Resource Wednesday: Expungement in South Carolina

Every now and again, I need a reminder to share information.

Earlier today, I received a request from someone desperately trying to find out where to find help for an expungement. And, the resource is below:

  • Your Guide to Expungement in South Carolina (updated in November 2013). This fabulous, free resource was pulled together by the South Carolina Center for Fathers and Families. It can be found online at http://www.scfathersandfamilies.com/public/files/docs/Nov2013UpdatedGuide.pdf. It basically walks folks through expungement (Step 4) while letting them know whether expungement is a possibility (Step 3) and, if so, which one to go for.

If you want additional information on expungement and pardons, below are also some helpful links:

To find legal help or a lawyer:

 

To find more information on the legal system in South Carolina

To get a copy of your criminal record

  • South Carolina Law Enforcement Division (SLED) Records Department, Post Office Box 21398, Columbia, SC 29221, 803-896-1443, www.sled.sc.gov

To find more information on expungement, pardons, or other issues relating to fatherhood

  • The South Carolina Center for Fathers and Families, 2711 Middleburg Drive, Suite 111, Columbia, SC 29204, 803-227-8800, www.scfathersandfamilies.com

Sometimes all it takes is a little knowledge. Hope this helps.

~rfw

Let’s talk about Pro Bono

I have written about Pro Bono legal representation on different occasions, especially during or near the ABA’s National Celebrate Pro Bono Week. Here in South Carolina, I’ve seen more discussion about it, and even a little more participation.

But, I still don’t see as much participation as I would expect. So I have a question for attorneys, paralegals, and law students:

If you are not regularly engaged in pro bono representation, why not?

Please add your comments below. No expletives please. And, I’d like your honest answers.

  • Have you been asked?
  • Do you know where to find opportunities?
  • Are you nervous to do so on your own?
  • Do you think you don’t have enough time to add another case?

Thanks!

~rfw

Happy New Year! Welcome 2014

It’s been a really good year for South Carolina Access to Justice! Below is our newsletter that highlights a few items we’ve been working on.

SCATJ Newsletter End of Year 2013

Happy New Year Everyone!

~rfw

NEW Form for Fee Waiver for Pro Bono or Legal Services’ Clients

Please see the Order below noting that Court Form SCCA 236, available in Word and pdf. It is also available online at the court’s website at http://www.sccourts.org/forms/pdf/SCCA%20236.pdf. It allows the filing fee to be waived when filed in all civil actions by an attorney providing legal services to indigent persons via an approved legal service entity or the SC Pro Bono program. Please share.

 

 

2013-12-17-01

The Supreme Court of South Carolina

Re: Certification of Indigent Representation, Pursuant to
Rule 3(b)(2), SCRCP Form (SCCA 236)


ADMINISTRATIVE ORDER


Pursuant to the provisions of S. C. CONST. Art. V, § 4,

IT IS ORDERED that SCCA Form 236, Certification of Indigent Representation Pursuant to Rule 3(b)(2), SCRCP, is approved for use in the Circuit Courts and Family Courts of this State.

Pursuant to Rule 3(b)(2), SCRCP, a party represented in a civil action by an attorney working on behalf of or under the auspices of a legal aid society or legal services or other nonprofit organization funded in whole or substantial part by funds appropriated by the United States Government or the South Carolina General Assembly, which has as its primary purpose the furnishing of legal services to indigent persons, or the SC Pro Bono program, shall have fees related to the filing of the action waived without necessity of a motion and court approval.

This form shall be completed by attorneys in civil actions as described above to certify that he or she represents an indigent person and that he or she is providing such representation on behalf of a legal aid society, legal services or other nonprofit organization

This form shall be available on the South Carolina Judicial Department website at www.sccourts.org under the ‘Forms’ link.

IT IS SO ORDERED.

s/Jean Hoefer Toal
Jean Hoefer Toal, Chief Justice

Columbia, South Carolina
December 17, 2013

Training Opportunity by SCCADVASA

South Carolina Coalition Against Domestic Violence and Sexual Assault (SCCADVASA) Training Announcement:  Recognizing and Responding to Human Trafficking within the United States

 July 19, 2012

SC Department of Juvenile Justice

Bill Rogers Community Connections Center

4900 Broad River Road

Columbia, SC 29212

Registration and Additional Information at: http://sccadvasa.org/training

Registration deadline is July 13, 2012

Space is Limited, so please register soon.

For Hotel Reservations Call:

Call Hampton Inn-Harbison 803.749.6999

101 Woodcross Drive

Columbia, SC 29212

Refer to group code: SCC

The deadline to confirm the group rate of $89.00 per night plus applicable taxes and fees is July 4, 2012.

For more information, please call Donna Thompson at 803.256.2900 ext. 106 or email dthompson@sccadvasa.org.

