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

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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 , SRLs, Unbundled Legal Services, fairness, pro se, ghostwriting, Master-in-equity, Lexington County Bar, The Honorable James O. Spence, Desa Ballard, The Honorable Richard C. Collins, Magistrate, The Honorable Daniel R. Eckstrom, Probate Court, Annual Conference, Advance Sheets, Attorney Discipline. Robert Fulghum, Fair, 2007 ABA Advisory Opinion, 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

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

October Wrap-Up SC Supreme Court News

Last month there was a lot of excitement at the South Carolina Supreme Court.

• For those interested in state politics, we had an ethics probe case, with video.
• For those of us in the legal profession, results from the July Bar Exam were published.
• For those interested in research and accessibility, we saw the re-opening of the Supreme Court Library.
• And for those of us interested in Court innovations and access to justice, we saw the establishment of a new Task Force – TASK FORCE ON STATE COURTS AND THE ELDERLY.

If you have a moment, take a look at these news items. Each offers perspective into the work of the Court and its endeavor to serve access to justice.

-RFW

Filed under: 1, Charleston School of Law, Court, Law, Legal, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, South Carolina Supreme Court, access to justice, access to justice blog, advocacy, attorney, blog, court innovation, elderly, law librarians, law students, public interest attorney , South Carolina Supreme Court, Legal Profession, October Wrap, Supreme Court of South Carolina, Ethics Probe Case, SC Politics, State Politics, July Bar Exam, Supreme Court Library, Task Force, Task Force on State Courts and the Elderly, Geriatric, Guardian, Guardian ad Litem

No paper towels, only legal paper

This may seem like a strange title for a post, but recently I received an email from South Carolina Court Administration indicating that Clerks of Court are having to reject pleadings at a higher rate due to an increase of non-conformance with Rule 10, SCRCP.

For new attorneys and self-represented litigants, it may be a good idea to review Rule 10 of the South Carolina Rules of Civil Procedure which governs Form of Pleadings.

Here is Section (a) of Rule 10. Please note the numbered arrows correspond with bracketed numbers in the text.

(a) Caption, Name of Parties. Every pleading shall contain a caption setting forth the name of the State [1] and County[1], the name of the Court[6], the title of the action[5], the file number [4]and a designation as in Rule 7(a). In the summons and complaint the title of the action shall include the names of all parties[2][3], but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.

Note this entire portion is called the CAPTION.

Please note that there will not be a docket number [4] until the Clerk of Court assigns one. If you do not know your judicial circuit number, you can check the map here on the SC Courts’ website.

Now, let’s skip down to Section (d):

(d) Manner of Preparing Papers. Pleadings and other papers shall be on legal cap paper, eight and one-half by eleven inches in size. They shall be plainly written with adequate spacing between lines or typewritten with not less than one and one-half spacing between lines. Each page shall be numbered consecutively and pages shall be fastened at the top so as to read continuously. Papers in handwriting or typewriting must have a blank margin of an inch and one-half on the left. Plats, photographs, diagrams, documents, and other paper exhibits or copies thereof may be submitted in their actual size; but should be reduced if practicable to eight and one-half by eleven inches if such reduction does not impair legibility and clarity.

What’s of interest here is that even though it clearly states that PLEADINGS AND OTHER PAPERS SHALL BE ON LEGAL CAP PAPER (8 1/2 x 11), the Courts have been receiving pleadings written on paper towels, napkins and even envelopes. And according to Section (e), the Clerks can refuse to file pleadings or papers that are not prepared according to this rule.

Skip down to Section (e):

(e) Filing Refused. The clerk of the court shall not file any pleadings or other papers not prepared in accordance with this rule; except plats, photographs, diagrams, documents, and other paper exhibits as provided in paragraph 10(c).

Please read through the rules before filing documents and make sure you’re in compliance with the rules. If not, the result could be costly to litigants while slowing the efforts of judges to dispense justice.

