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

Dear New SC Bar Admittees, (11/16/09)

November 16, 2009

Dear New SC Bar Admittees,

Welcome to the Profession! And congratulations, you are now officially an attorney.

And here are my “starting out” tips:

• When you are in your next meeting and someone notes that the particular issue sounds like it may have legal ramifications and then they say, “well, let’s ask the attorney:” that’s NOT the time to look around the room for the attorney. That’s YOU! (true story)
• When a distant family member calls to ask you for an opinion about something that doesn’t exactly appear to have a basis in law, beware. More than likely they are looking for free legal advice. (again, based on actual incidents – note plural)
• When someone asks you to do something that doesn’t “feel” right, take a moment to analyze what it is they’re asking. And if you still don’t “feel” good about it, DON’T DO IT.
• Attend Ethics CLEs and take good notes. Then apply your notes to your practice. There’s a reason that we’re required to have Ethics CLE credits in addition to our regular CLE credit.
• Read the Lawyer’s OATH. Now reread it. (see below for the Oath) Note that it is an oath, meaning that you have sworn/affirmed to uphold the charges within.
• Follow the principles outlined in the Lawyer’s Oath.
• In addition to the mentor you will receive via the Mentor Program, keep in touch with people you admire and seek them out for advice and company every now and then.
• Network, for many reasons: (1) to stay in touch with colleagues, (2) to meet potential clients, (3) for job opportunities, (4) to keep abreast of change in your community and within the legal profession, and (5) for your health.
• Don’t be afraid to ask for help. The SC Bar has many resources available to attorneys including Practice Management Assistance, Ethics’ Advisory Opinions, and Lawyers Helping Lawyers to name a few. If you need help, get it before you receive a letter from the Office of Disciplinary Counsel.
• Participate in Pro Bono. There are many ways to participate through your firm’s program, county bar programs or via the SC Bar’s Pro Bono Program.
• Take your role seriously, but have a good time. You are an officer of the court. You are a leader, whether you think so or not. People will look to you for guidance, especially when times are tough. Maintain your professional demeanor, but keep your humanity.
• Remember, you’re not alone. There are thousands of attorneys still licensed to practice in this state. I’ve not yet met one who isn’t willing to give advice to or befriend a starting attorney. Even if you don’t “know” us, contact us. It could be the start of a lifelong friendship.

Best,

Robin

Lawyer’s Oath

I do solemnly swear (or affirm) that:

I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge those duties and will preserve, protect and defend the Constitution of this State and of the United States;

I will maintain the respect and courtesy due to courts of justice, judicial officers, and those who assist them;

To my clients, I pledge faithfulness, competence, diligence, good judgment and prompt communication;

To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications;

I will not pursue or maintain any suit or proceeding which appears to me to be unjust nor maintain any defenses except those I believe to be honestly debatable under the law of the land, but this obligation shall not prevent me from defending a person charged with a crime;

I will employ for the purpose of maintaining the causes confided to me only such means as are consistent with trust and honor and the principles of professionalism, and will never seek to mislead an opposing party, the judge or jury by a false statement of fact or law;

I will respect and preserve inviolate the confidences of my clients, and will accept no compensation in connection with a client’s business except from the client or with the client’s knowledge and approval;

I will maintain the dignity of the legal system and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

I will assist the defenseless or oppressed by ensuring that justice is available to all citizens and will not delay any person’s cause for profit or malice;

[So help me God.]

Filed under: 1, Court, IOLTA, Law, Legal, Right to Counsel, Rule of Law, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Pro Bono Program, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, blog, pro bono, public interest attorney , CLE Credit, Ethics CLE, Ethics' Advisory Opinions, Lawyer's Oath, Lawyers Helping Lawyers, Leader, Mentor Program, Office of Disciplinary Counsel, Practice Management Assistance, SC Attorneys, SC Bar Admittees, South Carolina Bar

The GOOD Lawyer

Imagine this scenario:

Child is removed by SC DSS from a single parent home due to allegations of child abuse or neglect.  Single parent, a mother, is working, but making very little and falling well within the federal poverty guidelines.

