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

New Resource for SC Seniors and Caregivers

The South Carolina Bar Public Services Division and the Lieutenant Governor’s Office on Aging recently collaborated together with members of the South Carolina Bar Elder Law Committee to update the SOUTH CAROLINA SENIOR CITIZENS’ HANDBOOK: A Guide to Laws and Programs Affecting Senior Citizens. This project was funded by a grant from the Administration on Aging.

Senior Handbook Cover

This is a FREE resource and is now available online at http://www.scbar.org/LinkClick.aspx?fileticket=QL4xW3AqA8Q%3d&tabid=204.

The print versions should start arriving in local South Carolina libraries soon.

This is a great resource for SC Seniors and/or their caregivers; it covers topics related to:

And an entire portion is devoted to a Community Resource Directory.

Even if you’re not yet a Senior or caregiver, you may want to look into some of these sections. The information is really helpful and easily accessible. Plus, it’s never too early to start planning.

~RFW

February 2012 Newsletter

We are pleased to share our latest newsletter.

SCATJC February2012

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

~RFW

Law School for Interpreters: A Success!

Bright and early Saturday morning, 77 people were driving into downtown Columbia to attend the SC Access to Justice Commission’s LEP Work Group “Law School for Interpreters.”

Meanwhile, the sponsors were all busy opening the facility and readying the room and registration tables for each of these interpreters.

At 8:45 a.m., seats filled and the LEP Work Group provided an overview of the day and the program began.

The Agenda:

  • Registration and Breakfast 8:00 a.m.
  • Welcome & Overview 8:45 a.m.
  • Pretest 9:00 a.m.
  • “Oh the Places You Can Go and the People You Can Meet” (Overview of the SC Judicial System) 9:15 a.m.
  • South Carolina State Court Interpreter Certification Program 9:45 a.m.
  • BREAK
  • Circuit Court 10:30 a.m.
  • Family Court 11:15 a.m.
  • Magistrates Court 12:00 noon
  • Catered Lunch
  • Court Process 1:45 p.m.
  • BREAK
  • Panel Discussion & Q&A: Reality Check 3:15 p.m.
  • Post-test, Wrap-Up, & Evaluation 4:45 p.m.

The excitement in the room was palpable. Interpreters greeted one another with hugs, and sometimes questions of “which language do you speak?” And the excitement was not limited to interpreters and translators. Many of the event sponsors were thrilled with the turn-out, especially on a Saturday. Languages represented included Spanish, French, Portuguese, Italian, Chinese, French, and Urdu as well as a few others.

And we’re all excited about the prospect of an additional pool of qualified and certified interpreters and translators in the South Carolina Court System.

Thanks again to our sponsors, speakers, and participants!

~RFW

Celebrate Pro Bono: Allison Humen

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

Meet ALLISON HUMEN, 3L at the University of South Carolina School of Law.

Allison Humen

Allison Humen currently serves as the SBA Liaison to the USC School of Law Pro Bono Board. When asked what drew her to pro bono service, she recalled:

Since I was younger, I have participated in various service projects and organizations.  The Pro Bono program offered the opportunity to continue serving not only the community at-large, but also the legal field which we are all now a part of.  Not only do you get to serve, but you are able to do this alongside your classmates. 

She describes her first major experience with the Pro Bono Program, the Harvest Hope Food Drive in the fall of of 1st year:  

All of the students and professors do a wonderful job of encouraging students to work together to make such a large donation to Harvest Hope each year.  Being a part of this unified effort in giving back to the community proved how much good the school can do.  Since then, I was invited to join the Pro Bono Board, from which I have not only been able to participate in various projects, but also help organize these projects for the student body.

She’s been involved in several pro bono projects over the past few years:

I completed the Guardian ad Litem training in my first year, and since then having been serving as an advocate for the best interests of the children in my cases.  From speaking to older classmates and hearing about their experience with this program, it seemed like the ideal opportunity to help families and children, while being able to participate in the legal process.  Although it is difficult at times by playing an important role in these children’s’ lives and their future, it has been an invaluable experience.  I would recommend this program to every law student.  Not only does this experience remind you of the personal aspect of the law which we are studying, it also gives you practical experience.

 I am currently a Carolina Clerk.  This is a program created by Pam Robinson and Dean Wilcox, which matches volunteer law students with lawyers who have agreed to pro bono client representation.  The Pro Bono Program has widely publicized this new program throughout the school as well as on the school’s website, so I was eager to help kick-off the program and volunteered early.  The current case I am working on is a DSS case, so it has been interesting to work on family law issues from the standpoint of the parent, rather than the children which are the sole focus of the Guardian ad Litem role. 

As a member of a few student organizations I wanted to create a way for different organizations to team up and serve together.  With the help of Pam, the Student Bar Association and the Pro Bono Board initiated Good Deed Friday.  This program gives all of the student organizations, journals, Moot Court Bar, and Mock Trial Bar the opportunity to join together and volunteer a (Fri)day of service at a local charitable organization.  Our first Friday was September 30th, which members of the Student Bar Association, Pro Bono Board, and the Real Property Trust and Estate Law Journal volunteered a few hours at the Harvest Hope Food Bank.  Not only are we helping the community, but we are also strengthening the law school community by enabling student leaders to bond over these “good deeds.”

Any lessons learned from pro bono?

Pro bono work has expanded my view of how many people are in need and are in need in so many different ways.  When you are surrounded by so many fortunate members of the law school community for the vast majority of your time, it is easy to forget how many people go without.  Participating in pro bono has heightened my gratitude for all that I have been blessed with, as well as my compassion for those who have less and my responsibility to help any small way I can.  

What’s your advice to other law students?

