Who is this man?

Meet Bradley Ridlehoover.

Why is he important?

Because as of this summer, he has been working as a deferred associate at South Carolina Legal Services in Greenville in their Low Income Taxpayer Clinics area.

So how did he end up there?

Well, he started out in the Piedmont area, with an interest in law. Enter tax law. He went on to get his LLM (Master of Laws) in tax and was set to start work at Kilpatrick Stockton LLP. About that time, he was deferred and held some adjunct teaching positions, but then met up with some Greenville SCLS staff attorneys and before long, he was working in the office there.

When I spoke with Brad, he mentioned that he has enjoyed his work at SCLS. He is especially pleased that he was given such a broad exposure to the legal issues that so many people face. He has had client interaction from the start and has really enjoyed working with his SCLS colleagues.

His biggest eye-opener?

The fact that so many of his clients don’t know how to advocate for themselves. Many of the people coming in with tax problems don’t understand that they need to respond to the demand letters. They don’t know the next step. They can’t do this on their own and they can’t afford to hire anyone. Many times they’re victims of predatory lending and have a lot of personal debt with huge interest rates. They are stuck until they reach out to us for help. They are good hard-working people who are stuck and often we can help them resolve the issue quickly.

His Takeaway?

If you are an attorney just starting out and even if you’re not interested in working for legal services on a permanent basis, this is still a great place to get pro bono experience or to volunteer.

1. It is rewarding.
2. You get good practice drafting.
3. You have fabulous opportunities for trial experience.
4. And the clients are wonderful.

Plus it’s a great place to give back to the community.

What changes would he make to his experience at SCLS?

More time. More time to expand to other legal issues. He focused on tax because of the need, but legal services is a great place to learn so many areas of the law. It’s a great place to learn to be a generalist.

As we spoke it was obvious he had tremendous respect for the attorneys he worked with – “they are experts in so many areas but also practice in such a broad range.” They have to be – so much of what they do covers so much of the law – tax law, family law and benefits.

If he could change SCLS, what would he change?

I’d raise awareness about SCLS. It’s a great community resource. And the staff are motivated, interested individuals who want to be a part of this community. They do great work.

And his final words?

I’m a better lawyer because of this experience.

And we appreciate that. Thanks Brad!

-RFW

Filed under: 1, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Readability, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, legal aid, poverty, poverty guidelines, public interest attorney , Bradley Ridlehoover, deferred associate, Greenville, Kilpatrick Stockton LLP, legal aid, legal services, LLM, Low Income Taxpayer Clinic, Master of Laws, Piedmont, SCLS, South Carolina Legal Services, volunteer

12/10/09: The Honorable Daniel R. Eckstrom

Last Thursday, I attended and spoke at the Lexington County Bar’s Annual Conference. Among the presenters were The Honorable James O. Spence, Master-in-Equity; Desa Ballard, Private Attorney; The Honorable Richard C. Collins, Magistrate;  The Honorable Daniel R. Eckstrom, Probate Court; and me.

This post covers the Honorable Daniel R. Eckstrom, Lexington County Probate Judge.

Judge Eckstrom began his presentation with an acknowledgment that the number of self-represented litigants is rising – in all levels of court. He noted that it is especially important for judges to be impartial in perception AND fact. He noted that as judges we should explain more about the process. As attorneys, when the other side is self-represented, we need to make sure that we are very clear about who we represent – especially when there are multiple parties involved.

Good info!

If you want more information about this CLE, watch the SC Bar’s website. The presentation was filmed and will be available for distance learning at a later date!

-RFW

Filed under: 1, Court, Law, Legal, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Courts, access to justice, access to justice blog, attorney, blog, court innovation, elderly, self-represented litigant , CLE, Continuing Legal Education, Lexington County, Probate Court, Probate Judge, self-represented litigants, SRLs, The Honorable Daniel R. Eckstrom

12/10/09: The Honorable Richard C. Collins

Earlier today, I mentioned that last Thursday, I attended and spoke at the Lexington County Bar’s Annual Conference. Among the presenters were The Honorable James O. Spence, Master-in-Equity; Desa Ballard, Private Attorney; The Honorable Richard C. Collins, Magistrate;  The Honorable Daniel R. Eckstrom, Probate Court; and me.

This post will cover Judge Collins’ portion of the presentation.

Judge Collins is a Magistrate in Lexington County (Oak Grove); he is also an attorney. Even more exciting – he had only 24 hours to prepare for the presentation. Unfortunately the scheduled speaker had an unexpected conflict. But he had done his homework.

His advice?

First, RESPECT. Attorneys need to remember that they are officers of the court. They need to listen to self-represented litigants (SRLs). Really listen. Without interruption. They need to RESPECT SRLs. Sure, make objections for the record, but not over and over. SRLs want to be heard. They want their day in court. Let them say what they need to say without interruption!

Second, this is likely the most important day for the SRL. While judges and attorneys hear similar stories, the difference each day is the person involved. And to that person, this is a hugely important day. Have PATIENCE. Judges – explain the procedure, what’s happening. Attorneys – show them respect and let them speak. And let the Judge explain what’s happening without interrupting.

