SC Access To Justice Weblog

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

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 , , , , , , , ,

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

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

Last Week to Nominate for Ellen Hines Smith Award

You have until November 15th to nominate a South Carolina Legal Services attorney for the Ellen Hines Smith Award.

This year the award event is especially exciting because it will take place during the South Carolina Bar Foundation’s Annual Gala on March 11, 2010.

I can’t wait to learn who receives the award!

-RFW

earlier post

Filed under: 1, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Bar, South Carolina Bar Foundation, South Carolina Legal Services, access to justice, access to justice blog, attorney, blog, indigent, legal aid, poverty, 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!

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

SC ATJ attends the SC Clerk of Court Conference 10.1.09

Last Thursday I had the privilege of speaking at the South Carolina Clerk of Court Conference at the Hilton Garden Inn in Aiken, SC. My presentation was an update of access to justice.

The presentation was met with enthusiasm and discussion continued even past the presentation. Luckily, at the last minute, I was able to incorporate a little of the updated report from LSCDOCUMENTING THE JUSTICE GAP IN AMERICA.

Here’s the presentation:

Clerks fall conf 10.1.09

And here are some of the photos:

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Thanks to Katie Staden from the SC Bar who accompanied me and took some of the photos when I was speaking!

-RFW

Filed under: 1, Court, IOLTA, LEP, Law, Law Related Education, Legal, Legal Clinic, Legal Documents, Legal Drafting, Limited English Proficiency, Plain English, Plain Language, Right to Counsel, 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, indigent, law librarians, law students, legal aid, poverty, pro bono, public interest attorney , , , , , , , , , ,

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 , , , , , , ,

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