SC Appleseed to Host Series of Public Forums re: Foreclosure

Hot off the press!

SC Appleseed Legal Justice Center will host a series of three public forums around the state in response to the foreclosure crisis. Check the flyer below for more information.

~RFW

Celebrate Pro Bono: David C. Shea

As part of Celebrate Pro Bono 2011, we are highlighting pro bono legal service in South Carolina.

Meet David C. Shea, South Carolina attorney.

David C. Shea

When asked about what first drew him to pro bono, he responds:

I started in law school, hoping to gain some practical legal experience while at the same time helping others. Having been the first in my family to be financially able to attend a university, much less go to law school, I felt attending law school as a privilege for which a public debt is owed. As long as I can remember, I’ve always been encouraged and helped by family and teachers who thought I might amount to something, so I simply feel a moral duty help out others. This might not be the best reason, but to me it’s just part of my upbringing.

I grew up in South Florida and had an interest in immigration work, and while at USC Law, Pam Robinson had a program which allowed me to help with deportation cases and actually conduct a hearing during my 2L year with attorney supervision. This experience ultimately resulted in me obtaining a highly competitive Department of Justice summer internship in Chicago. So, in a sense, an unintended consequence of pro bono efforts helped jump start my career. 

David Shea’s name kept popping up when I spoke with various people about who to interview for Celebrate Pro Bono. And it’s easy to see why. According to several sources, he “always tries to keep at least one active pro bono case going at any given time, as well as volunteering with the Law Related Education committee’s programs, including Mock Trial.”

When asked about his current pro bono work, he noted:

I just finished a trial for a client for a divorce and child custody issues; the Decree is not even finished yet.

My practice is mainly concentrated in divorce work, so I limit my pro bono intakes to that area. I believe lawyers can be more effective my volunteering in their areas of practice, and the clients are better served as well.

 I take appointments directly from the South Carolina Bar pro bono program, and make a point of being available for questions for the Bar staff who administer and manage the programs. 

He is also active with the LRE Committee, including being a past chair.

I believe the LRE programs are instrumental to educating South Carolina’s students about the law and building the character of our future lawyers and judges, and leaders in general for those who don’t go on to law school.

I asked David about whether his pro bono legal work has been rewarding. Apparently it’s been very rewarding:

I got a hug in the courtroom from my client after my last pro bono divorce trial. Another client made me a cake. Things like that happen more often from pro bono clients than paying clients. I can’t remember a time when I didn’t get at least a “thank you” from a pro bono client, even when I lost.

In mock trial, it’s rewarding to see a shy student blossom into a confident public speaker. I didn’t have mock trial available when I went to school, and I’m shy by nature so it’s extra rewarding to see a student with a background like mine succeed in mock trial.

While not really a pro bono moment, I started out my legal career as a public defender. Years after I had opened my own practice, the spouse of a former public defender client tracked me down to personally give me her husband’s 1997 Master’s golf ball marker. She said her husband had recently died but always talked with her about how much he appreciated me helping him and that she thought I should have it since it was the year I represented him. You just can’t recreate the overwhelming feeling of appreciation from a moment like that – I had no idea prior to that moment what something relatively minor in my life was so major in his life – but the ball marker sits in my office as a reminder to do what’s right, and in a respectful manner, as we might not appreciate what it might mean to someone else. 

His philosophy about pro bono legal service:

I’m fortunate to be blessed with three children, a marriage, and a busy law practice, and time management is getting harder and harder as they all grow. However, as lawyers we need to remember we are fortunate to be positions of responsibility and power not afforded to many professions, and we need to appreciate and accept that. It’s the lawyers who DON’T who cause the bad press for the rest of us.

We all can build in some time to give back to our community if we try, and the rewarding feelings are indescribable. I’ve been active in Mock Trial long enough now that students I’ve met in the competitions are now colleagues, and it’s rewarding for one of them to approach you at a function to say “I remember when you did … back when I was in high school.”  