Get involved early!  Even if you are afraid you won’t have the time. Everyone in law school is busy, but Pam does a wonderful job of providing a wide-range of opportunities within the Pro Bono Program.  So if you only have one afternoon a month to offer, we will find a place for you to volunteer then!  If you aren’t able to complete the two-week Guardian ad Litem training, there are many ways to volunteer that do not require any additional training! 

Will you continue pro bono service after law school?

My passion for service did not begin in law school, and I am certain that it will not end after graduation.  It is important for every one of us to do pro bono work, and I believe this need is only strengthened once you become a licensed attorney.  At that point, you will have more tools in your belt and therefore be able to serve the community in ways that the majority of the population cannot. 

Thanks for your service Allison! I look forward to hearing more from you in the future!

~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: David C. Shea

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

Meet David C. Shea, South Carolina attorney.

David C. Shea

When asked about what first drew him to pro bono, he responds:

I started in law school, hoping to gain some practical legal experience while at the same time helping others. Having been the first in my family to be financially able to attend a university, much less go to law school, I felt attending law school as a privilege for which a public debt is owed. As long as I can remember, I’ve always been encouraged and helped by family and teachers who thought I might amount to something, so I simply feel a moral duty help out others. This might not be the best reason, but to me it’s just part of my upbringing.

I grew up in South Florida and had an interest in immigration work, and while at USC Law, Pam Robinson had a program which allowed me to help with deportation cases and actually conduct a hearing during my 2L year with attorney supervision. This experience ultimately resulted in me obtaining a highly competitive Department of Justice summer internship in Chicago. So, in a sense, an unintended consequence of pro bono efforts helped jump start my career. 

David Shea’s name kept popping up when I spoke with various people about who to interview for Celebrate Pro Bono. And it’s easy to see why. According to several sources, he “always tries to keep at least one active pro bono case going at any given time, as well as volunteering with the Law Related Education committee’s programs, including Mock Trial.”

When asked about his current pro bono work, he noted:

I just finished a trial for a client for a divorce and child custody issues; the Decree is not even finished yet.

My practice is mainly concentrated in divorce work, so I limit my pro bono intakes to that area. I believe lawyers can be more effective my volunteering in their areas of practice, and the clients are better served as well.

 I take appointments directly from the South Carolina Bar pro bono program, and make a point of being available for questions for the Bar staff who administer and manage the programs. 

He is also active with the LRE Committee, including being a past chair.

I believe the LRE programs are instrumental to educating South Carolina’s students about the law and building the character of our future lawyers and judges, and leaders in general for those who don’t go on to law school.

I asked David about whether his pro bono legal work has been rewarding. Apparently it’s been very rewarding:

I got a hug in the courtroom from my client after my last pro bono divorce trial. Another client made me a cake. Things like that happen more often from pro bono clients than paying clients. I can’t remember a time when I didn’t get at least a “thank you” from a pro bono client, even when I lost.

In mock trial, it’s rewarding to see a shy student blossom into a confident public speaker. I didn’t have mock trial available when I went to school, and I’m shy by nature so it’s extra rewarding to see a student with a background like mine succeed in mock trial.

While not really a pro bono moment, I started out my legal career as a public defender. Years after I had opened my own practice, the spouse of a former public defender client tracked me down to personally give me her husband’s 1997 Master’s golf ball marker. She said her husband had recently died but always talked with her about how much he appreciated me helping him and that she thought I should have it since it was the year I represented him. You just can’t recreate the overwhelming feeling of appreciation from a moment like that – I had no idea prior to that moment what something relatively minor in my life was so major in his life – but the ball marker sits in my office as a reminder to do what’s right, and in a respectful manner, as we might not appreciate what it might mean to someone else. 

His philosophy about pro bono legal service:

I’m fortunate to be blessed with three children, a marriage, and a busy law practice, and time management is getting harder and harder as they all grow. However, as lawyers we need to remember we are fortunate to be positions of responsibility and power not afforded to many professions, and we need to appreciate and accept that. It’s the lawyers who DON’T who cause the bad press for the rest of us.

We all can build in some time to give back to our community if we try, and the rewarding feelings are indescribable. I’ve been active in Mock Trial long enough now that students I’ve met in the competitions are now colleagues, and it’s rewarding for one of them to approach you at a function to say “I remember when you did … back when I was in high school.”  

Given the nature of many domestic pro bono cases, oftentimes trial is more likely than settlement, thus it doesn’t serve your family, the courts, or your clients well to get overextended. Do what you can, but keep perspective and balance. We all have our areas of interests and expertise, and between all the pro bono opportunities available to us through the S.C. Bar, our county Bars, the law schools, and the community in general, there’s an opportunity available for most any lawyer whether you want a few hours or a long term project.

Just as being a divorce lawyer is good for a marriage in terms of seeing what doesn’t work for others, doing pro bono work is good for a healthy legal mind and body in terms of doing for others what they can’t do for themselves.

Unfortunately, I see a lot a lawyers who probably would be much happier if they would let themselves experience a pro bono moment once in a while, as it would take them back to the days of idealism and helpfulness they had when they first dreamt of being a lawyer. The lawyers who entered our profession just for the financial rewards will dismiss this and go back to their work, if they are even reading this at all.

It you haven’t volunteered in a long time and my comments have actually given you pause, we still need some more judges for the Middle School Mock Trial competition in November and December. Do yourself a favor and call 803-252-5139 to volunteer right now while you are feeling guilty and longing to feel rewarded! 

Not surprisingly, David C. Shea’s volunteer work extends beyond his legal work, he also belongs to the Richland Sertoma Club, an organization dedicated to helping Midlands citizens and those with speech, hearing and language disorders. He is also a Cub Scout Den Leader to a wild, diverse, and fun group of first graders. 

I cannot imagine a better role model for those first graders! Thanks Dave!

~RFW