what happens when you can't afford a lawyer in south carolina

by Dr. Heber Fahey DDS 4 min read

Many South Carolina lawyers offer their services for free (pro bono) to clients who cannot afford to pay for help with civil legal matters. These matters include family, housing, bankruptcy or probate matters.

What happens when an accused is unable to afford a lawyer?

Answer: However, as a general rule, if you are judged to be indigent, and there is actual risk of a jail or prison sentence, the court must appoint free legal counsel. If you don't qualify for free help but can't afford the full cost of a private lawyer, you may still obtain the services of a court-appointed attorney.

What is it called when you can't afford a lawyer?

When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person.

What if a person can't afford to have a lawyer for his or her defense?

If you're unable to afford a lawyer, you should start by looking into Legal Aid. Legal aid is an umbrella term for any service which provides legal assistance to those unable to afford it otherwise.

Does South Carolina have legal aid?

To find out if you are eligible for assistance through SC Legal Services, call the Legal Aid Telephone Intake Service (LATIS) at 803-744-9430 in Richland or Lexington counties or 1-888-346-5592 from other parts of the state. This information was prepared to give you some general information on the law.

Can you sue someone who has no money?

You can sue someone even if they have no money. The lawsuit does not rely on whether you can pay but on whether you owe a certain debt amount to that plaintiff. Even with no money, the court can decide that the creditor has won the lawsuit, and the opposite party still owes that sum of money.

How do pro bono lawyers get paid?

A lawyer who works pro bono does not get paid for the commitment on the case. To cover the loss of income, lawyers often cover the pro bono cases through charges to paying clients. Others work on a “no win, no fee” basis. They only get paid if they win the case.

What is a retainer fee for a lawyer?

The fixed retainer fee is a predetermined fee paid on a lump sum, in advance of any legal work to be performed. In corporations, for example, a general corporate retainer would include general corporate services such as drafting minutes and board resolutions, secretary's certifications, ant the like.

What are your Miranda rights?

After placing the suspect under arrest, the officer will say something similar to, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

Can I represent myself in court?

You have a right to represent yourself in court in a civil case. If you choose to represent yourself, the court will hold you to the same standards as if you were a lawyer. Some cases are simple and straightforward.

Who are entitled to legal services?

According to Section 13 (1) of the Act, any individual who satisfies any criteria under Section 12 is entitled to receive legal services, provided that the concerned Legal Services Authority is satisfied that such person has a genuine case to prosecute or defend the matter.

What is a wife entitled to in a divorce in South Carolina?

South Carolina's marital property laws are, like the majority of states, equitable distribution laws. Spouses in South Carolina have a right to all marital property. Marital property is all the real and personal property acquired by the parties during the marriage and owned at the date of filing for divorce.

How do I get a free divorce in South Carolina?

Complete the South Carolina Self-Represented Litigant Simple Divorce Packets online using a free, interactive program provided by South Carolina Legal Services. This program allows you to quickly and easily complete the divorce packet by answering simple questions online. Visit www.lawhelp.org/sc for more information.