February 2012 Newsletter

We are pleased to share our latest newsletter.

SCATJC February2012

If you have questions, please feel free to email me.

~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: Ashley Cole

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

Meet ASHLEY COLE, 3L at the University of South Carolina School of Law.

Ashley Cole

Ashley became involved in pro bono when she saw flyers posted during her first semester of law school about the Guardian ad Litem program. Instead of signing up immediately she waited until her second semester and began talking with Pam Robinson (USC School of Law Pro Bono Director) about that particular program.  Ashley recalls “I was so excited because she remembered me even after the first time I spoke with her.  She signed me up for Pro Bono announcements.  I participated in the Guardian ad Litem training course, and it was “all she wrote” after that.”

She’s been participating in the law school’s pro bono program for 2 years now; serving on the board since her 2nd year of law school.

While Ashley continues to serve as GAL, she also stays involved in a lot of projects. 

Right now, we’re gearing up for our semester food drive for Harvest Hope.  It’s my job to get my classmates involved because we have a competition between the three law classes.  I want the 3Ls to win this year!  We’re kicking-off the food drive with a “It’s Not a Crock Pot” soup lunch to raise awareness for hunger.  I’ll be entering a soup in the contest on behalf of an organization I’m involved with.

Also, we’ve been hosting a “Good Deed Friday” project about once a month where students who are involved in Pro Bono get together with students from other law organizations to perform community service in and around Columbia. 

This semester, we kicked-off a new program called “Carolina Clerks” that allows attorneys with a pro bono case to obtain assistance from a USC Law student.  That program is wonderful because it provides help to the attorney while simultaneously providing experience to a law student who is eager to learn.

When asked about how she first became involved in these multiples projects, she noted “We host the food drive every semester, so that’s an easy Pro Bono opportunity for everyone.  Mostly, I learn about projects through my activities with the Board Members and Pam.  In fact, every time I walk into Pam’s office, she’s always telling me about the new ideas she has, and it’s wonderful that she’s so creative.”

Ashley’s passion for pro bono doesn’t stop there.

One semester, I participated in a “Pro Bono and Jelly” hunger awareness bake sale during the food drive.  We encouraged students and faculty to bring their lunches and donate the money they would normally spend eating out to Harvest Hope.  I have also visited retirement centers with other volunteers to sit down and talk with senior citizens about their legal needs.  We fill out surveys to identify how the legal community can best serve this group of people.   Additionally, this summer I worked with South Carolina Legal Aid as a public interest law clerk, so I stayed on this semester as a volunteer.   Our Pro Bono program has close ties with that office because they serve the public.

 I performed a lot of community service in high school and during my undergraduate career, so it seemed silly not to continue doing good things for others when I started law school.  Admittedly, it’s a lot more difficult during your first semester to get involved, but once I settled in I wanted to find out what I could do.  Pro Bono opportunities have provided me with a lot of hands-on legal experience.  I’m so thankful for the program, and I really enjoy working with students and people in our community.  I really believe that one of my responsibilities in this profession requires me to give back some of my time to people who really need it.  A lot of people don’t understand our judicial system, so law students and practicing attorneys should aspire to reach out to them and make the experience as helpful as possible.

When asked about whether she experienced any surprises with her pro bono work, Ashley reflects “I wouldn’t say I have had too many surprises.  I think becoming a GAL was a little overwhelming at first, though.  My first case was difficult for me because it was hard to believe that children, right here in Columbia, are abused and neglected every day.  We see these things on TV, so it was almost surreal to experience it first hand.  However, it was rewarding to stand in front of a judge in Family Court and have my final opinion heard and implemented.”

I asked Ashley about what she had learned from her pro bono service:

From my pro bono experiences, I have learned quite a lot about who I am, who I want to be, and what kind of law I think I might pursue.  For example, I learned that family law is more difficult because of the emotional element that’s always present when you speak to a client or work with family members.  Pro bono work has taught me patience and understanding.  When you realize that you have to explain legalese to someone who may or may not have graduated from high school, your perspective changes and you realize how valuable your services are to the clients you serve.  I have also learned how fortunate I am, and I’m thankful for the experiences I have had.