And if you are a self-represented litigant and are not sure what to do, you may wish to consult an attorney to ensure that you are not giving up your legal rights.

-RFW

Filed under: 1, Court, Law, Legal, Legal Clinic, Legal Documents, Legal Drafting, Legalese, Plain English, Plain Language, Readability, South Carolina, South Carolina Access to Justice Commission, South Carolina Court Administration, South Carolina Courts, access to justice, access to justice blog, attorney, blog, law librarians, legal aid, poverty, self-represented litigant , Caption, clerks of court, court administration, envelopes, Form of Pleadings, Name of Parties, napkins, new attorneys, paper towels, preparing papers, Rule 10 of the South Carolina Rules of Civil Procedure, Rule 10 SCRCP, self-represented litigants, www.sccourts.org

South Carolina’s #1 Crime: Domestic Violence

This morning while reading an article about Domestic Violence in The State newspaper, I became a little choked up. Why this article this morning? I don’t know for certain.

It could be because I’ve been focusing on Domestic Violence this month a little more than usual. Sure I’ve noted Domestic Violence Awareness Month each year, but this year, I’ve received information about DV while also searching for statistics as well as stories.

I don’t have to go too far to find someone I know. Even in high school one of my best friends confided in me that her boyfriend liked to hurt her. I advised her then to stop seeing him. It took a few more times of him “hurting” her before she finally did.

Then in my late twenties, one of my dear friends moved out of town to be with her “dreamy” boyfriend. Through the grapevine I heard that she was being abused. I called her up at work and asked if this was true. She didn’t want to talk about it. That was ok, I didn’t give up. Eventually I went to visit her, and meet him. At first glance, he seemed dashing and quite charming. I could see the attraction. Later though when we “girls” stayed up late chatting into the wee hours, I learned the truth. It didn’t take long for us to come up with a plan to move her back home – while he was away.

And then there’s the pro bono work I did in law school. A friend and I volunteered with the USC School of Law’s Pro Bono Program to assist the grant-sponsored Sistercare legal advocacy program. Our role was limited – we, advocate/law students, couldn’t represent the victims in court, but we could meet with them, complete the questionnaire with them, hand them tissues, hold their hands and hug them. They told us that they appreciated our help.

And one time, the attorney supervisor had another engagement and wasn’t able to appear with one of the victims. The victim, a mild-mannered woman who had been married 30+ years to the man, wasn’t able to afford an attorney. And she had nobody else to go with her into the courtroom. The volunteers were not allowed to represent the victims but were allowed to accompany them into the courtroom.

So I went. I was a little nervous. A little scared. After all, the husband was there. And so was his attorney. And then I had my “aha” moment (as Oprah calls them) - if I was nervous, how did the victim feel?

When the judge asked everyone to identify ourselves, I noted that I was the advocate and unable to represent the woman next to me. The judge allowed me to stay.

The hearing took about 15 minutes. It was evident that the woman didn’t know how to defend her claim. And I was just there to offer her a friendly hand.

After the hearing we went into the hall, where it was TENSE. The woman and I spoke on one side of the hall. The husband and his attorney spoke on the other side. I remember her telling me “I have to go back. He has all the money. I haven’t worked in 30+ years. He said it will be ok.”

I watched as she left me and walked over to her much taller, larger husband. They embraced. I felt alone and demoralized. I don’t know what she felt.

Every now and then I think about her. Is she ok? I’ll probably never know.

-RFW

Filed under: 1, Court, Law, Legal, Legal Clinic, Right to Counsel, South Carolina, South Carolina Access to Justice Commission, South Carolina Courts, USC School of Law, access to justice, access to justice blog, advocacy, attorney, blog, divorce, domestic violence, indigent, law students, poverty, pro bono, public interest attorney , Aha Moment, cdv, domestic violence, domestic violence awareness month, Oprah, Oprah Winfrey, SisterCare, South Carolina's #1 Crime, The State newspaper, USC School of Law, USC School of Law Pro Bono Program