 25-31 2009, Pro Bono Week, SC access to justice commission

220 years and counting . . .

Today in history . . .

September 25, 1789 - Amendments to the U.S. Constitution, known today as the Bill of Rights, were first proposed. It may be interesting to note that even back then, it took a little over two years (December 15, 1791) to ratify most of them.

If you are unsure how history holds relevance today, consider this sampling:

1st Amendment – Free Speech

2nd Amendment – Security of a Free State

5th Amendment – Pleading the Fifth (against self-incrimination)

6th Amendment - Gideon v. Wainwright (right to counsel)

10th Amendment – State sovereignty

Sometimes it helps to look back, just so we can look forward – with apologies to George Santayana

Thanks to our founding fathers for having the foresight to draft this important document.

-RFW

Filed under: 1, Civil Gideon, Court, First Amendment, Law, Law Related Education, Legal, Legal Documents, Legal Drafting, Readability, Right to Counsel, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, law librarians, law students , 10th Amendment, 1st Amendment, 2nd Amendment, 5th Amendment, 6th Amendment, amendments, Bill of Rights, December 15 1791, Free Speech, George Santayana, Gideon v. Wainwright, Pleading the Fifth, Right to Counsel, Security of a Free State, self-incrimination, September 25 1789, state sovereignty, US Constitution

Constitution Day – What Freedom do you celebrate?

The Constitution of the United States of America

My Fave? Article III of the Constitution

Maybe that’s an obvious choice for an attorney. Now, please don’t misunderstand, all of the freedoms noted in our venerable Constitution have a special spot in my heart. Tears still swell every time I hear the Star-Spangled Banner. I imagine looking out and seeing our flag still standing proud, even in the midst of a war for our continued independence from Great Britain.

Article III establishes the Judiciary. The Third Branch of Government. No, I won’t delve into Marbury v. Madison, although any law student could wax poetic on the landmark case.

But I am glad that each year we celebrate Constitution Day because it gives me a good excuse to review the grand document.

You don’t have to declare your favorite article or section, but do take a moment to reflect on the freedoms and the wisdom contained in the document with the preamble:

We the people of the United States,

in order to form a more perfect union,

establish justice,

insure domestic tranquility,

provide for the common defense,

promote the general welfare,

and secure the blessings of liberty to ourselves and our posterity,

do ordain and establish this Constitution for the United States of America.

-RFW

Filed under: 1, Charleston School of Law, Court, Law, Law Related Education, Legal, Legal Documents, Legal Drafting, Legalese, Rule of Law, South Carolina, South Carolina Access to Justice Commission, USC School of Law, access to justice, access to justice blog, advocacy, attorney, blog, constitution, court innovation, law librarians, law students , Constitution Day, We the People, Law Student, Marbury v. Madison, FREEDOM, Constitution of the United States of America, Article III of the Constitution, Star-Spangled Banner, Great Britain, The Judiciary, The Third Branch of Government

Social Media, Social Media Access to Justice?

Did you take the 4 1/2 minutes to watch the video? If so, you’re one of the statistics who participate in Social Media. And if not, simply by stopping by the blog, you’ve become a statistic.

Do you blog?

Do you Twitter?

Do you have a Facebook account?

LinkedIn?

If you’re reading this entry, you have decided that online information (either resources or opinion) is of value to you. And that got me thinking – (wait . . .  here it comes . . .  I have a talent for stating the obvious):

THE INTERNET IS POWERFUL

It is easy and quick to exchange information. Sure, the video targets “marketers” but we “professionals” need to stay current too. While the marketer might use hashtags to hawk wares, the professional can use these same hashtags to educate about a specific idea.

And sometimes social media can even bring in customers, clients or people with legal questions. Each day the SC Access to Justice Commission receives more calls from people trying to navigate their way through the South Carolina civil legal system.

When I ask where they heard about the Commission? THE INTERNET.

Some may argue that most South Carolinians who live in poverty cannot afford the internet. And that may be true. But if I can reach just a few more people with an additional point of access aka the internet, shouldn’t I try?

And, if the video is telling/selling the truth, then more than likely the “new” generation will communicate via social media almost  to the exclusion of traditional media.

So, I’ll keep trying to stay “au courant” or Plain English “CURRENT” with the latest trends because the Commission’s purpose is to remove barriers to access within the civil legal system.

In the meantime, in addition to Twitter, Facebook, etc., I’ll keep my phone, fax and email address.

Feel free to contact me via SNAIL MAIL too. 

Snail Mail

 -RFW

Filed under: 1, Ask-A-Lawyer, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Readability, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, access to justice, access to justice blog, attorney, blog, law librarians, law students, legal aid, poverty, public interest attorney, self-represented litigant , Plain English, social media, Social Media Access to Justice

Plain English Guru: Ken Davis

A brief thanks to techno.la for pointing us to Kenneth W. Davis -

THANKS!

Once we clicked to his blog, we knew we’d found a gem: a Plain English Guru.

Sure, it’s not a legal writing blog. Ah, much more importanly, it’s a blog about writing. Writing for everyone.

And that’s something many of us attorneys push aside as we start writing. We write to impress the Court. We write to impress the Client. We write to impress anyone who may read our loquacious and eloquent documents.

In essence, as lawyers, we often forget to write  for someone, we write to impress the audience with our hard-earned and years of education. After all, we had to learn to write those Latin phrases in law school, right?

Writing with flourish may be fun and it may be exciting to search for words out of the brain’s recesses that house our grammar school vocabulary tests, but those are endeavors for us, the writers.

When we write for the reader, we should write clearly and with a end in sight – to get our idea across to the reader.

And Mr. Davis is the go-to-guy for plain writing.

-RFW

Filed under: 1, Court, Law, Law Related Education, Legal, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, President Franklin D. Roosevelt, Readability, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, court innovation, law librarians, law students, legal aid , Ken Davis, Kenneth W. Davis, Legal Writing, Plain English, Plain Language