Given the nature of many domestic pro bono cases, oftentimes trial is more likely than settlement, thus it doesn’t serve your family, the courts, or your clients well to get overextended. Do what you can, but keep perspective and balance. We all have our areas of interests and expertise, and between all the pro bono opportunities available to us through the S.C. Bar, our county Bars, the law schools, and the community in general, there’s an opportunity available for most any lawyer whether you want a few hours or a long term project.

Just as being a divorce lawyer is good for a marriage in terms of seeing what doesn’t work for others, doing pro bono work is good for a healthy legal mind and body in terms of doing for others what they can’t do for themselves.

Unfortunately, I see a lot a lawyers who probably would be much happier if they would let themselves experience a pro bono moment once in a while, as it would take them back to the days of idealism and helpfulness they had when they first dreamt of being a lawyer. The lawyers who entered our profession just for the financial rewards will dismiss this and go back to their work, if they are even reading this at all.

It you haven’t volunteered in a long time and my comments have actually given you pause, we still need some more judges for the Middle School Mock Trial competition in November and December. Do yourself a favor and call 803-252-5139 to volunteer right now while you are feeling guilty and longing to feel rewarded! 

Not surprisingly, David C. Shea’s volunteer work extends beyond his legal work, he also belongs to the Richland Sertoma Club, an organization dedicated to helping Midlands citizens and those with speech, hearing and language disorders. He is also a Cub Scout Den Leader to a wild, diverse, and fun group of first graders. 

I cannot imagine a better role model for those first graders! Thanks Dave!

~RFW

Celebrate Pro Bono: Bryan Lysell

As part of Celebrate Pro Bono 2011, we are highlighting pro bono legal service in South Carolina.

Meet BRYAN LYSELL, 3L at the University of South Carolina School of Law.

Bryan Lysell

Bryan Lysell has been involved in the USC School of Law Pro Bono Program since his first semester in law school. He currently serves as co-Presidents of the Pro Bono Board and participates in the Carolina Clerks project with the South Carolina Appleseed Legal Justice Center and he volunteers at the Homeless Law Clinic (HELP) in St. Peter’s Church.

I asked Bryan a few questions about pro bono, including what first drew him to the program. Here’s what he said:

That is hard to say.  I guess what first drew me to the Pro Bono Program was public radio.  I like NPR and the pro bono program volunteers each year to man the telephones at ETV’s fall fundraiser.  I volunteered for that and sat next to Pam Robinson.  Pam asked me what I did before I came to law school and when I told her that I used to work for a labor union, she was one of the first people I met in South Carolina who had a positive reaction.  I think I thought to myself then that a program that that lady runs must be a good program.  That impression has been borne out time and again over the last three years.

When asked about he became involved with the various projects, he noted:

I learned about all of these programs through Pam Robinson.  With regard to the Carolina Clerks position, I responded to a general request that Pam had sent out via email.

In September, Pam needed someone to fill an open spot at HELP one morning and she asked me if I could stop by.  I think Pam asked me because HELP is a morning gig and she knew that I am generally an early riser.

He also participates with Volunteer Income Tax Assistance (VITA),

VITA was one of the first things that I got involved in at law school and I feel like it really set the tone for my continued participation in the pro bono program.  I used to be a labor union representative and I enjoy talking to people.  VITA gave me an opportunity to interact with folks who have problems and who are trying to get help with them.  It had a lot of the characteristics of my former employment and it was comforting to me to be able to do something that felt familiar and that I thought I was good at (particularly in my 1L year when that feeling is an otherwise rare commodity.

One of his favorite pro bono memories is participating in VITA:

I had a nice surprise while doing taxes.  An elderly man came in needing to have his taxes prepared. 

Usually I like to chat with folks while I do their taxes.  I find it entertaining and having a conversation with the person to whom you’ve entrusted an important task usually makes people feel more comfortable in that entrustment. 

