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The Factors for Consideration when Assigning an Attorney to Your Civil case


5 Factors

(1) whether the indigent's claims seem likely to be of substance;

(2) whether the indigent is able to investigate the crucial facts concerning his/her claim;

(3) whether conflicting evidence implicating the need for cross-examination will be the major proof presented to the fact finder;

(4) whether the legal issues involved are complex; and

(5) whether there are any special reasons why appointment of counsel would be more likely to lead to a just determination.

I. Definitions

"1. attorney, lawyer, legal adviser;"

II. Legal Citations

28 USC §1915(e)(1) | Proceedings in Forma Pauperis
"(e)(1) The court may request an attorney to represent any person unable to afford counsel."

III. Case Law

# Case
1Hendricks v Coughlin, 114 F.3d 390, 392 (2d Cir. 1997)
2Hodge v Police Officers, 802 F.2d 58 (2d Cir. 1986)
3In re Martin-Trigona, 737 F.2d 1254 (2d Cir. 1984)
4Sears, Roebuck & Co. v. Charles W. Sears Real Estate, Inc., 865 F.2d 22 (2d Cir. 1988)

IV. Quick Commentary

  • USFLND: frequently broadcasts openings for pro bono work.
  • Note: Courts rarely grant requests for free appointment of counsel (on civil cases).
Congratulations! You're now booked up on the factors that are considered when deciding to Appoint Free Counsel to your civil case!

Please get the justice you deserve.


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