Good advice Judge Collins!

-RFW

Filed under: 1, Court, Law, Legal, Plain English, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, access to justice, access to justice blog, attorney, blog, court innovation, indigent, self-represented litigant , 12/10/09, Judge Collins, Lexington County, Magistrate, Magistrate Court, Oak Grove, Patience, Respect, self-represented litigant, The Honorable Richard C. Collins

12/10/09: Desa Ballard

Earlier I mentioned that I attended and spoke at the Lexington County Bar’s Annual Conference last Thursday. Among the presenters were The Honorable James O. Spence, Master-in-Equity; Desa Ballard, Private Attorney; The Honorable Richard C. Collins, Magistrate;  The Honorable Daniel R. Eckstrom, Probate Court; and me.

In a previous post were notes I made from Judge Spence’s presentation. This post will cover notes from Desa Ballard’s presentation.

Now, if you’re an attorney practicing in South Carolina, you’ve probably heard of Desa – via the Advance Sheets. A quick Google search turns up a good many instances in which Desa is counsel in Attorney Discipline cases. Often when Desa speaks, people listen. She offers good advice and ethical guidance.

After Judge Spence offered his words of wisdom, Desa referenced that when working with SRLs, we need only reference familiar material – the book “All I Really Need to Know I Learned in Kindergarten” by Robert Fulghum – specifically PLAY FAIR.

Of particular note, she mentioned that most of her discipline cases begin with a notion of fairness or lack thereof. In most instances, the aggrieved party alleges that they were not treated FAIRLY. And, if the attorney has no objective witness (i.e. court reporter) to substantiate what was said, the case becomes very complicated very quickly.

Desa noted that there are two standards for SRLs – criminal and civil. In criminal courts, there is an absolute right to represent oneself. In some instances, courts will appoint “stand-by” counsel. She noted that these appointments should not be entered into lightly. Point of reference – a 2007 ABA Advisory Opinion directly on point. The attorney owes a duty to the system, with very limited obligations to the “client.” In fact, the attorney is expressly prohibited from interfering with the SRL’s decisions of how to represent himself.

She referenced Rules 4.2 and 4.3; noting that attorneys should refer back to them to make sure we understand our role. Rule 4.2 is especially important when attorneys are representing ourselves or our friends. Rule 4.3 helps us clarify our role when we are representing our clients against self-represented litigants.

When Desa mentioned “ghostwriting,” a popular topic recently, she emphasized that we, the attorneys, are the ones who are supposed to be objective AND professional. Additionally, we can and should refer back to rules to ensure that we are acting appropriately within our ethical guidelines. After all, as attorneys, we are bound by ethics!

-RFW

Filed under: 1, Court, Law, Legal, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, attorney, blog, court innovation, pro bono, public interest attorney, self-represented litigant , 2007 ABA Advisory Opinion, Advance Sheets, Annual Conference, Attorney Discipline. Robert Fulghum, Desa Ballard, Fair, fairness, ghostwriting, Lexington County Bar, Magistrate, Master-in-equity, pro se, Probate Court, SRLs, The Honorable Daniel R. Eckstrom, The Honorable James O. Spence, The Honorable Richard C. Collins, Unbundled Legal Services, Unbundled Services

12/10/09: Judge Spence

Yesterday I was honored to attend and be a speaker at the Lexington County Bar’s Annual Conference. Presenters were The Honorable James O. Spence, Master-in-Equity; Desa Ballard, Private Attorney; The Honorable Richard C. Collins, Magistrate;  The Honorable Daniel R. Eckstrom, Probate Court; and me.

The Topic?   Ethical Issues with Pro Se Litigants

Judge Spence opened the session. He noted that how judges and attorneys interact with self-represented litigants (SRLs) depends on them first making a philosophical decision. He showed film clips from The Green Mile and 300.

From The Green Mile:

Paul Edgecomb: What do you want me to do John? You want me to let you run out of here, see how far you can get?
John Coffey: Why would you do such a foolish thing?
Paul Edgecomb: On the day of my judgment, when I stand before God, and He asks me why did I kill one of his true miracles, what am I gonna say? That is was my job? My job?

From 300 we learn:

300 tells the story of the Battle of Thermopylae in 480 B.C. Persians under the rule of King Xerxes have already taken over some of the Hellenic city-states, and now threaten Sparta and Athens. King Leonidas of Sparta is left with two options: he will either have to sacrifice himself for the well-being of Sparta or watch it burn to the ground. Choosing the former, Leonidas forms an army of 300 Spartan warriors to block the narrow passage of Thermopylae where Xerxes intends to reach Hellas. On the road they meet some allies, who are shocked that the Spartans are sending such a small force. Leonidas asks the professions of the allied army, who are craftsmen and artisans. He points out that he has brought more soldiers than they.

Judge Spence also offered 3 other points for us:

1. Mom’s Advice: Be Nice and Play Fair!
2. Viewing Norman Rockwell’s 1961: Do Unto Others
3. A snippet from The Byrds “Turn, Turn, Turn” aka Ecclesiastes 3:1

Takeaways?