PLEASE SEE BROCHURE FOR MORE DETAILED INFORMATION

FREE for SCCADVASA Member Program Advocates

$15.00 for SCCADVASA Affiliate Members & Students (Students must provide ID)

$25.00 for General Registration

There will be 6.0 Continuing Education Hours offered for:

  • LPC,
  • MFTH,
  • Law Enforcement,
  • Social Work and
  • Victim Service Provider.

February 2012 Newsletter

We are pleased to share our latest newsletter.

SCATJC February2012

If you have questions, please feel free to email me.

~RFW

Congratulations Jack Cohoon! 2011 Ellen Hines Smith Legal Services Attorney of the Year

Earlier today, Shannon Willis Scruggs, the Executive Director of the South Carolina Bar Foundation, and I made our annual surprise site visit to the South Carolina Legal Services (SCLS) office where the Ellen Hines Smith Legal Services Attorney of the Year receives their surprise notice of the honor.

The 2011 recipient is Jack E. Cohoon, from the Columbia office.

Congratulations to Jack Cohoon! Pictured Left to Right: Eddie Weinberg, Jack Cohoon, Andrea Loney, Robin Wheeler. Photograph by Shannon Willis Scruggs.

Who is Jack E. Cohoon?

He has been employed in the Columbia SCLS office for more than 5 years. Jack serves as the lead employment attorney and provides guidance and case reviews of employment cases throughout the organization. But Jack’s caseload is not limited to employment; Jack also helps with evictions, housing, domestic violence, consumer protection, public benefits, education, and elder law.

Jack developed an expungement clinic protocol that includes a PowerPoint presentation, a brochure, and assistance with the SC Access to Justice Commission’s Expungement and Pardons FAQs.

What do co-workers say about Jack E. Cohoon?

“His polite demeanor and droll wit create a wonderful rapport between him and his clients.”

“Jack is a truly exceptional young attorney who has made a substantial statewide impact on the scope and effectiveness of SCLS’s representation to the benefit of all low income South Carolinians.”

“Jack’s work ethic is one of the best at SCLS. He is on the job and eager for work every day.”

“His calm, even demeanor has made him a favorite with attorneys within and outside of SCLS. Indeed, his glowing reputation extends to opposing counsel as well.”

“He is never temperamental and willingly accepts supervision, suggestions and criticism.”

From a client:

“. . .  Jack Cohoon did me a great service with the case that I brought to him. I don’t know that if I had had the money to pay a lawyer they could have done a better service for me.”

From the Workforce Investment Area re: expungement clinics:

“Jack was the perfect partner to work with. He exhibited compassion and patience that was very evident and sincere to the workshop attendees. Many stayed after the sessions to speak with him personally . . . He provided hope for some who felt they had exhausted every avenue. . . . Jack is a true treasure as he will always avail himself to help get information and services to the community. . . .  I appreciate the professionalism which Jack presents to a hurting and sometimes angry audience and look forward to the opportunity to work with him again.”

It’s easy to see why Jack is the recipient of this year’s Ellen Hines Smith Attorney of the Year award.

If you would like to see Jack receive the award, please join us at the South Carolina Bar Foundation Gala on Saturday, January 21, 2012 at the Columbia Metropolitan Convention Center. The reception begins at 6:30 p.m. and dinner will be served at 7:30 p.m. Individual tickets are $100 and table sponsorships start at $1,200. Please contact Shannon Scruggs at shannon.scruggs@scbar.org or (803) 765-0517 for more information.

~RFW

Celebrate Pro Bono: Patricia “Patti” Lysak

As part of Celebrate Pro Bono 2011, we are highlighting pro bono legal service in South Carolina.

Meet ASHLEY COLE, 3L at the University of South Carolina School of Law.

Patti Lysak

Patti is currently serving as co-President of the USC School of Law’s Pro Bono Board, but her interest in pro bono began even before law school.

I’ve always had a strong desire to help others, and getting involved with Pro Bono was the most direct way I felt I could do that while in law school.  Other students spoke highly of the program, so I was excited to be a part of it!

She has been a member of the Pro Bono Board since her 2nd year of law school, but participated in various events as a 1L. 

Her latest project through Pro Bono was helping the South Carolina Journal of International Law & Business participate in a service day at Habitat ReStore.  She is very active in helping to organize the Best Class Food Drive held each semester and have taught CHOICES classes at the South Carolina Department of Juvenile Justice.  

What pro bono experience brings her the most joy?

The incoming students service dayIt’s great to see new students helping out in the community, and I love being a part of their experience!  

Any lessons?

Being involved in the program has allowed me to be active in the community and continue helping others.  There is so much need in the world, and locally, that I believe everyone has a duty to help.  Everyone has a skill that is beneficial to others! 

Plus I didn’t realize that so many attorneys are willing to “donate” their time for various causes.  It’s encouraging to know that!

 And she has a great message for law students:

Get involved!!  There is something for everyone, and everyone benefits.  

