Cast your vote re: ghostwriting

I’ve received the following email 3 times. It’s time for me to share!

Following an article published yesterday, titled Kansas Ethics Opinion Requires Disclosure on Ghostwritten Pleadings, the ABA Journal has created a poll on ghostwriting.  Visit the site at www.abajournal.com to cast your vote in the poll “Is Ghostwriting Legal Documents Ethical?”.

Scroll down the screen to see the poll, which is located on the right side of the home page.  We’re not sure how long the poll will be open, so be sure to vote today.

This issue is particularly relevant for those of us interested in limited scope representation.

Limited scope representation varies state by state, but generally, it allows attorneys to provide a discrete service and is considered by many to increase access to justice – due to reduced costs for legal services.

A litigant or client may pay for someone to write a letter on their behalf or write their court documents, but complete their legal representation at that point.

Ghostwriting is when the attorney writes the documents for the client. In some states, the attorney does not have to sign their name; in others, it is mandatory.

What do you think? Case your vote at www.abajournal.com.

-RFW

Filed under: 1, Ask-A-Lawyer, Court, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Readability, Right to Counsel, Rule of Law, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, court innovation, law librarians, legal aid, self-represented litigant , ABA Journal, Alabama, attorney, Discrete Task Representation, ethics, ghostwriting, Ghostwritten Pleadings, Kansas, lawyer, legal representation, limited scope representation

SRLs – A Start

For those of you interested in learning where to start to learn more about self-represented litigants in South Carolina, here’s my cheat sheet:

Resources

1.         Online

A.  South Carolina:

• http://www.sccourts.org/forms/indexSelfHelp.cfm – The South Carolina Courts official site for Self Help Resources.
• http://lawhelp.org/sc – South Carolina’s Guide to free legal services. LawHelp South Carolina is a project of South Carolina Legal Services and the Legal Services Corporation.
• http://www.scb.uscourts.gov/prose_before.html – The United States Bankruptcy Court District of South Carolina offers information to those filing without an attorney, including a video Bankruptcy Basics Video Presentation for Pro Se Filers.

B.  National:

• http://www.selfhelpsupport.org/ – Members include judges, clerks, court staff, legal aid advocates, bar association representatives, law school faculty, researchers, and others who work to increase access to justice.
• http://www.srln.org/ – The Self-Represented Litigation Network brings together courts and access to justice organizations in support of innovations in services for the self represented
• http://devlegacy.ncsc.org/WC/CourTopics/ResourceGuide.asp?topic=ProSe – The National Center for State Courts’ Self-Representation Resource Guide.
• http://www.ajs.org/prose/home.asp – The American Judicature Society’s Pro Se Forum.
• http://www.lri.lsc.gov/prose/prose.asp – The Pro Se Section of the Legal Services Corporation Resource Library focuses on practices to help legal services programs empower low-income clients to help themselves through pro se advocacy.
• http://www.abanet.org/legalservices/delivery/delunbund.html – The American Bar Association’s Pro Se/Unbundling Resource Center. This site has been developed as a project of the ABA Standing Committee on the Delivery of Legal Services. It is designed as a resource to help lawyers, bar leaders, the judiciary, court administrators, scholars and the media better understand and critically analyze the issues involved in self-representation and unbundled legal services.

C.  Other States:

• http://www.courtinfo.ca.gov/selfhelp/ – The California Courts Online Self-Help Center which helps self-represented litigants find assistance and information, work better with an attorney, and represent themselves in some legal matters.
• http://www.legalhotlines.org/ – AARP’s Florida senior Legal Helpline Honored by State Coalition.

2.         Attachments

• http://www.aallnet.org/products/HowToResearchLegalProblem.pdf – How to Research a Legal Problem: A Guide for Non-Lawyers published by the American Association of Law Libraries.

I’m sure there will be more to come, but this should give you a start!

And many thanks to probono.net for supporting many of these platforms.