And pro bono service is not a new concept for Ashley. She recalls that “I have always believed that it is important for each person to serve the communities in which we live.  It’s so valuable to give back what we take.  Pro bono service really changed my view of the law because now I understand what it is like to see it from a regular person’s perspective.  By “regular person,” I mean someone who has not studied the law, someone who may not be aware of what his or her rights are in our country, and someone who can only tell me a story, not a particular legal issue.  That’s why I think pro bono service is so important because it’s one of a lawyer’s professional duties to give back to society.”

I asked Ashley if she had any thoughts about pro bono service that she wanted to share with her fellow law students. Her response was thoughtful and frank:

I think that pro bono speaks for itself.  Truly, a person only needs to get involved in one pro bono program to experience the joy and pleasure of doing good things for other people.  Everyone has a little time to sacrifice, and it only takes one project or one client to keep a law student engaged and active in pro bono work for life.

She remains an active pro bono volunteer at SC Legal Services volunteering three hours a week as a law clerk. She has high esteem for the SC Legal Services attorneys noting that they are “fabulous, and they work hard for their clients.  I have learned a great deal from them and could not be more thankful for the experience I have had there.  They have taught me so many things that classroom lectures don’t quite touch on in law school.”

Is Ashley’s pro bono going to continue into her law practice?

Most definitely.  I think I would be doing a disservice to myself and my community by not engaging in pro bono work.  

That is music to my ears. We are lucky to have have such dedicated young attorneys and law students who cannot imagine their profession without giving back.

Stay tuned as we highlight them throughout this week!

~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

Access to Justice: South Dakota Style

Below is an excerpt from the South Dakota State of the Judiciary delivered by Chief Justice David Gilbertson on January 12, 2011. As with Iowa’s excerpts, this pertains to access to justice for people with low-income or those of modest means. Of note – service to self-represented litigants (SRLs).

ACCESS TO THE COURTS BY THE UNDERPRIVILEGED

A Chief Justice from another state told me that 70% of the divorces in her state are now done by people attempting to represent themselves. We have an increasing number of our citizens who cannot afford to hire an attorney even if one is available in their area. Yet these citizens need and deserve access to our courts. We have worked with the Access to Justice Program of the State Bar to encourage attorneys to provide free legal services to those who need them. Currently there are 275 attorneys who have agreed to do so, an increase of 100 attorneys from last year. This number, while impressive, falls significantly short of the existing need.

Our Unified Judicial System has created many legal forms for those individuals who for various reasons, economic and otherwise, will be representing themselves in a judicial proceeding. At this point the forms deal with domestic relations issues such as divorce, name changes, and child support. Many of these forms are available free on the Internet at the UJS website, http://ujs.sd.gov/, or for a small fee at any Clerk of Court’s office. We hope to expand their scope and availability in the future.

-RFW

Guest Blogger: Jeff Yungman

The ABA Commission on Homelessness and Poverty recently met in Charleston to discuss issues surrounding homelessness and veterans. The following is a brief description about the meeting written by one of the panelists, Jeff Yungman of Charleston.

Stepping Up Justice for Veterans as They Stand Down:  Innovative Approaches Courts and Lawyers are Advancing to Help Veterans

The ABA Commission on Homelessness and Poverty presented a program at the Charleston School of LawPaul Freese moderated the program that included presentations by Paul, Jeff Yungman, Antonia Fasanelli, Sara Sommarstrom, and Steve Binder.  As the title indicates, the program focused on legal issues confronting veterans.

Jeff opened the program by explaining why veterans legal issues was the topic chosen to present and current initiatives in Charleston to develop a Veterans Treatment Court and a Veterans Child Support Clinic.  Antonia described pro bono opportunities for working with veterans and the ABA’s role in expanding legal services for veterans.  Sara provided information about the veterans’ child support clinic in Minnesota that uses law students and pro bono attorneys to provide legal services.  Steve then spoke about the homeless courts, their purpose, and how they operate.  Paul ended the program by describing veterans’ treatment courts, the reasons behind the establishment of such courts, and how they function.