Patti’s enthusiasm for pro bono is immediately evident and she emphatically notes that she will continue to participate in pro bono projects once she becomes licensed. And I don’t doubt her for one minute!

~RFW

Celebrate Pro Bono: Bryan Lysell

As part of Celebrate Pro Bono 2011, we are highlighting pro bono legal service in South Carolina.

Meet BRYAN LYSELL, 3L at the University of South Carolina School of Law.

Bryan Lysell

Bryan Lysell has been involved in the USC School of Law Pro Bono Program since his first semester in law school. He currently serves as co-Presidents of the Pro Bono Board and participates in the Carolina Clerks project with the South Carolina Appleseed Legal Justice Center and he volunteers at the Homeless Law Clinic (HELP) in St. Peter’s Church.

I asked Bryan a few questions about pro bono, including what first drew him to the program. Here’s what he said:

That is hard to say.  I guess what first drew me to the Pro Bono Program was public radio.  I like NPR and the pro bono program volunteers each year to man the telephones at ETV’s fall fundraiser.  I volunteered for that and sat next to Pam Robinson.  Pam asked me what I did before I came to law school and when I told her that I used to work for a labor union, she was one of the first people I met in South Carolina who had a positive reaction.  I think I thought to myself then that a program that that lady runs must be a good program.  That impression has been borne out time and again over the last three years.

When asked about he became involved with the various projects, he noted:

I learned about all of these programs through Pam Robinson.  With regard to the Carolina Clerks position, I responded to a general request that Pam had sent out via email.

In September, Pam needed someone to fill an open spot at HELP one morning and she asked me if I could stop by.  I think Pam asked me because HELP is a morning gig and she knew that I am generally an early riser.

He also participates with Volunteer Income Tax Assistance (VITA),

VITA was one of the first things that I got involved in at law school and I feel like it really set the tone for my continued participation in the pro bono program.  I used to be a labor union representative and I enjoy talking to people.  VITA gave me an opportunity to interact with folks who have problems and who are trying to get help with them.  It had a lot of the characteristics of my former employment and it was comforting to me to be able to do something that felt familiar and that I thought I was good at (particularly in my 1L year when that feeling is an otherwise rare commodity.

One of his favorite pro bono memories is participating in VITA:

I had a nice surprise while doing taxes.  An elderly man came in needing to have his taxes prepared. 

Usually I like to chat with folks while I do their taxes.  I find it entertaining and having a conversation with the person to whom you’ve entrusted an important task usually makes people feel more comfortable in that entrustment. 

This guy just would not bite, though; he responded monosyllabically, if at all to any questions I would ask, even those related to taxes. 

As I went through his documents, I found a 1099 for a pension that he received from LTV.  LTV is a steel company that specializes in producing steel pipe. I asked him whether he worked in a mill and he told me that he worked at a mill in Cleveland. 

Well, I’m from Pittsburgh, and my father, my uncle, and my grandfather all worked in the mills, and in particular my grandfather worked in the McKeesportworks, which specialized in continuous cast steel pipe.  When I told him all of that, his demeanor turned 180 degrees and he was as affable as anyone I had ever met.  We talked about the Steelers and the Browns, about steel mills, about South Carolina summers and how unbearably long and hot they are, and about Midwest winters and how unbearably long and cold they are. 

I don’t think I’ll ever forget that guy.  I hope he comes around again this year.

You need to listen to people when they are talking to you about their concerns, that sometimes they’re saying more than what they’re actually saying.

As he related what he’s learned from doing pro bono work, it was evident that he will make a fine attorney:

I have relearned that you need to listen to people when they are talking to you about their concerns, that sometimes they’re saying more than what they’re actually saying.  I think that has particularly been the case at the homeless legal clinic.  Sometimes you are talking to people who have been involved in significant domestic violence issues and while some people can talk openly about it, others cannot. 

When asked about whether participating in pro bono changed his view of law, he noted:

What changed my view of the law was learning that lawyers have an ethical obligation to helping people in need gain access to the justice system.  I feel like that ethical obligation corresponds with my own notions of what a personally productive career would be and what is an appropriately civic minded individual.

In his co-President role, he actively speaks about pro bono and encourages other students to participate. Specifically:

When I talk to other law students about the Pro Bono Program I usually like to stress to them that this is an opportunity to interact with actual people, the kind that you are going to interact with as a real attorney, and that law students should take those opportunities whenever they can get them. 

This kind of interaction is an education in its own right, and the ability to communicate complicated ideas to people in a manner that is easily understandable is an essential component to being a good advisor, which itself is essential to being a good lawyer. 

I usually conclude by saying that, if nothing else, it feels good to be able to help people that need it and that as lawyers we have an ethical obligation to do exactly this kind of work.

I’m looking forward to hearing more from this valuable pro bono leader!

~RFW