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!

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

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.]

From their website:

The E Pluribus Unum Prizes are a national awards program that provides four $50,000 prizes annually to exceptional initiatives that promote immigrant integration.

The awards are intended to recognize exceptional immigrant integration initiatives that help immigrants and their children adapt, thrive, and contribute to the United States or that bring immigrants and the native born together to build stronger, more cohesive communities.

This is exciting news for funding for some of our legal partners who work with immigrants, especially in this economy. Thank you MPI for offering us not only good empirical data on immigrants, but for offering this opportunity.

-RFW

Rita Roache

November is designated as National Adoption Month, a time to recognize the benefits of adoption for families and children.

South Carolina Legal Services marks this observance through partnerships and community education. The law firm is available to represent clients in Adoption cases and also to provide education and conduct outreach.

If you would like a speaker for a community education event, please call Tene’ Staley at 843-266-2171. If you need representation, please call our Legal Aid Telephone Intake Service (LATIS) at 1-888-346-5592.

For more information, see http://lawhelp.org/SC/.

- Rita Roache

Rita Roache is a staff attorney and the Family Law Unit head of South Carolina Legal Services.

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.