The program was attended primarily by law students, but attorneys from SC Legal Services, the Solicitor’s office, and the Charleston bar also attended as well as at least one Charleston Municipal Court judge.  The reaction to the program at the time, and in subsequent comments since then, have been very positive.

Fall 2010: Law School for Non-Lawyers

Law School for Non-Lawyers

It’s BACK TO SCHOOL time and not just for kids!
You can go back to school too, via the SC Bar’s Law School for Non-Lawyers course.
The program is a 7-week Law School for Non-Lawyers course covering a variety of general legal subjects. The registration fee is $45 which includes course materials.

Covered topics include:

  • Overview of State Courts
  • Alternative Dispute Resolution
  • Family Law
  • Juvenile Justice
  • Child Protection Hearings
  • Wills, Estates and Probate Law
  • Health Care and Elder Law
  • Bankruptcy Law
  • Consumer Law and Debt Collection
  • Real Estate and Landlord/Tenant Law
  • Employment Law
  • South Carolina Workers’ Compensation Law
  • Criminal Law
  • Torts

The following courses are currently scheduled:

Trident Technical College

Offered every Tuesdays from 6:00 p.m. to 9:00 p.m.

September 14, 2010 through October 26, 2010

7000 Rivers Avenue, N. Charleston

Building 910, Room 123

To register, call 843-574-6152 or visit www.tridenttech.edu

HURRY, Registration ends September 7th

Horry/Georgetown Technical College

Every Monday from 6:00 p.m. to 9:00 p.m.

Beginning September 20, 2010 through November 1, 2010

743 Hemlock Dr., Myrtle Beach

Building 200, Room 136

To register, call 843-477-2020 or 843-349-5363 or visit www.hgtc.edu

HURRY, Registration ends September 14th

For any other questions or concerns you have, please contact Debbie Morris at dmorris@scbar.org or 800-395-3425, ext. 158.

The Law School for Non-Lawyers is made possible through an IOLTA grant from the SC Bar Foundation.

Ed McMahon, Your Legacy Lives On

Most everyone is familiar with Ed McMahon and the American Family Publishers Sweepstakes prize.  And some of us waited patiently for him to show up at our door with balloons and an over-sized check. Watching the few lucky prize winners was always a thrill. And today I had the honor of delivering balloons and flowers to the 2009 Ellen Hines Smith South Carolina Legal Services award recipient, Maureen White.

While the official award will be presented at the SC Bar Foundation Gala on March 11, 2010, Shannon Willis Scruggs of the SC Bar Foundation, and I delivered the good news to Ms. White today at the Greenville office of South Carolina Legal Services (SCLS). And wow, what a great feeling! To say that Ms. White was surprised would be an understatement. Below you’ll see some photos as we interrupted the Thursday morning staffing.

A little more about Ms. White:

  • She started work at SCLS in March 1997;
  • During her time at SCLS, she has conquered many legal issues including landlord/tenant, divorce, consumer and disability matters;
  • She is currently the lead bankruptcy attorney within the consumer unit of SCLS; and
  • She moved to South Carolina from Ohio where she had practiced for 12 years.

A few notes from the people who nominated her:

When she started at SCLS: Almost immediately, (no one can remember exactly when), she was fully oriented to the legal aid culture and was building a diverse caseload that has grown beyond all boundaries owing to her famous zeal at case acceptance meetings.

The justice system is better for her example, energy and abundant legal skill. Her humor enlivened every case acceptance meeting.

I could not be more impressed with her professionalism and cheerful work ethic – she is uniquely motivated in her desire to help others.

Maureen’s most significant achievement on a statewide level has been her work as our Lead Bankruptcy Attorney. When SCLS’ Bankruptcy Roadshow was created by the Consumer Unit, Maureen led the way as we went around the state training SCLS attorneys to handle bankruptcy cases. We significantly increased the number of attorneys handling bankruptcy and the number of clients being served by SCLS filing bankruptcy for them.

Meet Ms. Maureen White:

Once again – congratulations Maureen White!

And Ed McMahon – thanks for the inspiration . . . it’s a lot of fun to surprise people with flowers, balloons, and good news!

-RFW