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

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 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

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

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 , South Carolina, Plain Language, SC Appleseed Legal Justice Center, en Español, Friday Resource, Viernes de Recursos, poverty law and advocacy

Nosy is Back: Ask-A-Lawyer Style

Ask-A-Lawyer

Next Monday (8-24-09), our very own Nosy Wheeler will be participating in the SC Bar’s Ask-A-Lawyer program on Columbia television station WLTX.

If you have a question, please be sure to tune in and take advantage of the legal minds!

August 24, 2009

WLTX – Columbia

4:45-7:45 pm

Call in number: (803) 647-0299

-RFW

Filed under: 1, Ask-A-Lawyer, Law, Legal, Plain English, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, access to justice, access to justice blog, attorney, public interest attorney , 2009, CBS affiliate, Columbia television, Monday August 24, Nosy Wheeler, SC Bar, SC Bar's Ask-A-Lawyer Program, Volunteer Attorneys, WLTX