Unlike a criminal case, there is no right to counsel in a civil case.  However, under certain circumstances, the judge may attempt to find an attorney who is willing to volunteer his or her time to represent a person in federal court.  Because the court lacks funds to pay attorneys who agree to represent those who cannot afford to hire an attorney on their own, these attorneys work without being paid (referred to as “pro bono”).

Before the judge will consider trying to find an attorney to volunteer to represent someone in a civil action, the litigant must first attempt to find an attorney on his or her own.  This involves contacting at least three attorneys to ask whether they would be willing to represent you on a pro bono basis.

If you are unable to find an attorney on your own, you may file a “Motion for the Appointment of Counsel.”  In this motion, you must explain why you are unable to afford counsel.  You must also provide details about your efforts to find counsel.

The judge will review the motion.  If the judge finds that you lack the resources to hire an attorney and have made appropriate efforts to obtain counsel on your own, the judge will consider several factors, including the complexity of the case, to decide whether to try and find a volunteer attorney to represent you.