This guy just would not bite, though; he responded monosyllabically, if at all to any questions I would ask, even those related to taxes. 

As I went through his documents, I found a 1099 for a pension that he received from LTV.  LTV is a steel company that specializes in producing steel pipe. I asked him whether he worked in a mill and he told me that he worked at a mill in Cleveland. 

Well, I’m from Pittsburgh, and my father, my uncle, and my grandfather all worked in the mills, and in particular my grandfather worked in the McKeesportworks, which specialized in continuous cast steel pipe.  When I told him all of that, his demeanor turned 180 degrees and he was as affable as anyone I had ever met.  We talked about the Steelers and the Browns, about steel mills, about South Carolina summers and how unbearably long and hot they are, and about Midwest winters and how unbearably long and cold they are. 

I don’t think I’ll ever forget that guy.  I hope he comes around again this year.

You need to listen to people when they are talking to you about their concerns, that sometimes they’re saying more than what they’re actually saying.

As he related what he’s learned from doing pro bono work, it was evident that he will make a fine attorney:

I have relearned that you need to listen to people when they are talking to you about their concerns, that sometimes they’re saying more than what they’re actually saying.  I think that has particularly been the case at the homeless legal clinic.  Sometimes you are talking to people who have been involved in significant domestic violence issues and while some people can talk openly about it, others cannot. 

When asked about whether participating in pro bono changed his view of law, he noted:

What changed my view of the law was learning that lawyers have an ethical obligation to helping people in need gain access to the justice system.  I feel like that ethical obligation corresponds with my own notions of what a personally productive career would be and what is an appropriately civic minded individual.

In his co-President role, he actively speaks about pro bono and encourages other students to participate. Specifically:

When I talk to other law students about the Pro Bono Program I usually like to stress to them that this is an opportunity to interact with actual people, the kind that you are going to interact with as a real attorney, and that law students should take those opportunities whenever they can get them. 

This kind of interaction is an education in its own right, and the ability to communicate complicated ideas to people in a manner that is easily understandable is an essential component to being a good advisor, which itself is essential to being a good lawyer. 

I usually conclude by saying that, if nothing else, it feels good to be able to help people that need it and that as lawyers we have an ethical obligation to do exactly this kind of work.

I’m looking forward to hearing more from this valuable pro bono leader!

~RFW

Focus on Pro Bono: Celebrate Pro Bono 2011

I’m very proud to don this logo on the SC Access to Justice blog. For the past three years, the American Bar Association has hosted this powerful, national event highlighting the importance of pro bono legal services around the United States.

In South Carolina, we’re proud to highlight some of the work in our own backyard. Throughout the remainder of Celebrate Pro Bono 2011, you’ll be able to learn how South Carolina law students and practicing attorneys interpret pro bono legal services and put it into action.

Many thanks to the American Bar, probono.net and the thousands of attorneys and law students who are celebrating pro bono this week!

~ RFW

SC Supreme Court News: Revisions to the Self-Represented Litigant Simple Divorce Packet

Earlier today the Supreme Court of South Carolina issued an Order with Revisions to the Self-Represented Litigant Simple Divorce Packet based upon suggestions from the legal community to the SC Access to Justice Commission.

Changes include:

  1. Addition of a sample script for the Plaintiff;
  2. Paragraphs 1 and 2 have been added to Page 1 so the parties can provide the county and state of their residency;
  3. Paragraph 3 of Page 1 has been added so the parties can provide the county and state where they last shared a residence;
  4. Paragraph 4 has been revised to allow the Plaintiff to select the length of time the parties have lived in South Carolina; and
  5. The statement “If no name change is requested, please leave blank” is added at the end of Paragraph B on page 3.
The instructions for completing the Simple Divorce Packet have been revised to reflect these changes.

-RFW

Congratulations to Texas Access to Justice Foundation!

In one of my e-alerts I saw where the Texas Access to Justice Foundation funded a YouTube video to help low-income self-represented litigants navigate the court system. I viewed the video and was duly impressed. While some of the information will vary for self-represented litigants in South Carolina, the video does provide good general information about what to expect in court.