-RFW

Filed under: 1, Court, Law, Law Related Education, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar Foundation, South Carolina Court Administration, South Carolina Courts, South Carolina Legal Services, South Carolina Supreme Court, access to justice, access to justice blog, attorney, blog, court innovation, indigent, law librarians, legal aid, poverty, pro bono, public interest attorney, self-represented litigant , AALL, ABA, American Association of Law Libraries, lawhelp.org/sc, pro se, sc courts, Self-Help Resources, self-represented litigants, SRLs, The American Bar Association's Pro Se/Unbundling Resource Center, The American Judicature Society's Pro Se Forum, The Nation Center for State Courts' Self-Representation Resource Guide, The Pro Se Section of the Legal Services Corporation Resource Library, www.sccourts.org, www.selfhelpsupport.org, www.srln.org

MPI Offers E Pluribus Unum Prizes for Immigrant Integration

From their website:

The E Pluribus Unum Prizes are a national awards program that provides four $50,000 prizes annually to exceptional initiatives that promote immigrant integration.

The awards are intended to recognize exceptional immigrant integration initiatives that help immigrants and their children adapt, thrive, and contribute to the United States or that bring immigrants and the native born together to build stronger, more cohesive communities.

This is exciting news for funding for some of our legal partners who work with immigrants, especially in this economy. Thank you MPI for offering us not only good empirical data on immigrants, but for offering this opportunity.

-RFW

Filed under: 1, Immigration, LEP, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, Right to Counsel, SC Appleseed Legal Justice Center, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, children, indigent, legal aid, poverty, public interest attorney , E Pluribus Unum Prizes, Funding opportunity, Immigrant Integration, MPI, United States

Introducing 3L Tiffany D. Gibson, Pro Bono Law Clerk

GUEST POST by Tiffany D. Gibson

I was raised in a low socioeconomic background.   Both of my parents are on Social Security Disability.  My mother has been on SSD since I was in the 5th grade.  My father has been on SSD since I was in the 12th grade.   Our family has struggled even more since both of my parents are on disability.   Getting through paying bills from month to month is a blessing for the household.  Moreover, my parents have only a high school education, and the rural Pee Dee region of South Carolina is what they know.   I have seen my parents and members of the family have legal issues but not have access or the financial means to afford an attorney.   One of my uncles has had a long battle with trying to acquire Social Security Disability, but he has had to fight the system on his own and with no outside legal help.   I have seen my father in an extended involvement with probate issues of his deceased father’s estate, but he has not had an consistent legal help  or someone to just guide him on the  ins and outs of probate law with regards to his inheritance.   From  a few of my family experiences, I realize firsthand how crucial pro bono is to providing access  to justice for those who are unable to or who just do not know how to go about exercising their rights to justice.

As a law student, it is so easy to get caught up in the chaos of assignments, papers, job searches, jobs, organizations, and social life.  Involvement in pro bono is the priceless opportunity that gives you that necessary outlet.  It opens your eyes and helps you to realize that it is not about you and your personal goals.  It is about my community and what I can do to service my community as a present law student and in future practice of law.  Involvement with Pro Bono helps you to become more well-rounded and improves your ability to work with and interact with all degrees of life from different socioeconomic, race, and ethnic backgrounds.

A good percentage of the population of my law school comes from privileged or comfortable middle-class backgrounds.   A lot of these students come to law school very much oblivious to the extent of the critical need for pro bono service within our community.  Involvement in Pro Bono is needed to make them understand just how much the  community needs their service.

I have talked to a few friends at Charleston Law, and they informed me that a certain amount of pro bono hours are required for every law student.   At University of South Carolina, we do not require pro bono hours.   I believe that a pro bono requirement would be a great investment for the law school and the community that we service.  This will get the students out into the community who would not get involved on their own otherwise.   The requirement would also plant seeds into the law students –seeds that would hopefully grow and continued to be nourished when they are out in practice.

Filed under: 1, Charleston School of Law, Court, Law, Legal, Legal Documents, Legalese, South Carolina, South Carolina Access to Justice Commission, USC School of Law, access to justice, access to justice blog, advocacy, attorney, blog, indigent, law students, legal aid, poverty, pro bono, public interest attorney , 3L, Charleston School of Law, Pro Bono Law Clerk, probate, Social Security Disability, South Carolina, Tiffany D. Gibson, University of South Carolina School of Law

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

LEP Case in Maryland

FOR IMMEDIATE RELEASE
Monday, October 5, 2009

FOR MORE INFORMATION, CONTACT:
Aeda Chung, Marketing Coordinator
202.393.3572 x 32; aeda.chung@apalrc.org
Nadia Firozvi, Staff Attorney
202.393.3572 x 23; nadia.firozvi@apalrc.org

Maryland Court of Appeals to Hear Oral Arguments Concerning Legal Rights of Limited English Proficient Litigants