Child is assigned an attorney Guardian ad Litem (GAL) to represent the child in court. The GAL, whether attorney, SC Volunteer GAL Program or Richland County CASA volunteer, looks out for the child’s best interest.

Mother cannot afford an attorney.

At the first SC DSS hearing, Mother asks the court to provide her with an attorney. The attorney GAL walks with Mother to the Clerk of Court’s office to help her fill out paperwork to apply for a court-appointed attorney. The clerk asks Mother for the $40 fee to accompany the application. Mother does not have $40 to pay the fee. Mother does not have $20 to pay the fee. The attorney GAL asks if the clerk can make an exception and waive the fee. The clerk refuses to waive the fee. Mother has no attorney.

The attorney GAL is concerned. She is aware that Mother cannot afford an attorney, and that this is a serious legal issue; one in which there is potential for Mother to lose custody of her child. And Mother is unrepresented.

Do you think this is FAIR? Do you think this is JUSTICE?

What if I tell you that this scenario is real? Does that change your mind?

Well, it is based on a similar real-life situation.

Fact Recap: Child taken from single parent – Mother – based on allegation of abuse and neglect. Mother works, but does not make a lot of money. Mother shows in court unrepresented. Mother tries to get attorney appointed WITH assistance from attorney representing her child. The Mother is still not able to get an attorney to represent her because she CANNOT pay $40 filing fee and is unable to get a waiver.

What happens next?

Attorney representing Mother followed up. She contacted several people, none of whom were judges, to see if anything could be done to waive the fee. She was given a contact name and followed up. Mother will be receiving a court appointed attorney.

Does this mean Mother will prevail?

Not sure. It will depend on the facts of the case and adherence to any treatment plans or court orders.

Does it mean that the GAL thinks the child should have stayed in the home?

I don’t know. Honestly I didn’t ask the question. Either way though, the Mother is in the midst of a crisis. Her child has been removed from her home. It’s likely that she is (choose one:) distraught/embarrassed/angry/other emotion . As I’ve noted on numerous occasions, when emotions are high, it sometimes takes away our ability to reason or rationally make an argument or listen to court proceedings. An attorney provides a buffer for the emotional client, and makes the proceedings more well-reasoned.

So? Why are you bringing up this issue?

Because I so often hear that attorneys are just *blankety-blank bottom-feeders* AND I know better. And this is a perfect example of that. This attorney went beyond her ethical duty to ensure that the Mother in a case receives legal assistance.

Unfortunately I won’t give more details or name the attorney because this is an on-going case and I don’t want to identify anyone or give away confidences. Suffice it to say that this attorney will hold a dear place in my heart.

Thank you anonymous attorney!

-RFW

Filed under: 1, Court, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, access to justice, access to justice blog, advocacy, attorney, blog, children, court innovation, indigent, poverty, poverty guidelines, pro bono, public interest attorney, self-represented litigant , abuse and neglect, attorney appointments, Attorneys, CASA, child protection, Civil Gideon, court-appointed attorney, GAL, Guardian ad Litem, Richland County CASA, Rule 608 attorneys, SC DSS, SC GAL, The Good Lawyer

Pro Bono: USC School of Law

If you attended USC School of Law anytime after 1989, chances are you met Pamela D.  Robinson, the director of the Pro Bono program there. And it’s more likely than not that you participated in one of  the programs she coordinates.

Think not? Think again! How about the Harvest Hope food drives?

Take a look to see how far they’ve come (just last spring).

And I received information today that:

Over the last 15 years the USC School of Law “Best Class Food Drives” have resulted in the donation of 243,600 pounds of food to help Harvest Hope Food Bank meet the needs of their clients.

With the Fall Food Drive we expect to go over the 1/4 pound mark.  In addition hundreds of law students have learned about hunger in SC and how everyone can be a part of the solution.

-RFW

Filed under: 1, Law, South Carolina, South Carolina Access to Justice Commission, USC School of Law, access to justice, access to justice blog, blog, hunger, law students, poverty, pro bono, public interest attorney , pro bono, pro bono publico, USC School of Law, Harvest Hope, Pamela D. Robinson, USC School of Law Pro Bono, Harvest Hope Food Bank, Fall Food Drive

PRO BONO Celebration: With a Proclamation!