Here’s the video:

Congratulations Texas!

-RFW

Update: Newberry County Self-Help Center Pilot Program

You may remember a quick announcement on the blog about the Newberry County Self-Help Center Pilot Program back in February. Well I’m pleased to say that the Newberry County Self-Help Center has regular operating hours – 10:00 a.m. to 2:00 p.m. on the 1st Wednesday of every month.

The Center is located inside the main courthouse, just past security on the right. There are brochures available to the public and a list of clinics and other public offerings will be available to those interested.

Thanks.

~ RFW

Guest Blogger: Daniel Kim

Recently, I have been given the opportunity to work at the SC Access to Justice Commission (SCATJ) by being appointed as a “BFF,” a bar foundation fellow. The program is known as the South Carolina Bar Foundation Public Interest Fellows Project, which was started to increase student awareness of public interest law. It also offers public legal service organizations the help they need to accomplish the work they do for the public. Now you may wonder what SCATJ is and what the organization does; I know I did. But one of the great things about this program is that it gives students a chance to learn about public interest organizations that they did not know existed.

SCATJ is faced with the difficult challenge of “ensuring access to justice for all South Carolinians.” This organization was created to help people with low income and modest means obtain access to the South Carolina court system. One of their programs is geared towards self-represented litigants, and that is the field I have done the most amount of work. One of my major projects since starting here has been to work on an information guide for different counties within the judicial district of the new Newberry County Self-Help Center. Often times, self-represented litigants forego hiring an attorney due to lack of financial means. However, these litigants often go into court with no resources or knowledge of the SC legal and court system. They do not understand the legalese in forms, the process to properly fill out court documents and forms, and court policies and procedures, such as service of process.

SCATJ tries to provide self-represented litigants with guidelines and resources so that they may enter the court with more knowledge of the system. Chief Justice Toal has spearheaded the movement to streamline polices and procedures and have records be automated through the use of the Internet. This has enabled all courts in different SC counties to have similar paperwork.

The reason I came to law school was to help those in need and make an impact in the community. As cliché as that may sound, my passion and desire to achieve this goal is the reason I applied to be a “BFF” and the reason I want to become an attorney. The goals of SCATJ align with the goals I seek to accomplish after law school, and this is the sole reason I wanted to take part in this opportunity. This has been an invaluable learning experience for me thus far. I have learned a lot about public interest law, SC law, and the challenges everyday South Carolinians face to acquire what we, as law students, sometimes take for granted: obtaining justice. It has been a pleasure to work here at the SCATJ, and I look forward to continuing to work here in order to give back more to the community while continuing to learn and grow from this experience.

-Daniel Kim

Thanks 2011 Mock Trial Judges!

Everyday I’m reminded why I like the law. There are so many reasons, but one of the most important is how much I like and respect my colleagues.

We endure lawyer jokes. We are cursed along with “used-car salesmen” (and are they really so bad? My cars were exactly what I wanted).

And sure, there are some who bring out the worst.

BUT there are even more who are really cool people. They engage in their communities and take an active leadership role. Below is such a list. All these attorneys took time out to coach, judge or coordinate local High School student mock trial competitions. And that IS really cool. THANKS!

Take a look, you may know one or more. (click to enlarge)

-RFW

Watch SC State of the Judiciary LIVE!

Today at 12:00 noon (EST), South Carolina Chief Justice Jean Hoefer Toal will deliver the annual State of the Judiciary at a joint session of the General Assembly.

Earlier today, the South Carolina Court News announced that the speech will be broadcast live on the South Carolina House of Representative’s Live Broadcast Chamber Video. Please note that you will need to have Adobe Flash Player in order to watch the presentation.

And if you are not able to view it live, the South Carolina Court News will announce its archived address (thank you SCETV) as soon as possible after the address.

-RFW