SC Access To Justice Weblog

Exploring ways to expand and enhance legal services to South Carolinians with low income or of modest means

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 , , , , , , , , , , , ,

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 , , , , , , , ,

Guest Blog: Cindy Coker – Keeping the Promise

Keeping the Promise

Cindy Coker

When I was a kid, we learned and recited in class the Pledge of Allegiance.  The final words,..with liberty and justice for all…carried a powerful message.  And for an 8 year old, justice meant playing fair in games and not picking on kids – or being picked on.

Several years later (and no, we won’t discuss how many!) I was saying similar words again when I took the new lawyers oath.  I will assist the defenseless or oppressed by ensuring that justice is available to all citizens… Wow, what a promise to make!

Recently the Legal Services Corporation released its updated report on the justice gap in America.  For every client that a legal services program is able to help, at least on is turned away.  I’m not sure who picks up the slack in other states, but in South Carolina, it’s the volunteers of the Pro Bono Program.  Since 1986 S.C. lawyers have given hundreds of thousands of hours in pro bono service.  Those hours have involved hand holding clients, appearing in court, helping a woman get out of an abusive relationship, ensuring visitation for a father with his children, helping a family keep their home or doing what could be done to make the inevitable less painful.

The Pro Bono Program also provides opportunities for lawyers to help educate the public through legal clinics, Law School for Non-Lawyers and Ask-A-Lawyer phone banks.

Unfortunately, the need exceeds the supply.  Liberty and justice for all, while the ideal, is not the reality.  But, we have a chance to make a difference.  We have a chance to keep the promise and close that gap.  We just need a little more help!  Can we count on you?

Pro Bono….Keeping the promise!

Filed under: 1, Ask-A-Lawyer, 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 Pro Bono Program, access to justice, access to justice blog, advocacy, attorney, blog, indigent, legal aid, poverty, pro bono, public interest attorney , , , , , , , , , , ,

Guest Blogger: Cynthia Cothran, LRE Director at the SC Bar

Help make mock trial rock!

CIMG5080

Volunteers Needed!

It is that time of year again!

The Law Related Education (LRE) Division is seeking volunteers for its growing mock trial programs, which teach middle and high school students about the legal system through trial role playing. Mock trial volunteers enjoy the thrill of competition while scoring and presiding over trials. LRE not only needs volunteers to score the competitions, but attorney coaches to help prepare the teams.

WANT TO SCORE A COMPETITION?

Competitions Dates and Locations are as follows:

October 31, 2009 Middle School Mock Trial Regional Competitions (Charleston (full), Columbia, Conway and Greenville)

November 21, 2009 Middle School Mock Trial State Competition (Lexington) (full)

February 27, 2010 High School Mock Trial Regional Competitions (Charleston, Columbia, Conway, and Greenville)

March 12-13, 2010 High School Mock Trial State Competition (Columbia)

WANT TO COACH?

If anyone is interested in serving as an attorney coach instead of a scoring judge, there are several high schools that need attorney coaches that are as follows:

Berkeley County: Cane Bay High School

Horry: Carolina Forest High School

Richland: Lower Richland High School, Ridgeview High School, Spring Valley High School

York: Nations Ford High School, Westminster Catawba Christian School

Pickens: D.W. Daniel High School

All mock trial volunteers earn pro bono credit for their hours dedicated to the mock trial program. To learn more or volunteer, contact Cynthia H. Cothran at ccothran@scbar.org or at (803) 252-5139.

Filed under: 1, Law, Law Related Education, Legal, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, access to justice, access to justice blog, advocacy, attorney, blog, children, pro bono , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Attorneys + Depression= Deadly Mix

October 4-10, 2009:  Mental Illness Awareness Week

Right now I’m wearing two hats – that of  Attorney and Mental Health America of South Carolina Board Member. And it’s for my love for both that I bring this topic to the forefront. As I received the e-newsletter from MHA SC announcing Mental Illness Awareness Week, I was reminded of information I’d heard a few years back when I attended a Lawyers Helping Lawyers annual conference in Charleston – Attorneys are diagnosed with clinical depression at 4 times the rate of the general population.

ATTORNEYS ARE DIAGNOSED WITH CLINICAL DEPRESSION AT 4 TIMES THE RATE OF THE GENERAL POPULATION.