(Annapolis, Maryland)  The highest state court of Maryland will hear oral arguments on Tuesday, October 6, 2009, concerning the legal rights of limited English proficient litigants.  The Asian Pacific American Legal Resource Center (Center), joined by CASA de Maryland and the Maryland Legal Aid Bureau, filed a friend-of-the-court brief in support of Ms. Nonceeya, a Thai speaking and limited English proficient immigrant, in the matter of Nonceeya v. Lone Star Steakhouse.  The Public Justice Center is acting as co-counsel in this appeal.The Center’s brief provided the necessary contextual information about the limited English proficient community and the Maryland judiciary’s responsibilities under the law as language barriers continue to prevent limited English proficient (LEP) litigants from accessing courts.

Ms. Nonceeya had worked at Lone Star Steakhouse for just over two years and filed a national-origin employment discrimination complaint against Lone Star’s managers and staff.  She filed this complaint in the Montgomery County Circuit Court against her former employer without the assistance of an attorney, and requested the assistance of an interpreter at all court proceedings, which was granted by the Circuit Court. Lone Star Steakhouse, however, failed to provide an interpreter during a deposition that lasted for three days in English. The deposition later served as a basis for the Circuit Court’s decision as the court granted Lone Star’s motion for summary judgment.

The Center urges the Court of Appeals to ensure access to justice for all Maryland residents, regardless of language ability.  The Center’s experience with advancing the legal and civil rights of hundreds of limited English proficient Asian immigrants underscores the need to provide interpretation in court proceedings.

The Asian Pacific American Legal Resource Center is the Capital Region’s nonprofit advocate advancing the legal and civil rights of Asian Pacific Americans through direct services, education, and advocacy.

The Asian Pacific American Legal Resource Center
D.C. Office      1600 K Street, NW, Mezzanine Level, Washington, D.C. 20006
♦ Helpline:  202.393.3572                     Fax: 202.393.0995

Main: Ext. 22
Chinese: Ext. 18
Hindi/Urdu: Ext. 19
Vietnamese: Ext. 20
Korean: Ext. 21

Maryland Office 11141 Georgia Avenue, Suite 215, Silver Spring, MD 20902

♦ Phone: 301.942.2223

APALRC: Ensuring Access to Justice for Asian Pacific Americans Since 1998
www.apalrc.org

Many Thanks to Claudia Johnson for pointing us to this!
-RFW

Filed under: 1, Court, LEP, Law, Legal, Legal Documents, Legalese, Limited English Proficiency, Plain English, Plain Language, Readability, access to justice, access to justice blog, attorney, blog , Aeda Chung, APALRC, Asian Pacific American Legal Resource Center, CASA de Maryland, LEP, Lone Star Steakhouse, Maryland, Maryland Legal Aid Bureau, Montgomery County Circuit Court, Ms. Nonceeya, Public Justice Center, www.apalrc.org

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 , 2009 Model Approach Grants, Access Legal Services, Administration on Aging, AoA, SC, Seniors, South Carolina

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

SC Courts Website: Noteworthy!

In perusing the 2009 Edition of Future Trends published by the National Center for State Courts (NCSC), I saw that the South Carolina Courts website was featured prominently as an example of user-friendly design.

This is exciting because it highlights the SC Court’s interest in serving the general public and making information easy to find.  And the following Excerpt indicates why the site is so successful:

The South Carolina Judicial Department’s Web team compiled over
a year’s worth of e-mailed requests from court staff, the legal community,
and the public to help design the site’s e-mail notification system, through
which Web visitors can sign up to receive opinions, orders, rules, forms,
court news, and more.

The report also contains information about the rising number of self-represented litigants within the nation’s court system. While South Carolina has been working to address this area with our access to justice SRL efforts, SRLs are exponentially increasing their presence in the courts.

If you are interested in court trends in SC and around the USA, I would definitely recommend taking a few minutes to check out the recent NCSC report.

Special Thanks to technola for pointing us toward the report.

-RFW

Filed under: 1, Court, Law, Legal, 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, South Carolina Supreme Court, access to justice, access to justice blog, blog, court innovation, poverty, self-represented litigant, technola , South Carolina, self-represented litigants, SRL, sc courts, www.sccourts.org, Winkie Clark, NCSC, National Center for State Courts, technola; 2009 Edition of Future Trends, South Carolina Courts website, user-friendly website