PRO BONO Celebration: With a Proclamation!

Thanks to Virginia Howell, Pro Bono Coordinator at Charleston Pro Bono Legal Services, Inc.

Very pleased to share:

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Pro Bono in Action! RichBar and HELP

Thanks to the Richland County Bar Association’s Public Service Committee!

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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

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Guest Blog: Cindy Coker – Keeping the Promise

Keeping the Promise

When I was a kid, we learned and recited in class the Pledge of Allegiance.  The final words,..with liberty and justice for all…carried a powerful message.  And for an 8 year old, justice meant playing fair in games and not picking on kids – or being picked on.

Several years later (and no, we won’t discuss how many!) I was saying similar words again when I took the new lawyers oath.  I will assist the defenseless or oppressed by ensuring that justice is available to all citizens… Wow, what a promise to make!

Recently the Legal Services Corporation released its updated report on the justice gap in America.  For every client that a legal services program is able to help, at least on is turned away.  I’m not sure who picks up the slack in other states, but in South Carolina, it’s the volunteers of the Pro Bono Program.  Since 1986 S.C. lawyers have given hundreds of thousands of hours in pro bono service.  Those hours have involved hand holding clients, appearing in court, helping a woman get out of an abusive relationship, ensuring visitation for a father with his children, helping a family keep their home or doing what could be done to make the inevitable less painful.

The Pro Bono Program also provides opportunities for lawyers to help educate the public through legal clinics, Law School for Non-Lawyers and Ask-A-Lawyer phone banks.

Unfortunately, the need exceeds the supply.  Liberty and justice for all, while the ideal, is not the reality.  But, we have a chance to make a difference.  We have a chance to keep the promise and close that gap.  We just need a little more help!  Can we count on you?

Pro Bono….Keeping the promise!

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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 , Caption, clerks of court, court administration, envelopes, Form of Pleadings, Name of Parties, napkins, new attorneys, paper towels, preparing papers, Rule 10 of the South Carolina Rules of Civil Procedure, Rule 10 SCRCP, self-represented litigants, www.sccourts.org

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

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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

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SC awarded AoA Grant to Assist Seniors Access Legal Services

Just a little while ago, I was on a conference call with representatives from California, Louisiana, Maine, Missouri, Nebraska, North Carolina, Ohio, Rhode Island, South Carolina, Utah and Vermont as we discussed 2009 Model Approach Grants awarded to our respective states. The press release is below:

AoA-Grants.Announcement-09_18_09

Exciting news for SC and access to justice for senior South Carolinians!

-RFW

Filed under: 1, Ask-A-Lawyer, Charleston Pro Bono Legal Services, Charleston School of Law, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Pro Bono Program, South Carolina Courts, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, disability, elderly, indigent, law students, legal aid, poverty, pro bono, self-represented litigant , South Carolina, SC, Administration on Aging, AoA, Seniors, Access Legal Services, 2009 Model Approach Grants

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 , SC access to justice commission, American Bar Association, Celebrate Pro Bono, October 25-31 2009, Pro Bono Week

Guest BLOGGER: Kristen Horne

PROJECT HELP: Year in Review (almost)

Project H.E.L.P (Homeless Experience Legal Protection) is preparing to celebrate one year of success in assisting Columbia area homeless people with their legal needs.  More than 50 attorneys have volunteered their time and expertise at the clinic to assist about 50 clients since November 2008, when the Richland County Bar, the Public Service Committee, and community sponsors launched the project.  Project H.E.L.P’s host for its first year has been St. Lawrence Place, a transitional housing facility for working homeless families in Columbia.  With a year of knowledge and experience, and outstanding assistance from the St. Lawrence Place staff, Project H.E.L.P. is preparing to move to a new location and broaden its client base.

Some exciting changes are in the works.  Beginning in November, Project H.E.L.P. will be hosted by Catholic Charities of the Midlands, on the corner of Assembly and Taylor Street.  This new central location downtown will make the clinic more accessible to clients with limited transportation.  In the past year Project H.E.L.P. has also developed relationships with more Midlands area organizations providing assistance to the homeless and is reaching out to those groups to identify clients who are in need of the clinic’s resources.

Ideally, the clinic will be staffed with five or six volunteers who will donate about two hours of their time on the third Thursday of the month.  The goal for 2009 is to serve between 12 and 15 clients each month.  Clients will continue to make appointments to meet with an attorney volunteer so that we can identify their legal need in advance and give the volunteers a bit of time to prepare to assist the clients.

Another exciting expansion comes in the form of certifying and retaining copies of identification documents for clients.  Homeless individuals often have a difficult time keeping their driver’s licenses, social security cards, and other government issued identification.  This identification is required to use many services, including staying in some shelters.  It can often take six weeks or more to replace lost or stolen identification.  Catholic Charities has graciously offered to maintain a file of certified copies of H.E.L.P. clients’ identification to be used in case those items are lost and need to be replaced.  Volunteers will be needed to notarize these copies.  This is a great opportunity for judges and judicial clerks, paralegals, and law students to give much-needed assistance to Project H.E.L.P. clients without giving any legal advice.  Also, if you have a locking file cabinet that you would like to donate for the project, please let us know.

Project H.E.L.P. was started by Judge Jay Zainey, U.S. District Judge for the Eastern District of Louisiana.  Judge Zainey started Project H.E.L.P. in New Orleans to assist homeless people with maintaining certified copies of identification documents so that they would be available for service providers.  Since Hurricane Katrina’s tremendous impact on the needs of New Orleans residents, the project has grown dramatically and expanded to other cities including New York, Chicago, Baton Rouge, Lafayette, Shreveport, Birmingham, Savannah, as well as Columbia.

In Columbia, the RCBA H.E.L.P. project operates a once-monthly morning clinic offering pro bono legal services and providing basic information about access to government benefits, identification documentation, housing, child custody, and other common legal issues affecting the homeless.  Community programs serving the homeless help the clinic identify clients by encouraging individuals with legal needs to participate.

Morning legal clinics will be held every third Thursday of the month.

Upcoming clinic dates are October 15^th, November 19^th, and December 17^th.

To learn more or to volunteer, please contact Kristen Horne at 255-9530.

Reprinted with permission from the Richland County Bar News. (c) 2009

-RFW

Filed under: 1, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, homeless, housing, indigent, legal aid, poverty, pro bono, public interest attorney , Assembly and Taylor Street, Catholic Charities of the Midlands, homeless families in Columbia, Hurricane Katrina, Judge Jay Zainey, Kristen Horne, Midlands area, New Orleans, Project H.E.L.P. (Homeless Experience Legal Protection), Public Service Committee, Richland County Bar, St. Lawrence Place, U.S. District Judge for the Eastern District of Louisiana, Volunteer Attorneys