Whoa!

And, the Lawyers Helping Lawyers conference also quoted statistics about attorneys and addiction. Again, the profession tends toward higher rates of alcohol and substance abuse than most.

My goal today is to let attorneys who are feeling depressed know that You Are Not Alone. And there is hope.

You can get a free anonymous online screening from MHA SC. And if you want to talk with someone, contact Lawyers Helping Lawyers (LHL) at 1-(866) 545-9590 or contact an LHL committee member directly. This is a confidential program.

Don’t wait to get help. It may save your practice. It can save your life.

-RFW

PS – A really great video on suicide and its impact is available online at http://www.someoneyouknowsc.org/.

Filed under: 1, Law, Legal, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, access to justice, access to justice blog, attorney, blog , , , , , , , , , , , , , , ,

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 , , , , , , ,

PAI: A Great Way to Keep the Lights On

PAI – Private Attorney Involvement

If you are unfamiliar with PAI aka Private Attorney Involvement, a program that incorporates private attorneys into the legal services system of representation on a local basis, then please keep reading.

The following announcement appeared earlier today in the SC Bar’s E-Blast:

Attorneys needed for paid cases
South Carolina Legal Services is required by federal funding to hire private attorneys to take on cases. The rate is $65 per hour. Most of the cases are physical cruelty, divorce and bankruptcy. This is a great opportunity for young attorneys from Richland, Lexington, Sumter, Lee and Kershaw counties to get experience. Contact Brett L. Lamb at (803) 744-4167 or brettlamb@sclegal.org for more information.

This is a wonderful opportunity for new attorneys to gain experience and pay the bills.  If you are a young attorney striking out on your own, or a more experienced attorney looking for an opportunity to slow down your practice while remaining involved, please consider PAI. AND it has the added benefit of assisting people who otherwise would not be able to hire legal representation.

Thanks SC Bar for bringing this important program to light!

-RFW

Filed under: 1, Ask-A-Lawyer, Law, Legal, Right to Counsel, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, divorce, domestic violence, legal aid, poverty, public interest attorney , , , , , , , , , , , , ,

SC Bar Board of Governors approves Pro Bono Committee

Woot!


Pro Bono Committee approved

BREAKING NEWS from the 9/10/09 E-Blast from the SC Bar:

Board of Governors meets

The Bar’s Board of Governors met today in Columbia.

The Board approved a proposal to appoint a Pro Bono Committee to support the Pro Bono Program of the Bar.

Good news!

-RFW

Filed under: 1, Law, Legal, Right to Counsel, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Pro Bono Program, access to justice, access to justice blog, attorney, blog, pro bono, self-represented litigant , , ,

SC Access to Justice Commission’s Recommendations re: Rule 608

After the E-Newsletter was distributed earlier this week, the Commission received many requests from individuals and organizations wanting to review the recommendations.

Below is a copy of the cover letter as well as the accompanying exhibits:

COLUMBIA-#6098475-v1-071509_rule_608_ltr_to_chief_justice _2_

Exhibit A1 – Recommended amendments to RULE 608 _2_

Exhibit A2 – RULE 608 – redline _2_

Exhibit B – 5 Appts per Region 7 8 09

Exhibit C – Statement of April 2009 re 608 _2_

Exhibit D – Access Subcommittee filing 6 09 v4 _4_ _2_

-RFW

Filed under: 1, Civil Gideon, Court, Law, Legal, Legal Documents, Right to Counsel, Rule of Law, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, attorney, blog, constitution, court innovation, indigent, legal aid, poverty, pro bono, public interest attorney, self-represented litigant , , ,

Congratulations Vickie Eslinger!

In case you haven’t already heard, SC Appleseed Legal Justice Center has named Columbia attorney Victoria L. Eslinger as their 2009 Advocate of the Year!

Advocate of the Year award is awarded each year to an advocate within the South Carolina legal community who provides a strong voice for low-income children and families.

Congratulations Ms. Eslinger!

For details on the Award Event, visit http://www.scjustice.org/advocateoftheyear.html.

-RFW

Filed under: Law, Legal, SC Appleseed Legal Justice Center, SC Bar, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, access to justice, access to justice blog, advocacy, attorney, blog, children, indigent, legal aid, poverty, poverty guidelines, public interest attorney , , , , , ,

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