• We learn that as attorneys and human beings, we are each responsible for how we treat others.
• As judges and attorneys, we are officers of the court. We are responsible for public trust in us. We gain this trust through respect, dignity and patience. We should be judicious with Summary Judgment motions.
• We should schedule status conferences and explain standards clearly.
• We should use Court Reporters to ensure that our words are recorded. This also reminds us that we are “on the record.”
• SRLs are not one size fits all. They cannot be characterized with broad strokes. Instead they come in all shapes and sizes, like the Armour Hot Dog song.
• If you are having a hard time, go back to the basics – why did you go into law? It probably wasn’t to take advantage of others. Revisit your motives.

Next installment: Desa Ballard.

-RFW

Filed under: 1, Continuing Legal Education, Court, IOLTA, Law, Legal, Legalese, 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, court innovation, foreclosure, housing, indigent, poverty, public interest attorney, self-represented litigant , 1961, 300, Annual CLE, Armour Hot Dog song, Athens, Battle of Thermopylae, Desa Ballard, Do Unto Others, Ecclesiastes 3:1, Hellas, Hellenic city-states, John Coffey, Judge Spence, King Leonidas, King Xerxes, Lexington County Bar, Magistrate, Master-in-equity, Mom's Advice: Be Nice and Play Fair, Norman Rockwell, Paul Edgecomb, persians, Probate Court, Sparta, Summary Judgment, The Byrds, The Green Mile, The Honorable Daniel R. Eckstrom, The Honorable James O. Spence, The Honorable Richard C. Collins, Turn

SCLS Presents: FREE Foreclosure Clinic 12/12/09

This Saturday, South Carolina Legal Services is hosting a FREE Foreclosure Clinic in Greenville, SC at United Way of Greenville County.

For details, read FORECLOSURE CLINIC FLYER.

Who should attend: Homeowners who have been sued for foreclosure

Where is it: United Way of Greenville County, 105 Edinburgh Ct., Greenville, SC 29607

How do I register: Call 864-679-3249

Space is limited.

-RFW

Filed under: 1, Court, IOLTA, Law, Legal, Legal Clinic, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, foreclosure, homeless, housing, indigent, legal aid, poverty, public interest attorney , 12/12/09, 2009, December 12, FREE Foreclosure Clinic, SCLS, United Way of Greenville County

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

Happy Thanksgiving!

The South Carolina Access to Justice Commission will be closed for the Thanksgiving Holiday from Wednesday, November 25th through Friday, November 27th. We will re-open on Monday, November 30th.

Have a safe and pleasant Thanksgiving!

Happy Thanksgiving!

Filed under: 1, South Carolina, South Carolina Access to Justice Commission, access to justice, access to justice blog, attorney, blog , SC access to justice commission, SCATJ, Thanksgiving Holiday

Thanks SCLS!

Earlier this month I was invited to attend the South Carolina Legal Services (SCLS) Annual Conference in Myrtle Beach.  And it’s hard for me to express the feelings I had. Everyone was welcoming to me and I had a great time. Even better, I came away with a better understanding of what SCLS does and the dedication their staff has to their job. In fact, I dare say that many SCLS attorneys and support staff believe that their work is a calling. I was glad to be a part of SCLS for 3 days!

And I’m thankful for the work they do including:

1. To keep people in their homes;
2. To make sure people are able to access benefits;
3. To help people out of unsafe living conditions; and
4. To let people know that they are not alone in the civil legal system.

Below are some photos from the Conference: (I wish I had more to share, but most shots were under- or over-exposed)

Opening Dinner 11/10/09

George Cauthen, SCATJ Commissioner and SCLS Board Member

Getting to Know Staff Begins

Singing

Singing with guitar accompaniment

Poetry

Flute Solo

The Fashion Show Begins

Models

More Fashion

Like New York Fashion Week

Fierce

Making it work (a la Tim Gunn)

Let the Votes Begin

More Fashion Votes

Door Prize

Agenda

Consumer Law

More Consumer Law Issues

Attentive Students

Continuing Legal Education

The Knowledgeable Panel

Truth in Lending Act

Willard N. Timm, Jr., Assistant Director, Tax Clinic, Georgia State University

Jada Charley introduces Steve Cook to speak re: Assistive Technology

Again, many thanks SCLS!

-RFW

Filed under: 1, Law, Legal, Legal Clinic, South Carolina, South Carolina Access to Justice Commission, South Carolina Legal Services, access to justice, access to justice blog, advocacy, attorney, blog, disability, domestic violence, foreclosure, homeless, housing, hunger, indigent, legal aid, poverty, poverty guidelines, public interest attorney , Assistive Technology, Consumer Law Issues, Flute Solo, George Cauthen, Georgia State University, Jada Charley, Kingston Plantation, Myrtle Beach, New York Fashion Week, Poetry, SCATJ Commissioner, SCLS, SCLS Annual Conference 2009, SCLS Board member, Singing, Singing with accompaniment, Steve Cook, Tax Clinic, Tim Gunn, Truth in Lending Act, Willard N. Timm