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

Very pleased to share:

Filed under: 1, Ask-A-Lawyer, Charleston Pro Bono Legal Services, Law, Legal, Legal Clinic, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog, indigent, legal aid, poverty, pro bono, public interest attorney , Charleston Pro Bono Legal Services, Celebrate Pro Bono, Virginia Howell, City of Charleston, Joseph P. Rily Jr., Mayor of Charleston

MILESTONE: Charleston School of Law Pro Bono

Celebrating Pro Bono South Carolina Style

From the October 27, 2009 Press Release:

In the five years since the Charleston School of Law started, students have donated more than 100,000 hours of free legal service to people across South Carolina. The public service milestone is the equivalent of 50 people working full-time for a year.

To read more.

-RFW

Filed under: 1, Charleston School of Law, Law, Legal, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, blog, indigent, law librarians, law students, poverty, pro bono , pro bono, Charleston School of Law, South Carolina Style, Charleston School of Law Pro Bono

Pro Bono in Action! RichBar and HELP

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

Filed under: 1, Law, Legal, Legal Clinic, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, homeless, housing, hunger, indigent, legal aid, poverty, poverty guidelines, pro bono, public interest attorney , HELP, homeless, Homeless Experience Legal Project, Judge Zainey, pro bono, Richland County Bar Association

Domestic Violence Awareness Month – Richland County Bar Helps!

Thanks to Guest Blogger Elizabeth Cook! And my apologies for not uploading earlier.

The Richland County Bar Association is hosting a fundraiser on October 22, during Domestic Violence Awareness Month, to raise money for Sistercare, a local organization that provides services for battered women and their children—and we need your help!  Please join us for a shrimp boil and silent auction to benefit Sistercare on Thursday, October 22, 2009, at 6:00 at the University House.  We’re going to have a great time enjoying a delicious shrimp boil and fried chicken with fixin’s from Seawell’s, the traditional Bluegrass music of The Carolina Rebels, door prizes, and bidding on an array of auction items.

Please take the time to view this brief video to learn about victim services in South Carolina, Sistercare and how your support can help them provide much-needed legal services to battered women in the midlands.

Sistercare has lost a significant portion of its grant funding, like so many other service organizations during the recent economic downturn.  This loss of funding is directly impacting Sistercare’s ability to provide legal services and support to the women it serves.  Your tax-deductible contribution will be used to supplement Sistercare’s budget for legal work, allowing Sistercare’s attorneys and court advocates to better represent the interests of its clients.  Sistercare is dependent on donations from individuals and groups to survive right now—please consider donating to this worthy cause.

For more information about Sistercare, visit www.sistercare.com .  For more information about the shrimp boil and to make a reservation or donation, contact the Richland County Bar at 771-9801 or mail your check to Richland County Bar, PO Box 7632, Columbia, South Carolina 29202.  Thank you in advance for supporting the indispensable services provided by Sistercare.  We look forward to seeing you on October 22^nd; your donation will truly make a difference!

 

PS – Spoke with Elizabeth Cook. They raised $3,000 for Sistercare with this fundraiser.

Filed under: 1, Law, Legal, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, advocacy, attorney, blog, divorce, domestic violence, housing, indigent, legal aid, poverty, pro bono, public interest attorney , Richland County Bar Association, domestic violence awareness month, SisterCare, The State, University House, Seawell's, Nancy Barton, Larry Barker, The Carolina Rebels

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

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

Filed under: 1, Ask-A-Lawyer, IOLTA, Law, Legal, Legal Clinic, Right to Counsel, Rule of Law, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Bar Pro Bono Program, WIS TV, access to justice, access to justice blog, advocacy, attorney, blog, indigent, legal aid, poverty, pro bono, public interest attorney , LATIS, Legal Aid Telephone Intake Service, SC Bar Foundation, Ask-A-Lawyer, WIS TV, Celebrate Pro Bono Week, AAL, SC Bar Lawyer Referral Service