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

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

There’s an article in the Free Times that features Commissioner Sue Berkowitz. It focuses on the Opt Out idea that is currently circulating in D.C. regarding the Health Care Reform Package.

Some statistics from the article:

Currently, South Carolina ranks 48th in the country in overall health, according to data from the United Health Foundation. The state ranks near the top in such categories as stroke deaths, infant mortality and percentage of uninsured children and near the bottom of such lists as access to prenatal care and percentage of healthy children.

Also, approximately one in six South Carolinians are uninsured, according to Census data, and 80 percent of the uninsured are from working families, according to Families USA.

Tell us what you think:

-RFW

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

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.

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

Very pleased to share:

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

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

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.

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.