Vol. 4, No. 1, Pg. 44. A Vision of Hope. Sometimes the Last Hope.

• Author: By J.S. Walker

South Carolina Lawyer

1992.

Vol. 4, No. 1, Pg. 44.

A Vision of Hope. Sometimes the Last Hope

44A Vision of Hope. Sometimes the Last Hope.By J.S. Walker45"There can be no equal justice where the kind of trial a man gets depends on the amount of money he has."

--Griffin v. Illinois, 351 U.S. 12 (1956)

One of the most remarkable documents in history--the United States Constitution--guarantees equal access to justice to all American citizens.

But as the laws and regulations have become increasingly numerous and complex, access to justice has become increasingly difficult, with the result that today legal help is needed in many situations encountered daily by citizens. The need is felt by people at all income levels.

Lawyers, of course, fill this need. But how do poor people--people who cannot pay a lawyer--find access to justice? When defense is required in criminal cases, the court appoints a lawyer. But civil cases involve advice, counsel, mediation and negotiation more often than representation in court and there are no court appointed lawyers in civil cases.

Teenagers. Men and women old before their time. Elderly. Black. White. But always poor. They come with problems: the retarded woman whose husband habitually abuses her; the illiterate man who was talked into deeding away his home; the mother whose children were taken away from her on the basis of an invalid custody order. The list can--and does--go on. The numbers are large, but each case involves people with serious problems. All of these people need a lawyer to guide them through the legal system.

Why should those who can pay lawyers help those who cannot? One obvious answer is that by mitigating hardship and suffering we not only "do good" but also help improve the overall quality of lifein the community. Less obvious are the economic benefits, such as a reduction of credit problems and bankruptcies; prevention of or minimizing family-related problems; reduction of court loads, keeping people off the streets; minimizing delinquency and substance abuse; helping to make workers more productive through reduced distraction on the job and reduced absenteeism.

The poor people in this state have two principal sources of help: the Pro Bono Program of the South Carolina Bar and programs funded largely by the quasi-private Legal Services Corporation. There are six legal services...